Victoria

As part of the move towards 100% electronic lodgement of land instruments in Victoria, version 5 of the Registrar's Requirements for Paper Conveyancing Transactions provides that from 1 October 2018, the following instruments, whether lodged by themselves or in combination with any other instruments in the following list, must be lodged through PEXA:

  • transfers;
  • mortgages;
  • discharges of mortgage;
  • caveats;
  • withdrawals of caveat;
  • applications by legal personal representatives; and
  • applications by a surviving proprietor.

Paper instruments for the above dealings will no longer be accepted by Land Use Victoria after 1 October 2018.

However, the following exceptions will continue to apply:

  • where an existing paper instrument has been signed prior to 1 October 2018;
  • if in a combination of instruments, a party is not represented by a conveyancer or lawyer;
  • if a folio of the Register cannot be dealt with in an electronic lodgement network;
  • if an instrument affects more than 20 titles;
  • if a transfer is of a type which is not currently available electronically, such as:
    • transfers creating an easement;
    • transfers of an interest (eg. a lease);
    • transfers of part of land in a folio;
    • transfers of a tenant in comment's share; and
    • transfers that cannot be assessed for duty using the Victorian State Revenue Office's Duties Online system (eg. where an exemption is to be applied for); or
  • if a survivorship or transmission application is not available electronically, such as a survivorship application by an interest holder.

It is intended that all Victorian land instruments will be lodged electronically from 1 August 2019.

For more information, see: Registrar's Requirements for Paper Conveyancing Transactions (Version 5)

Western Australia

Similarly, in WA from 1 December 2018, all standalone and combinations of transactions available in PEXA (including transfers, mortgages, discharges of mortgage, caveats and withdrawals of caveats) must be lodged electronically through PEXA.

For more information, see: Landgate Bulletin No. 306 - Extension of transition period for electronic lodgement of eligible land title documents