eConveyancing

Electronic conveyancing (or eConveyancing) allows instruments and documents needed for property transactions to be digitally prepared, signed, settled and lodged.

There are currently two approved electronic lodgement network operators (ELNOs) that offer eConveyancing subscription services to financial institutions and legal practitioners:

For further information on how to subscribe, please contact the ELNOs direct. Transactions currently available are listed below, however, not all transactions are available through all ELNOs.

Benefits of eConveyancing

eConveyancing offers substantial benefits and efficiencies and will replace many of the paper and manual processes that are currently used in traditional property transactions.

Some of the benefits include:

  • Confirmation of lodgement and registration – you will receive immediate confirmation of your lodgement and be notified once the transaction is complete.
  • Financial settlement – can settle transactions in a secure environment and pay fees and disbursements.
  • Requisitions – checks and verifications built into the eConveyancing system should significantly reduce the number of requisitions.
  • Number of settlements – you can settle multiple transactions at the same time.

Operating requirements and participation rules

Under the Electronic Conveyancing National Law (Queensland), the Registrar of Titles can determine the requirements for electronic lodgement networks and their operators (operating requirements), and set rules for participation in the networks by subscribers such as legal practitioners and financial institutions (participation rules). In some circumstances, the Registrar can waive compliance with these requirements.

Refer to the following for more information:

 

General Exclusions

Below is a list of general exclusions to eConveyancing.

The registered owner has the recorded capacity of ‘minor’;
The registered owner has a name suffix;
The title is for part of the lot (including timeshares and partially cancelled titles);
Attachments not permitted unless specifically permitted in the Land Title Practice Manual;
Where a party to an instrument is a deregistered company, bankrupt or has an organisation as part of a joint tenancy;
Where a registered owner with capacity, has a capacity other than personal representative or trustee.

 

Available transactions

The following transactions can be lodged using eConveyancing in Queensland by one or more of the current ELNOs. Please check with each ELNO as to which transactions can be lodged through their networks.

Included

Fee simple;
Whole of the land;
All lots on title;
Where both the transferee and the transferor (as applicable) are any of the following:

  • individuals;
  • corporations;
  • trustees;
  • personal representatives;
  • State of Queensland;
  • Commonwealth of Australia;
  • Local Governments;
  • charitable bodies; or
  • other organisations.

Where the consideration is any of the following:

  • monetary;
  • gift;
  • natural love and affection;
  • retirement or appointment of a trustee;
  • death and appointment of a trustee;
  • discharge and appointment of a trustee;
  • desire to change tenancy;
  • Severance of joint tenancy pursuant to s59 of Land Title Act 1994;
  • agreement under the part VIIIAB Family Law Act 1975 (cth);
  • financial agreement under the 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 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).

 

Excluded

Other transfers not listed e.g. transfer by third party (including mortgagee sales and local government sales);
Transfers creating life estates;
Personal representative must not be transferee;
Statutory/Trustees for Sale must not be transferee;
Where an attachment is required except for:

  • Evidence of Charitable Trust (Transfer to Trustee)
  • Evidence of Ministerial Consent (Transfer to Trustee)
  • Statutory declaration (Transfer to local government not as trustee). 

Included

Fee Simple;
Whole of land;
All lots on title;
All of the registered owners;
Terms and conditions must either be 4000 characters or less or included as an attachment;
Where both the mortgagor and the mortgagee (as applicable) are any of the following:

  • individuals;
  • corporations;
  • trustees;
  • personal representatives;
  • State of Queensland;
  • Commonwealth of Australia;
  • Local Governments (excluding as mortgagor);
  • charitable bodies; or
  • other organisations.

Excluded

No attachments except for terms and conditions;
Statutory/Trustees for sale and responsible entities must not be a mortgagee.

Included

Fee Simple;
Whole of land;
All lots on title;
All of the mortgagors.

Included

Fee Simple;
Water Allocation;
Fee Simple pursuant to the Southbank Corporation Act 1989;
All lots on title.

Included

Fee Simple;
Water Allocation;
Fee Simple pursuant to the Southbank Corporation Act 1989;
All lots on title;
All current titles where the priority notice is current.

Included

Fee Simple;
Water Allocation;
Fee Simple pursuant to the Southbank Corporation Act 1989;
All lots on title;
All current titles where the priority notice is current.

Included

Fee simple;
Whole of the land;
All lots on title;
Deceased sole registered owner;
Where a grant of representation in Queensland or a Queensland recognised grant has been obtained.

Included

Fee Simple;
Whole of land;
All lots on title.

Included

Fee Simple;
Whole of land;
All lots on title;
Interest claimed and grounds is one of those described below in Table 1.

Excluded

Caveator must not be trustee, personal representative, Statutory/Trustee for sale or responsible entity;
Caveator must not be a registered owner.

 

Table 1: Caveat interest claimed and grounds of claim

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 <<selected registered owner>>
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.