Electronic conveyancing is now the standard settlement process in Western Australia, replacing the time-consuming paper-based settlement process that has been in use for more than a century.
The following transactions can be lodged electronically:
- Transfers (mandated)
- Caveats (mandated)
- Withdrawal of Caveats (mandated)
- Mortgages (mandated)
- Discharge of Mortgages (mandated)
- Change of Name
- Survivorship applications
Paper lodgement will not be accepted for mandated documents unless the instrument(s) cannot be lodged using an electronic lodgement network and a completed Request to accept paper lodgement form is attached. Reasons are to be clearly set out in the Request to accept paper lodgement form.
The current focus of ELNO’s and Land Registries nationally to implement an interoperable and competitive electronic conveyancing market has caused some delays to Landgate’s development roadmap. Electronic lodgement of transmission applications and residual documents is now expected to be deployed late 2021 to early 2022.
Landgate has been working with RevenueWA and the ELNOs to develop an e-conveyancing hub which will result in duty information being passed from RevenueWA to the ELNOs via Landgate’s systems. This will enable increased transfer scope for e-conveyancing and is expected to be released to industry towards the end of the year. When a go-live date is confirmed, further information will be provided via a customer information bulletin. You can subscribe to Landgate’s customer service bulletins on the customer service bulletin page.
The Australian Registrars National Electronic Conveyancing Council (ARNECC) are working towards the following timeline:
- July 2021: ARNECC has released draft version 7 of the Model Operating Requirements and explanatory notes which can be viewed on the ARNECC website. Written submissions can be made to email@example.com. The consultation period closes on 11 August 2021.
- August/October: release draft Electronic Conveyancing National Law (ECNL) to industry with decision on Regulatory Impact Statement; all jurisdictions to finalise governmental approvals.
New South Wales intends to table the Bill in Parliament once all jurisdictional government approvals have been obtained.
- December 2021 or first quarter 2022 calendar year: first interoperable transaction, aim to have a refinance relating to a property in Queensland.
- 2022: implement interoperability across all documents and jurisdictions that support eConveyancing.
Subject to Cabinet approval, Western Australia is looking to join the national legal scheme rather than having its separate Electronic Conveyancing Act as there is no real difference with the National law.
Through ARNECC, Land registries are focused on enabling all the relevant parts to come together with a view to enabling the first interoperable transaction in Queensland by December 2021.
Much like what we did when we implemented the National Electronic Conveyancing System in 2014, the subsequent transactions that can become interoperable will be developed in 2022.
For those who are interested in following the updates in more detail please see our dedicated interoperability page.