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The mandatory electronic lodgement dealings in Victoria from 1 October 2018

As part of the move towards 100% electronic lodgement of land instruments in Victoria, version 5 of the Registrar’s Requirements for Paper Conveyancing Transactions requires that from 1 October 2018, the following instruments, whether lodged by themselves or in combination with any other instruments in the following list, must be lodged electronically:

  • transfers;
  • mortgages;
  • discharges of mortgage;
  • caveats;
  • withdrawals of caveat;
  • applications by legal personal representatives; and,
  • applications by a surviving proprietor.

 

Paper instruments for the above dealings will no longer be accepted by Land Use Victoria after 1 October 2018.

However, the following exceptions will continue to apply:

  • where an existing paper instrument has been signed prior to 1 October 2018;
  • if in a combination of instruments, a party is not represented by a conveyancer or lawyer;
  • if a folio of the Register cannot be dealt with in an electronic lodgement network;
  • if an instrument affects more than 20 titles;
  • if a transfer is of a type which is not currently available electronically, such as:
    • transfers creating an easement;
    • transfers of an interest (eg. a lease);
    • transfers of part of land in a folio;
    • transfers of a tenant in comment’s share; and
    • transfers that cannot be assessed for duty using the Victorian State Revenue Office’s Duties Online system (eg. where an exemption is to be applied for); or
  • if a survivorship or transmission application is not available electronically, such as a survivorship application by an interest holder.

 

It is intended that all Victorian land instruments will be lodged electronically from 1 August 2019.

For more information, see: Registrar’s Requirements for Paper Conveyancing Transactions. (Version 5)