eConveyancing Available Instruments, Exclusions & Exemptions

Available Instrument Exclusions & Exemptions

Click on the instrument to view the exclusions and exemptions.

Form 1 – Transfer

Mandated Instrument

Form 7 – Lease

National Mortgage Form - An instrument of mortgage

Mandated Instrument

Form 11 – A caveat for a lot

Mandated Instrument

Form 3 - An instrument releasing a mortgage of a lot

Mandated Instrument

Priority Notice - A priority notice for a lot (PNN)

Mandated Instrument

Form 4 - Request to Record Death

Priority Notice Extension - A request to extend a priority notice over a lot (PNE)

Mandated Instrument

Form 5 - Transmission by death - Grant in Queensland or Queensland Recognised Grant

Mandated Instrument

Priority Notice Withdrawal - A request to withdraw a priority notice over a lot (PNW)

Mandated Instrument

Form 14 Instruments

Form 14 – A request to withdraw a caveat lodged over a lot (not lapsed, fees apply)

Mandated Instrument

Form 14 – A request to record a determination of realignment (notice of decision not to proceed with realignment of a road) lodged over a lot

Form 14 – A request to remove a lapsed caveat lodged over a lot (no fees apply)

Form 14 – A request to remove a caveat lodged over a lot pursuant to a court order

Form 14 – A request to remove a statutory charge lodged over a lot (fees apply)

Form 14 – A request to cancel a writ lodged over a lot

Form 14 – A request to record notice pursuant to s.126(2)(A)&(B) of the Land Title Act 1994 (Caveatee’s Notice)

Inclusions and Exclusions

Form 1 – Transfer
Mandated Instrument

Inclusions
An instrument of transfer of a lot is able to be lodged using an ELN if no exclusions apply (refer to exclusions below or the functionality exclusions), and if it meets ALL of the following criteria:

  1. The lot being transferred is fee simple.
  2. The transfer will transfer all the lots on all the titles it is lodged over.
    (Transfers of one lot on a multi-lot title cannot currently be lodged using an ELN.
    Transfers of part of a lot also cannot currently be lodged using an ELN.)
  3. Where both the transferee and the transferor (as applicable) are any of the following:
    • Individuals (excluding minors and bankrupts)
    • Charitable body
    • Commonwealth government or body
    • Co-operative
    • Foreign company – unregistered
    • Incorporated association
    • Local government or body
    • Non-government statutory entity
    • Other legal entity
    • Registered Australian body or foreign company
    • Registered company (deregistered companies not permitted)
    • Registered company in external administration
    • Religious body
    • State of Queensland, only as transferee where no preceding agreement exists
    • Subdivisional body, only where the property is transferred to the named purchaser
    • Trade union
  4. Where the consideration is any of the following:
    • Monetary
    • Gift
    • Natural love and affection
    • Retirement and appointment of a trustee
    • Death and appointment of a trustee
    • Discharge and appointment of a trustee
    • Desire to change tenancy (one Joint Tenancy per Transfer permitted)
    • Agreement under Part VIIIAB of the Family Law Act 1975 (Cth)
    • Financial agreement under Part VIIIA of the Family Law Act 1975 (Cth)
    • Assumption of liability under mortgage
    • Pursuant to a clause in the trust deed
    • Pursuant to a Family Law Act 1975 (Cth) order
    • Pursuant to the rules of intestacy (transferor must be a personal representative)
    • Pursuant to the terms of a will (transferor must be a personal representative)

Exclusions
An instrument of transfer of a lot is an instrument that will not be able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. Where the capacity of the transferor is other than trustee or personal representative, e.g. responsible entity or statutory trustee for sale (transfers where the capacity of the transferor is other than trustee or personal representative currently cannot be lodged using an ELN).
  3. Where the transferee has a capacity other than as trustee (all other capacities are excluded).
  4. Transfer by third party, e.g. mortgagee exercising power of sale.
  5. Transfer of an interest, e.g. lease or mortgage.
  6. Transfer of part of the land.
  7. Transfer by direction, e.g. transfer with intermediate purchaser.
  8. Transfer of other title types, e.g. water allocations or state leasehold.
  9. Transfers creating life estates.
  10. Transfers where supporting evidence is required to be deposited other than the following:
    • Transfers to trustees where the supporting evidence is evidence of a charitable trust.
    • Transfers to trustees where the supporting evidence is evidence of ministerial consent.
    • Transfer to local government not as trustee where the supporting evidence is a statutory declaration.
  11. Transfers where the transferee is a foreign person and multiple lots are being transferred.
  12. Transfers of a share of the property where the transferor remaining on title is changing their tenancy type or shareholding and is a non-foreign person residing outside Australia.
  13. Transfers of a share of the property where the transferor is a foreign person who will remain on the title and is changing their tenancy type or shareholding.
  14. If any party that is not an individual does not have a valid identifier (ACN, ABN or ARBN).
  15. One transfer over multiple titles where the tenancy and/or shares held by the registered owners differ across the titles, for example:
    • Title 1: Joint tenants and Title 2: Tenants in common 1/2 each; or
    • Title 1: Tenants in common 1/3 and 2/3, and Title 2: Tenants in common 1/2 each.
      (Please note, these transactions can be processed in two transactions in the one workspace.)
  16. Where a party to the transaction does not have either a given name or a family name, e.g. “El Greco” or “Madonna”.

National Mortgage Form – An instrument of mortgage
Mandated Instrument

Inclusions
An instrument of mortgage for a lot is able to be lodged using an ELN if no exclusions apply (refer to exclusions below or the general exclusions), and if it meets ALL of the following criteria:

  1. The mortgage will be lodged over a fee simple lot.
  2. All of the registered owners are mortgagors.
  3. The instrument will mortgage all lots on all titles it is lodged over.
    (Mortgages of one lot on a multi-lot title cannot currently be lodged using an ELN.)
  4. Where both the mortgagor and the mortgagee (as applicable) are any of the following:
    • Individuals (excluding minors and bankrupts)
    • Charitable body
    • Commonwealth government or body
    • Co-operative
    • Foreign company – unregistered
    • Incorporated association
    • Local government or body (excluding as mortgagor)
    • Non-government statutory entity
    • Other legal entity
    • Registered Australian body or foreign company
    • Registered company (deregistered companies not permitted)
    • Registered company in external administration
    • Religious body
    • State/Territory government or body
    • Trade union

Exclusions
The National Mortgage Form (NMF) is an instrument that will not be able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. Where the mortgagee has a capacity other than trustee or (all other capacities excluded).
  3. Where the mortgagor has a capacity other than trustee or personal representative (all other capacities excluded).
  4. Mortgages of an interest e.g. lease.

Form 3 – An instrument releasing a mortgage of a lot
Mandated Instrument

Inclusions
A Form 3 is an instrument that is able to be lodged using an ELN if no exclusions apply (refer to exclusions below or the general exclusions), and if it meets ALL of the following criteria:

  1. The release of mortgage will be lodged over a Fee Simple lot;
  2. Where the instrument will release a mortgage from all lots on all titles that the mortgage is registered over;
  3. Where the instrument of release releases the mortgage for all of the registered mortgagors for that mortgage.

Exclusions
A Form 3 is an instrument that will not be able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. Release of Mortgages of an interest e.g. lease.
  3. Release of Mortgages where supporting evidence is required to be deposited

Form 4 – Request to Record Death

Inclusions
A Form 4 – Request to Record Death will be able to be lodged using an ELN if it meets ALL of the following criteria:

  1. The request will be lodged over a fee simple lot;
  2. The request applies to the whole of the land;
  3. The request applies to all lots on all titles it will be lodged over;
  4. The request applies to titles held as Joint tenants;
  5. The request is to record single or multiple deceased persons; and
  6. The request is a standalone document in the one lodgement.

Exclusions
A Form 4 – Request to Record Death is not able to be lodged using an ELN if it meets ANY of the following criteria:

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. The Registered owner on title has a capacity (e.g. Trustee / Personal Representative);
  3. If there are multiple applicants;
  4. If the request applies to a part share of title (i.e. to joint tenants inter-se);
  5. Where additional dealings are part of the same lodgement; or
  6. Where the request relates to registered interests (e.g. a Mortgage or a Lease)

Form 5 – Transmission by death – Grant in Queensland or Queensland Recognised Grant
Mandated Instrument

Inclusions

A Form 5 – Transmission Application (Grant in Queensland or Queensland Recognised Grant) will be able to be lodged using an ELN if it meets ALL of the following criteria:

  1. The transmission application will be lodged over a fee simple lot.
  2. The transmission application will transmit all lots on all titles it will be lodged over.
  3. A grant of representation in Queensland or a Queensland Recognised Grant has been obtained.

Exclusions
A Form 5 – Transmission Application (Grant in Queensland or Queensland Recognised Grant) is not able to be lodged using an ELN if it meets ANY of the following criteria:

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. Where the date of death is prior to 1 January 1982.
  3. Where a personal representative to be recorded has the same name as the deceased.

Form 7 – Lease

Inclusions
A Form 7 is an instrument that is able to be lodged using an ELN if no exclusions apply (refer to exclusions below or the general exclusions), and if it meets ALL of the following criteria:

  1. The lease will be lodged over a Fee Simple lot;
  2. All of the registered owners are lessors
  3. Where both the lessor and the lessee (as applicable) are any of the following:
    • Individuals (excluding minors and bankrupts)
    • Charitable body
    • Commonwealth government or body
    • Co-operative
    • Foreign company – unregistered
    • Incorporated Association
    • Local government or body (excluding as mortgagor)
    • Non-government statutory entity
    • Other legal entity
    • Registered Australian body or foreign company
    • Registered company (deregistered companies not permitted)
    • Registered company in external administration
    • Religious body
    • State/Territory government or body
    • Trade Union
  4. A plan referred to, for Part of the Land area description, is a previously registered plan (RP) or previously registered survey plan (SP).
  5. Where a Lease requires a Form 25, with the Form 25 submitted separately to Titles Queensland

Exclusions
The Form 7 is an instrument that will not be able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Where the lessee has a capacity other than trustee (all other capacities excluded)
  2. Where the lessor has a capacity other than trustee or personal representative (all other capacities excluded)
  3. Lease by third party e.g. mortgagee in possession
  4. Leases of an interest e.g. lease
  5. A plan referred to, for Part of the Land area description, is not a previously registered plan (RP or previously registered survey plan (SP) e.g. GTP/CP
  6. Where multiple Previous Lease Statements will apply to the leased area(s) and/or titles
  7. Leases with attachments other than the following:
    • Leases to trustees where the supporting evidence is evidence of a charitable trust
    • Leases to trustees where the supporting evidence is evidence of ministerial consent
    • Leases requiring planning body approval
    • Leases requiring the consent of the mortgagee
    • Sketch plan
    • Terms and conditions

Form 11 – A caveat for a lot
Mandated Instrument

Inclusions

The Form 11 is an instrument which will be able to be lodged using an ELN if it meets ALL the following criteria:

  1. The caveat will be lodged over a fee simple lot; and
  2. The caveat will be lodged over all lots on the titles it will be lodged over; and
  3. The interest being claimed, and grounds of claim (claim statement) are contained in the following table:

Claim category 

Interest being claimed

Claim statement (grounds of claim) and details supporting claim as necessary 

Mortgage

An equitable interest as mortgagee of an estate in fee simple

The Caveator claims an interest as mortgagee pursuant to a clause in an agreement between the registered owner and the Caveator charging the property to secure to the Caveator the money therein stated. The clause number and agreement date are:

The Caveator claims an interest as mortgagee pursuant to an unregistered mortgage in registrable form, to secure the money therein stated, executed by the registered owner on

Purchase

An equitable interest as purchaser of an estate in fee simple

Pursuant to a contract/agreement between the registered owner as vendor and the Caveator as purchaser, dated

Charge

(All registered owners)

An equitable interest as chargee of an estate in fee simple

Pursuant to a clause in an agreement between the registered owner and the Caveator, whereby the registered owner agreed to charge all their interest in the land with payment of monies owing to the Caveator. The clause number and agreement date are:

Pursuant to an agreement between the registered owner and the Caveator, whereby the registered owner agreed to charge all their interest in the land with payment of monies owing to the Caveator, dated

Pursuant to a clause of that part of a written account application entitled ‘Deed of Guarantee and Indemnity’ between the registered owner and the Caveator by which the registered owner charged their interest in the land with payment of monies owning to the Caveator. The clause number and application date are:

Charge

(Not all registered owners)

An equitable interest as chargee of an estate in fee simple in the interest of <>

Pursuant to a clause in an agreement between the registered owner identified in the ‘Interest being claimed’ and the Caveator whereby the registered owner agreed to charge all their interest in the land with payment of monies owing to the Caveator. The clause number and agreement date are:

Pursuant to an agreement between the registered owner identified in the ‘Interest being claimed’ and the Caveator, whereby the registered owner agreed to charge all their interest in the land with payment of monies owing to the Caveator dated

Pursuant to a clause of that part of a written account application entitled ‘Deed of Guarantee and Indemnity’ between the registered owner identified in the ‘Interest being claimed’ and the Caveator by which the registered owner charged their interest in the land with payment of monies owning to the Caveator. The clause number and application date are:

Constructive Trust

An equitable interest in the fee simple estate

Pursuant to a constructive and/or implied or resulting trust arising upon the financial and nonfinancial contributions of the Caveator to the acquisition, conservation and/or improvement of the property.

Constructive Trust (Not all registered owners)

An equitable interest in the fee simple estate in the interest of <>

Pursuant to a constructive and/or implied or resulting trust arising upon the financial and nonfinancial contributions of the Caveator to the acquisition, conservation and/or improvement of the property of the registered owner identified in the ‘Interest being claimed’.

 

Exclusions:

The Form 11 is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. It is one of the types of caveats not required or unable to be lodged using an ELN, which include, but are not limited to:
    • Registered owners’ caveats
    • Caveats including registered owners’ consents
    • Caveats requiring supporting evidence, e.g. restraining order caveats
    • Caveats lodged pursuant to section 93 of the Property Law Act 2023 (Qld)
  3. If the caveat is to specify that it does not apply to certain instruments (i.e. it allows certain instruments to be registered), those instruments cannot have a receiving party (e.g. transferee, mortgagee) with a capacity, such as acting as trustee.
  4. Where the caveator is acting other than in their own capacity, e.g. as trustee.

Priority Notice – A priority notice for a lot (PNN)
Mandated Instrument

Inclusions
The PNN – priority notice over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

  1. The priority notice will be lodged over a Fee Simple lot including Fee Simple pursuant to the Southbank Corporation Act 1989.
  2. The priority notice will be lodged over all lots on the titles it will be lodged over.

Exclusions
The PNN – priority notice over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria:

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. No known exclusions.

Priority Notice Extension – A request to extend a priority notice over a lot (PNE)
Mandated Instrument

Inclusions
The PNE – request to extend a priority notice over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

  1. The request to extend a priority notice will be lodged over a fee simple lot including fee simple pursuant to the Southbank Corporation Act 1989.
  2. The request to extend a priority notice will be lodged over all lots on the titles it will be lodged over.
  3. The request will extend the priority notice over all titles where the priority notice is current.

Exclusions
The PNE – request to extend a priority notice over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria:

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. No known exclusions.

Priority Notice Withdrawal – A request to withdraw a priority notice over a lot (PNW)
Mandated Instrument

Inclusions
The PNW – request to withdraw a priority notice over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

  1. The request to withdraw a priority notice will be lodged over a fee simple lot including fee simple pursuant to the Southbank Corporation Act 1989.
  2. The request to withdraw a priority notice over will be lodged over all lots on the titles it will be lodged over.

Exclusions
The PNW – request to withdraw a priority notice over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria:

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. No known exclusions.

Form 14 – A request to withdraw a caveat lodged over a lot (not lapsed, fees apply)
Mandated Instrument

Inclusions
The Form 14 – request to withdraw a caveat lodged over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

  1. The request to withdraw the caveat will be lodged over a Fee simple Lot.
  2. The withdrawal will withdraw the caveat from all the lots on the titles it will be lodged over.
  3. The applicant is the caveator of the caveat being withdrawn.

Exclusions
The Form 14 – request to withdraw a caveat lodged over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. Withdrawals of caveats requiring supporting evidence.
  3. Where there are multiple caveators for the caveat being withdrawn and they are acting as trustees for different trusts.
  4. The caveat being withdrawn has lapsed.

Form 14 – A request to remove a lapsed caveat lodged over a lot (no fees apply)

Inclusions
The Form 14 – request to remove a lapsed caveat lodged over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

  1. The request to remove a lapsed caveat will be lodged over a Fee simple Lot.
  2. The removal will remove the caveat from all the lots on the titles it will be lodged over.
  3. The caveat must have lapsed.

Exclusions
The Form 14 – request to remove a lapsed caveat lodged over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title;
  2. Removal of lapsed caveats requiring supporting evidence.

Form 14 – A request to remove a caveat lodged over a lot pursuant to a court order

Inclusions
The Form 14 – request to remove a caveat lodged over a lot pursuant to a court order is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

  1. The request to remove a caveat will be lodged over a fee simple lot.
  2. The removal will remove the caveat from all the lots on the titles it will be lodged over.
  3. An attachment of ‘Court Order’ is supplied.

Exclusions
The Form 14 – request to remove caveat lodged over a lot pursuant to a court order is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title.
  2. Removal of caveats where supporting evidence other than ‘Court Order’ is required to be deposited.

Form 14 – A request to remove a statutory charge lodged over a lot (fees apply)

Inclusions
The Form 14 – request to remove a statutory charge lodged over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

  1. The request to remove a statutory charge will be lodged over a fee simple lot.
  2. The removal will remove the statutory charge from all the lots on the titles it will be lodged over.

Exclusions
The Form 14 – request to remove statutory charge lodged over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title.
  2. The removal of statutory charge is exempt from lodgement fees.
  3. Removal of statutory charges where supporting evidence other than a certificate issued by the relevant authority is required to be deposited.

Form 14 – A request to cancel a writ lodged over a lot

Inclusions
The Form 14 – request to cancel a writ lodged over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

  1. The request to cancel a writ will be lodged over a fee simple lot.
  2. The cancellation will cancel the writ from all the lots on the titles it will be lodged over.
  3. An attachment of certificate of search is supplied.

Exclusions
The Form 14 – request to cancel a writ lodged over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title.
  2. Cancellations of writ where supporting evidence other than a certificate of search is required to be deposited.

Form 14 – A request to record a determination of realignment (notice of decision not to proceed with realignment of a road) lodged over a lot

Inclusions
The Form 14 – request to record a determination of realignment lodged over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

  1. The request to record a determination of realignment will be lodged over a fee simple lot.
  2. The determination of realignment will remove the notice of realignment from all the lots on the titles it will be lodged over.
  3. An attachment of determination notice is supplied.

Exclusions
The Form 14 – request to record a determination of realignment lodged over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title.
  2. Where the determination of realignment requires supporting evidence other than a determination notice to be deposited.

Form 14 – A request to record notice pursuant to s.126(2)(A)&(B) of the Land Title Act 1994 (Caveatee’s Notice)

Inclusions
The Form 14 – request to record notice pursuant to s.126(2)(A)&(B) of the Land Title Act 1994 is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

  1. The request to record notice pursuant to s.126(2)(A)&(B) of the Land Title Act 1994 will be lodged over a fee simple lot.
  2. An attachment of notice served is supplied.

Exclusions
The Form 14 – request to record notice pursuant to s.126(2)(A)&(B) of the Land Title Act 1994 is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

  1. Any part-title dealings e.g. part of a multi-lot title
  2. Where an attachment other than notice serviced is required to be deposited.