With the recent removal of Certificates of Title (CT) in New South Wales, and a consultation period taking place in Victoria, it is a timely reminder to take note of where each State and Territory currently stands with CTs. Across Australia, the States and Territories have adopted three approaches, effectively creating three different levels of CT usage.
Level 1: Paper CT Issued: Tasmania
Tasmania currently does not have electronic conveyancing and as such, it is the only state which still completely uses paper titles. They are required at settlement and issued upon registration. The primary benefit of this level of CT usage is to assist in verifying the identity of the registered proprietor, which infers a right to deal by having ownership of the Title.
Level 2: CT Used: Victoria, Northern Territory and Western Australia
Victoria currently has both paper and electronic CTs. Most transactions are required to settle through an ELNO, and therefore, remaining paper CTs need to be converted to an electronic CT and the paper CT is then destroyed. Once the electronic CT is on Title, the register will indicate who is control of the CT. Victoria is currently seeking consultation on how it will proceed: either keep paper Titles, remove paper and electronic CT entirely, or remove paper and retain electronic CT.
In the Northern Territory and Western Australia, the registries (Land Title Office and Landgate respectively) hold all original CTs. Duplicates can be issued and are required for settlement. The Northern Territory does not have electronic conveyancing as such. The title is returned to the Land Title Office to be reissued (electronically or on paper with consent). Western Australia’s electronic settlements require the edition number and date of the paper CT entered for settlement to proceed and then is required to be destroyed.
Level 3: CT Removed: New South Wales, Australian Capital Territory, Queensland, and South Australia
As of 11 October 2021, New South Wales abolished paper CTs and the CoRD Consent (Control of Right to Deal). All CTs since that date do not have any legal effect and can be destroyed.
On 28 April 2020, the Australian Capital Territory introduced ACTLIS (Australian Capital Territory Land Information System) whereby the Land Title Office no longer issues paper CTs and all current paper CTs can be destroyed.
Queensland abolished CTs on 1 October 2019. Paper CTs no longer have any legal effect and can be used for historical memorabilia purposes.
As of 1 July 2016, South Australia no longer issues or requires CTs, instead conferring that information onto the Land Services SA Registry electronically. A search of the registry will provide the CT, representing the Registered Proprietor.
Each jurisdiction which has either moved the CT to the registry or removed it all together now relies upon the registry as the one source of truth for property ownership, realigning itself with the Torrens Title system of land registration.
As Australia continues to progress to a National Electronic Conveyancing System (NECS), we can expect to see further changes to non-electronic jurisdictions, to bring them into line with a national standard. For firms not operating on a digital system, but are open to the efficiency benefits that electronic conveyancing offers, SettleIT can help. SettleIT handles all the administrative processes involved in settlements and lodgements, allowing your firm to make the transition seamlessly or upscale in the amount, and type of conveyancing services your firm offers. Specifically, now as key elements of the conveyancing process are becomming electronic rapidly, such as CT’s, it is optimal timing to reach out to specialists in the industry for advice, guidance, and assistance.
