eConveyancing

Inclusions

An instrument of transfer of a lot is able to be lodged using an ELN if no exclusions apply (refer to exclusions below or the functionality exclusions), and if it meets ALL of the following criteria:

1. The Lot being transferred is Fee Simple;

2. The Transfer will transfer all the lots on all the titles it will be lodged over. (Transfers of one lot on a multi-lot title cannot currently be lodged using an ELN. In addition, Transfer of part of a lot also cannot currently be lodged using an ELN);

3. Where both the transferee and the transferor (as applicable) are any of the following:

• Individuals (excluding minors and bankrupts);
• Charitable body
• Commonwealth government or body
• Co-operative
• Foreign company – unregistered;
• Incorporated Association;
• Local government or body;
• Non-government statutory entity;
• Other legal entity;
• Registered Australian body or foreign company;
• Registered company (deregistered companies not permitted);
• Registered company in external administration;
• Religious body;
• State of Queensland, only as transferee where no preceding agreement exists;
• Subdivisional body, only where the property is transferred to the named purchaser; and
• Trade Union.

4. Where the consideration is any of the following:

• Monetary;
• Gift;
• natural love and affection;
• retirement and appointment of a trustee; 
• death and appointment of a trustee;
• discharge and appointment of a trustee;
• desire to change tenancy;
• 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 1975 (Cth) 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).

Exclusions

An instrument of transfer of a lot is an instrument that will not be able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

1. Where the capacity of the transferor is other than trustee or personal representative e.g. Responsible entity or statutory trustee for sale etc (Transfers where the capacity of the transferor is other than trustee or personal representative currently cannot be lodged using an ELN).

2. Where the transferee has a capacity other than as trustee (all other capacities are excluded);

3. Transfer by third party e.g. mortgagee exercising power of sale;

4. Transfer of an interest e.g. lease or mortgage;

5. Transfer of part of the land;

6. Transfer by direction e.g. transfer with intermediate purchaser;

7. Transfer of other title types e.g. water allocations, state leasehold etc;

8. Transfers creating life estates;

9. Transfers where supporting evidence is required to be deposited other than the following:

• Transfers to trustees where the supporting evidence is evidence of a charitable trust
• Transfers to trustees where the supporting evidence is evidence of ministerial consent
• Transfer to local government not as trustee where the supporting evidence is a statutory declaration;

10. Transfers where the transferee is a foreign person and multiple lots are being transferred;

11. Transfers of a share of the property, where the transferor who will be remaining on title is changing their tenancy type or changing their share holding and is a non-foreign person but resides outside Australia;

12. Transfers of a share of the property where the transferor is a foreign person who will be remaining on the title and changing their tenancy type or share holding;

13. If any party that is not an individual, does not have a valid identifier (ACN, ABN and ARBN).

14. Where the transferee is to be recorded as a joint tenant, and one of the parties to that joint tenancy is an organisation;

15. One transfer over multiple titles where the tenancy and / or shares held by the registered owners differ across the titles, for example:

Title 1: Joint tenants and Title 2: Tenants in Common 1/2 each; or
Title 1: Tenants in common with shares of 1/3 and 2/3 and Title 2: Tenants in common with shares of 1/2 each

16. Where a party to the transaction does not have either a given name or a family name, for example “El Greco” or “Madonna”.

(Please note, these transactions can be processed in two transactions in the one workspace)

Inclusions

An instrument of mortgage for a lot is able to be lodged using an ELN if no exclusions apply (refer to exclusions below or the general exclusions), and if it meets ALL of the following criteria:

1. The mortgage will be lodged over a Fee Simple lot;

2. All of the registered owners are mortgagors

3. Where the instrument will mortgage all lots on all titles it will be lodged over. (Mortgages of one lot on a title that contains multiple lots cannot currently be lodged using an ELN).

4. Where both the mortgagor and the mortgagee (as applicable) are any of the following:

• Individuals (excluding minors and bankrupts)
• Charitable body
• Commonwealth government or body
• Co-operative
• Foreign company – unregistered
• Incorporated Association
• Local government or body (excluding as mortgagor)
• Non-government statutory entity
• Other legal entity
• Registered Australian body or foreign company
• Registered company (deregistered companies not permitted)
• Registered company in external administration
• Religious body
• State/Territory government or body
• Trade Union

Exclusions

The National Mortgage Form (NFM) is an instrument that will not be able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

1. Where the mortgagee has a capacity other than trustee or (all other capacities excluded).

2. Where the mortgagor has a capacity other than trustee or personal representative (all other capacities excluded).

3. Mortgages of an interest e.g. lease.

4. Where the mortgagee is to be recorded as a joint tenant, and one of the parties to that joint tenancy is an organisation.

Inclusions

A Form 3 is an instrument that is able to be lodged using an ELN if no exclusions apply (refer to exclusions below or the general exclusions), and if it meets ALL of the following criteria:

1. The release of mortgage will be lodged over a Fee Simple lot;

2. Where the instrument will release a mortgage from all lots on all titles that the mortgage is registered over;

3. Where the instrument of release releases the mortgage for all of the registered mortgagors for that mortgage.

Exclusions

A Form 3 is an instrument that will not be able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

1. Release of Mortgages of an interest e.g. lease.

2. Release of Mortgages where supporting evidence is required to be deposited

Inclusions

The Form 11 is an instrument which will be able to be lodged using an ELN if it meets ALL the following criteria:

1. The caveat will be lodged over a fee simple lot; and

2. The caveat will be lodged over all lots on the titles it will be lodged over; and

3. The interest being claimed, and grounds of claim (claim statement) are contained in the following table:

Exclusions:

The Form 11 is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

1. It is one of the types of caveats not required or unable to be lodged using an ELN, which include, but are not limited to:

• Registered owners caveats;
• Caveats including registered owners consents;
• Caveats requiring supporting evidence e.g. restraining order caveats; and
• Caveats lodged pursuant to section 74 of the Property Law Act 1974 (Qld)

2. If any of the affected parties (e.g. Mortgagee on title) hold their interest as a capacity (for example as Trustee).

3. If the Caveat is to specify that it does not apply to certain instruments (it will allow certain instruments to be registered), those instruments cannot have a receiving party (e.g. transferee, mortgagee etc) with a capacity (for example as trustee).

4. Where the caveator is acting other than in their own capacity e.g. as trustee

Inclusions

The Form 14 – request to withdraw a caveat lodged over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

1. The request to withdraw the caveat will be lodged over a Fee simple Lot.

2. The withdrawal will withdraw the caveat from all the lots on the titles it will be lodged over.

Exclusions

The Form 14 – request to withdraw a caveat lodged over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria (list is not necessarily exhaustive):

1. Withdrawals of caveats requiring supporting evidence.

2. Where there are multiple caveators for the caveat being withdrawn and they are acting as trustees for different trusts.

Inclusions

The PNN – priority notice over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

1. The priority notice will be lodged over a Fee Simple lot including Fee Simple pursuant to the Southbank Corporation Act 1989.

2. The priority notice will be lodged over all lots on the titles it will be lodged over.

Exclusions

The PNN – priority notice over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria:

1. No known exclusions

Inclusions

The PNE – request to extend a priority notice over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

1. The request to extend a priority notice will be lodged over a fee simple lot including fee simple pursuant to the Southbank Corporation Act 1989.

2. The request to extend a priority notice will be lodged over all lots on the titles it will be lodged over.

3. The request will extend the priority notice over all titles where the priority notice is current.

Exclusions

The PNE – request to extend a priority notice over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria:

1. No known exclusions.

Inclusions

The PNW – request to withdraw a priority notice over a lot is an instrument which is able to be lodged using an ELN if it meets ALL the following criteria:

1. The request to withdraw a priority notice will be lodged over a fee simple lot including fee simple pursuant to the Southbank Corporation Act 1989.

2. The request to withdraw a priority notice over will be lodged over all lots on the titles it will be lodged over.

Exclusions

The PNW – request to withdraw a priority notice over a lot is an instrument that is not able to be lodged using an ELN if it meets ANY of the following criteria:

1. No known exclusions.

Inclusions

A Form 5 – Transmission Application (Grant in Queensland or Queensland Recognised Grant) will be able to be lodged using an ELN if it meets ALL of the following criteria:

1. The transmission application will be lodged over a fee simple lot.

2. The transmission application will transmit all lots on all titles it will be lodged over.

3. A grant of representation in Queensland or a Queensland Recognised Grant has been obtained.

Exclusions

A Form 5 – Transmission Application (Grant in Queensland or Queensland Recognised Grant) is not able to be lodged using an ELN if it meets ANY of the following criteria:

1. Where the date of death is prior to 1 January 1982.

2. Where the personal representative is to be recorded as a joint tenant, and one of the parties to that joint tenancy is an organisation.

3. Where a personal representative to be recorded has the same name as the deceased.

Inclusions

A Form 4 – Request to Record Death will be able to be lodged using an ELN if it meets ALL of the following criteria:

1. The request will be lodged over a fee simple lot;

2. The request applies to the whole of the land;

3. The request applies to all lots on all titles it will be lodged over;

4. The request applies to titles held as Joint tenants;

5. The request is to record single or multiple deceased persons; and

6. The request is a standalone document in the one lodgement.

Exclusions

A Form 4 – Request to Record Death is not able to be lodged using an ELN if it meets ANY of the following criteria:

1. The Registered owner on title has a capacity (e.g. Trustee / Personal Representative);

2. If there are multiple applicants;

3. If the request applies to a part share of title (i.e. to joint tenants inter-se);

4. Where additional dealings are part of the same lodgement; or

5. Where the request relates to registered interests (e.g. a Mortgage or a Lease)