Mandatory electronic lodgment applies for conveyancing in Queensland from 20 February 2023.

Section 4 of the Land Title Regulation 2022 requires legal practitioners and licensed conveyancers to draft and lodge the following required instruments via an Electronic Lodgment Network (ELN):

• transfer;
• mortgage;
• release of mortgage;
• caveat;
• request to withdraw a caveat;
• priority notice;
• request to extend a priority notice;
• request to withdraw a priority notice; and
• application to be registered as a personal representative for a deceased owner.

There are some exceptions to the electronic lodgment of these required instruments, including where:

• the ELN does not have the functionality to draft and lodge the instrument;
• a required instrument, such as a transfer or mortgage, for example, was executed in a hard copy form before 20 February 2023: s 6;
• the required instrument needs to be lodged with another instrument that cannot be lodged using an ELN; or
• a party to the instrument is a self-represented natural person who is not subscribed to an ELN.

Section 5(2) of the Land Title Regulation 2022 provides the full list of exemptions to electronic lodgment.

Electronic conveyancing is already the preferred method for the lodgment of title instruments by lawyers and licensed conveyancers, having been introduced in Queensland in 2013. The two Electronic Lodgment Network Operators (ELNOs), Property Exchange Australia Limited (PEXA), and Sympli Australia Pty Ltd (Sympli).

The By Lawyers Queensland Conveyancing publications have been updated to reflect this change. For more information see:

• E-Conveyancing – Required instruments in the Purchase of Real Estate (QLD), Sale of Real Estate (QLD), and Mortgage (QLD) guides;
• A brief explanation of the transition to E-conveyancing,  on the matter plan in all By Lawyers Conveyancing Guides, which includes information on how to get connected and the full timeline for implementation.