find the latest legal job
Inhouse Legal Counsel -18 months-4 PAE - Real Estate Investment Company
Category: Banking and Finance Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· In brand new prestigious CBD offices
View details
Senior Associate - Competition, Policy & Regulatory
Category: Other | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Work with a well regarded Partner · Sydney CBD
View details
Commercial Litigation Senior Associate
Category: Litigation and Dispute Resolution | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Lawyers Weekly Australia Partner of the Year 2016, Insolvency
View details
MULTIPLEX Regional Legal Counsel (Vic) | 7 to 10 years + PQE
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Career defining in-house role · Tier One international contractor
View details
Junior Lawyer - Personal Injury Law
Category: Personal Injury Law | Location: Parramatta & Western Suburbs Sydney NSW
· Highly specialized practice · Challenging role with great opportunities
View details
National fit uncertain for e-conveyance Vic

National fit uncertain for e-conveyance Vic

PLANS TO use the Victorian e-conveyancing project as the basis for a national system are in doubt following an independent review.Simon Libbis, executive director of the National Electronic…

PLANS TO use the Victorian e-conveyancing project as the basis for a national system are in doubt following an independent review.

Simon Libbis, executive director of the National Electronic Conveyancing Office, said an Alignment Review commissioned by the National Electronic Conveyancing System (NECS) Steering Committee found only parts of the system developed by the Victorian Government could be used for property transfers across the country.

“The conclusion was we can use this software, but not a huge amount of it,” but those parts that could be used by NECS “we would look at buying” from the Victorian Government, he said.

The review found the electronic lodgement process, which is now being trialled in the first pilot of the Victorian system, had not been designed for multiple jurisdictions, and therefore would have to be re-engineered to take into account variations for property transactions across borders.

“The [Victorian electronic conveyancing system] has been designed and built specifically to meet the requirements of parties dealing in land transactions in Victoria,” the report stated.

“Whilst it is acknowledged that attempts have been made to architect the ECV to accommodate additional jurisdictions the review team is of the opinion that the underlying architecture, particularly the software design of the system, is inadequate to satisfactorily meet the requirements of the NECS.”

It says re-engineering this part of the Victorian system to meet national requirements would be uneconomical and NECS should build the lodgement component from scratch.

However, the report found the financial settlement processes of Victoria’s model could be readily adapted for re-use nationally, as they are not subject to differing rules across the states and territories and are at an early stage of development.

“The detailed functional and non-functional specifications with respect to settlement can be substantially re-used and extended to meet the NECS requirements,” it said. “This is possible due to the non-jurisdictional specific nature of these requirements,” particularly the fact that financial institutions operate on a national basis.

The review recommends NECS focus its efforts on defining and specifying its requirements for the settlement functionality, and works closely with Victoria on how its system can accommodate the NECS requirements.

“Where differences between the NECS requirements and ECV remain, ECV shall have visibility of the differences and may choose to adapt the ECV to accommodate the NECS requirement,” it said.

Libbis said when the report was made in December, there had been “concern from Victoria whether the Alignment Review was correct. They felt that their system could be adapted for the national system”.

As a result, representatives from all states and territories involved in developing NECS will meet for two days in early February to go through the review and “test the validity of our findings”, he said.

Following a review of submissions on its draft of the legal framework that will govern how users such as lawyers and conveyancers will access the new system, the Victorian Land Exchange plans to go ahead with stage two of the project, which will include financial settlement, in the second half of this year.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

National fit uncertain for e-conveyance Vic
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Animal law moots, advocacy, Melbourne University, Australia and New Zealand Intervarsity Moot on Animal Law
Sep 25 2017
Moot unleashes animal advocacy
Melbourne has played host to one of the largest animal law moots, with student participants put th...
Scales
Sep 25 2017
Transgender teens should not need legal approval for hormone treatment, court hears
A transgender 17-year-old known as Kelvin has appealed in the Family Court against the requirement o...
Appointed, Victorian Legal Services Commissioner
Sep 25 2017
NFP CEO appointed Victorian Legal Services Commissioner
The CEO of a Victorian not-for profit pro bono legal services provider has been named as the state...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...