South Australia moves to align paper and electronic conveyancing
The South Australian Government has followed Victoria in moving to set standards that will align paper conveyancing with emerging electronic processes. The state's Registrar-General issued a consultation paper this week and has called for submissions.In December, Land Victoria issued a consultation paper, setting out proposed changes to conveyancing requirements and mortgage provisions in Victoria. The introduction of electronic conveyancing, through the PEXA exchange, has resulted in different practices and requirements for paper and electronic conveyancing. The state governments are aiming to align paper and electronic processes and move towards uniform national requirements.PEXA went live last June. So far, banks are able to complete new mortgages and discharges on the system. PEXA's second stage, which will bring solicitors and conveyancers into the system, is scheduled for this year.Like Land Victoria's proposals, the South Australian consultation paper covers verification of identity, mortgage provisions, certificates of title, authorisation and consent requirements, and priority notices.Priority notices are intended to be used as an additional tool by which parties to conveyancing can protect their interests. A priority notice alerts all interested parties who search the Register of Titles that a lodgement is imminent. It provides protection by preventing the processing of other conveyancing transactions affecting the land in question. The introduction of client authorisation requirements for electronic conveyancing will be extended to paper conveyancing. These authorise a conveyancer or legal practitioner to act as a client's agent and sign transaction documents on their behalf.The rationale for extending client authorisation forms to paper-dealing is that a conveyancer or legal practitioner may not know, when initially taking instructions from a client, whether a transaction will be completed on paper or electronically.The Registrar-General proposes to abolish duplicate certificates of title when other safeguards, such as verification of identity, client authorisation forms and priority notices are implemented.