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:
- discharges of mortgage;
- 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)
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.