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New Qld e-conveyancing mandate welcomed
The Sunshine State has become the last major jurisdiction in the country to mandate a digital transition for property transactions, which one provider says is good news for everyone involved in the buying and selling process.
Jerome Doraisamy
The e-conveyancing mandate commenced in Queensland earlier this week (20 February), requiring that some titles instruments, known as “required instruments”, must be lodged using e-conveyancing unless a valid exemption applies.
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The mandate, introduced by the Land Title Regulation 2022, applies to all industry professionals and corporate entities that are lodging a required instrument dealing with freehold land, according to Titles Queensland.
From this month, unless exempt, documents relating to a transfer, mortgage, caveat, and priority notice, as well as applications to represent a deceased property owner, will be completed and submitted digitally and will be lodged through a secure electronic lodgement network (ELN).
The Sunshine State is the last of the major Australian states to mandate a digital transition for property transactions, but it is now in line with Victoria, South Australia, Western Australia, and NSW.
Speaking about the newly introduced mandate, InfoTrack head of property in Australia Lee Bailie said that it is good news for those who are involved in the buying and selling process.
“Prior to electronic conveyancing, buyers and sellers were expected to travel to a law firm to sign the necessary paperwork in person, or post them by mail. That takes time and requires documents to be manually uploaded, which leaves room for error and is slower than using a digital system,” he submitted.
“Adopting a digital approach to conveyancing is much more efficient. It’s a positive step forward in reducing the number of sales held up because documents weren’t lodged in time or were lost.
“There’s also more transparency with notifications throughout the process keeping everyone updated, and there’s greater security with receipts for all digital transactions issued immediately.”
He noted that e-conveyancing was first adopted in Queensland in 2013, but these new laws will see legal practices and real estate agents still using manual processes adopt digital.
“Many law firms have embraced digital transactions over the past 10 years, but the benefits were particularly apparent during COVID when fewer face-to-face interactions were possible,” he explained.
“We welcome the new mandate, and the convenience, security, and efficiency it will bring to property transactions throughout Queensland.”
