LOD-01 Lodging of Electronic Documents

Version 5 - 29/11/2021

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Landgate's Role

The following services are provided by Landgate to enable lodgement of electronic documents:

• Land Title Reference Verification (LRV) - When commencing an electronic transaction, the Subscriber will be able to check whether the title or titles to be dealt on are able to be processed electronically. Once the title details are entered into the ELNO a request will be made for Landgate to verify that firstly, the title is valid and secondly, that it can be transacted on electronically. Where there is more than one title in the transaction all titles must be capable of being processed electronically. If this is not the case, then the transaction will not be able to be processed via the ELNO and paper lodgement will be necessary. A successful title verification shows that the title can be dealt on electronically but it does not mean that all electronic transactions will be eligible. A Subscriber should undertake a title search to determine the current interests/encumbrances/notifications and how they may affect the proposed transaction.
• Registry Information Supply (RIS) - Once the land title(s) suitability for electronic transacting has been confirmed, the ELNO will request a RIS. The certificate of title data supplied by Landgate to the ELNO in response to this request will enable the preparation of document types that are able to be lodged via the ELNO. The RIS will also include details of any activity on the title(s) for the last 60 days.
• Title Activity Check (TAC) - The TAC service checks with Landgate for any changes to the registry information initially supplied to the ELNO workspace. This service is to be used as required for due diligence purposes by participating Subscribers to ascertain whether there has been any change to the land title information. Multiple TACs may be requested during the life of the workspace. TACs will be triggered automatically by the system or requested manually by a Subscriber.
• Lodgement Verification (LV) - The objective of this service is to request Landgate to validate that a given lodgement case is acceptable for lodgement. This service is invoked automatically by the ELNO when:
  • All documents in the lodgement case (the lodgement instructions, all registry documents or administrative notices) have been prepared, are complete, but not yet necessarily certified or signed
  • All documents in the lodgement case have been certified and signed by all the relevant subscribers
  • A TAC response of ‘Yes’ is returned in a lodgement case involving settlement
• Lodgement Verification Status (LVS) – This service provides a means for Landgate to communicate back to the originating ELNO workspace the status of a lodgement verification request. Upon receipt of a lodgement verification request, Landgate will complete verification of all documents in the lodgement case and confirm their acceptability for lodgement. Landgate will compile the lodgement verification compliance report and the lodgement fee estimate and send the lodgement verification status advice to the ELNO. If the lodgement case:
  • passes verification – Landgate returns a successful lodgement verification compliance report (compliance indicator = "Yes"). This includes warning and information messages.
  • fails verification – Landgate will return an unsuccessful lodgement verification compliance report (compliance indicator = "No"). This includes error and warning messages which detail required documents missing from the lodgement case as well as documents in the lodgement case which fail verification, and reason(s) why identified documents are not eligible for lodgement.

Some examples of critical errors which would result in documents being unacceptable for lodgement include but are not limited to:

• the land title is not current
• the land title is not valid
• incorrect fees paid
• digital signature is missing
• subscriber organisation in the digital signature does not match execution
• subscriber does not exist. A title status can change from 'able to be dealt with electronically' to 'unable to be dealt with electronically' during the life of the workspace. This can happen as a result of the title becoming ‘in order for dealing’ due to a recent lodgement that is as yet registered. Subscribers should investigate any returned warning and take appropriate action as required.
• Lodgement (L) – This service provides a means for the ELNO to submit a case for lodgement.
• Lodgement Case Status (LCS) – This service provides a means for Landgate to communicate back to the originating ELNO workspace the status of a lodgement case. Notwithstanding prior successful lodgement verification, Landgate may or may not accept a case for lodgement. The lodgement case status returns the status of the case (Not Accepted, Lodged, Completed).

2 Attaching Evidence to Electronic Documents

There are instances where it is necessary to lodge evidence in support of an electronic document. It is important that the scanned image of the evidence is of a suitable quality to be viewable on the Register. Subscribers should ensure that the evidence image is:

• a PDF file type
• attached to the document prior to lodgement. Uploading to the workspace alone is insufficient, the evidence image must also be attached to the relevant document.
• attached as the correct evidence type, for example evidence type “Restrictive Covenant” should only be used for the creation of a new covenant within a transfer. A letter requesting the removal of an existing expired covenant should be attached using the evidence type of “Other”.
• separated from other evidence that needs to be attached to the document. If more than one type of evidence is required, each evidence document must be individually scanned and attached as the correct evidence type. For example, if the case requires a consent letter and a statutory declaration, they must be scanned, uploaded, and attached separately. The result would be two evidence attachments for the document.
• of an adequate image resolution. This is achieved by ensuring the scanner settings for image resolution are 200dpi or higher, and the file size is not reduced when saving prior to uploading
• scanned as an A4 size
• does not contain JPEG images, including electronic images of signatures. All evidence that is required to be wet signed, such as letters to the Registrar, must be wet signed and then scanned and uploaded

If a Subscriber is having any issues in relation to attaching evidence within a workspace, they must contact the ELNO and/or Landgate prior to lodgement. Failure to lodge the evidence with the document may result in not achieving the intended action upon registration, and further documents may then be required to be lodged.

3 Duplicate Certificates of Title

Where a duplicate certificate of title exists and is required for an electronic document, the Subscriber must certify that:

“The Certifier has: (a) retrieved; and (b) either securely destroyed or made invalid, the (duplicate) certificate(s) of title for the folio(s) of the Register listed in this Registry Instrument or Document.”

The destruction or invalidation of the duplicate must occur prior to lodgement. If an electronic document is lodged, and subsequently withdrawn of rejected by the Registrar of Titles, a new edition of the duplicate certificate of title will be issued back to the lodging party.

3.1 Duplicate Holding Details and Issuing Instructions¹

In relation to the duplicate holding details and issuing instructions - if an outgoing mortgagee enters duplicate holding details, one of the parties in the workspace will be required to enter issuing instructions. Which party instructs the issuing, depends on the documents being lodged.

For example:

• For a standalone discharge, the outgoing mortgagee would need to enter the issuing instructions
• For a discharge and transfer, the transferee’s representative would enter the issuing instructions
• For a discharge, transfer and mortgage, the incoming mortgagee would enter the issuing instructions

¹Section 3.1  added 29/11/2021