Electronic Conveyancing in Australia: Challenges and Opportunities
Added on 2023-06-09
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Running head: LAND LAW
Land Law
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Land Law
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2
LAND LAW
The term conveyancing is defined to be as the legal process that helps in preparing the
mortgage, sales deed and some other kinds of legal documents that is created and transferred.
It also deals with the land interest which means that there is a right of ownership over the
land like on lease or on ownership as per the HM Land Registry 20031. Somehow, this kind
of system is creating tension and anxiety towards those people who are kind of involved in
this legal process and interdependence of owners, companies, property developers and many
more.
A comprehensive system like electronic conveyancing or also known as e-
conveyancing has been started off to save time, money and reducing the delay of work
provided. The work is going to be paperless, fraud resistant it is capable of simplifying
electronic conveyancing of the documents, communication between the different parties
through networking, title’s online investigation, registration and completion of the work and
many other things2. These things can be addressed by electronic conveyancing. It will also
get transparency and will help to do the work faster. This system is provides its customers
with various facilities and good quality services, transaction intermediaries and many others.
New tools have been initiated to modernise the procedures like method of payments,
suppliers of the IT system and several others. It can be also described that by introducing the
process of e-conveyancing, the structure of land conveyancing not only can be reshaped but it
will also help to work in a better manner that will help in providing the customers with
efficient and a good quality service3. Somehow, implementing e-conveyancing seems to be a
challenging job as it involves renewing of the existing Land Registration Rules and Acts.
There are several changes that needs to be done like legislative changes so that the practices
1 Boocock, James, and Susan Duffy. "Practice management: Is your firm ready for the e-
conveyancing reforms?." LSJ: Law Society of NSW Journal 10 (2015): 48.
2 Griggs, Lynden, Rouhshi Low, and Rod Thomas. "The changing face of conveyancing responsibility." Property
Law Review 5 (2015): 109-112.
3 Herbert-Lowe, Simone. "Risk: Is your practice ready for e-conveyancing?." LSJ: Law Society of NSW Journal 45
(2018): 81.
LAND LAW
The term conveyancing is defined to be as the legal process that helps in preparing the
mortgage, sales deed and some other kinds of legal documents that is created and transferred.
It also deals with the land interest which means that there is a right of ownership over the
land like on lease or on ownership as per the HM Land Registry 20031. Somehow, this kind
of system is creating tension and anxiety towards those people who are kind of involved in
this legal process and interdependence of owners, companies, property developers and many
more.
A comprehensive system like electronic conveyancing or also known as e-
conveyancing has been started off to save time, money and reducing the delay of work
provided. The work is going to be paperless, fraud resistant it is capable of simplifying
electronic conveyancing of the documents, communication between the different parties
through networking, title’s online investigation, registration and completion of the work and
many other things2. These things can be addressed by electronic conveyancing. It will also
get transparency and will help to do the work faster. This system is provides its customers
with various facilities and good quality services, transaction intermediaries and many others.
New tools have been initiated to modernise the procedures like method of payments,
suppliers of the IT system and several others. It can be also described that by introducing the
process of e-conveyancing, the structure of land conveyancing not only can be reshaped but it
will also help to work in a better manner that will help in providing the customers with
efficient and a good quality service3. Somehow, implementing e-conveyancing seems to be a
challenging job as it involves renewing of the existing Land Registration Rules and Acts.
There are several changes that needs to be done like legislative changes so that the practices
1 Boocock, James, and Susan Duffy. "Practice management: Is your firm ready for the e-
conveyancing reforms?." LSJ: Law Society of NSW Journal 10 (2015): 48.
2 Griggs, Lynden, Rouhshi Low, and Rod Thomas. "The changing face of conveyancing responsibility." Property
Law Review 5 (2015): 109-112.
3 Herbert-Lowe, Simone. "Risk: Is your practice ready for e-conveyancing?." LSJ: Law Society of NSW Journal 45
(2018): 81.
3
LAND LAW
of electronic documents, digital signature and several others must be legalised. There are
many countries in which e-conveyancing already exists. One such country is Australia.
People in Australia are making the most of it. The real estate agents and the conveyancers are
choosing this process to provide their clients with better services and using the internet to the
market. This process keeps the client updated and it also provides online access to the clients.
Electronic conveyancing has become a common place for all the real estate agents to deal
with their clients easily by using the latest technology to sale the properties, which also
includes auctions, sales by tender and many others. Through this process, many agents can
operate and keep updates about the large data of the property with themselves.
In the year 2001, it has been see that the implementation and development of the
National Electronic Conveyancing within Australia is dependent on the national approach.
An agreement has been formed between the industry and the government which states that
this is the time to efficiently improve the process that is linked with the real estate business
by applying National Electronic Conveyancing4. This step can only move forward when the
required changes will be made like the responsibilities and role of the technology. In order to
use the system of electronic conveyancing, the space that is between the systems of the Land
Registries’ and the system of the conveyancing industry must be filled that will result in
creation of the documents with the help of the technology that will be required to print and
later on will be signed by the respective parties and then will be send to the Land Registry for
registering the titles5. Some cities of Australia do have sufficient fund to carry out this
process of e-conveyancing.
4 Lancaster, Michele. "National: E-conveyancing removing the mystique." Brief 42.1 (2015): 28.
5 Law firm bytherules Conveyancing, Noosaville. "First electronic conveyance by the rules." Circulation 10
(2015).
LAND LAW
of electronic documents, digital signature and several others must be legalised. There are
many countries in which e-conveyancing already exists. One such country is Australia.
People in Australia are making the most of it. The real estate agents and the conveyancers are
choosing this process to provide their clients with better services and using the internet to the
market. This process keeps the client updated and it also provides online access to the clients.
Electronic conveyancing has become a common place for all the real estate agents to deal
with their clients easily by using the latest technology to sale the properties, which also
includes auctions, sales by tender and many others. Through this process, many agents can
operate and keep updates about the large data of the property with themselves.
In the year 2001, it has been see that the implementation and development of the
National Electronic Conveyancing within Australia is dependent on the national approach.
An agreement has been formed between the industry and the government which states that
this is the time to efficiently improve the process that is linked with the real estate business
by applying National Electronic Conveyancing4. This step can only move forward when the
required changes will be made like the responsibilities and role of the technology. In order to
use the system of electronic conveyancing, the space that is between the systems of the Land
Registries’ and the system of the conveyancing industry must be filled that will result in
creation of the documents with the help of the technology that will be required to print and
later on will be signed by the respective parties and then will be send to the Land Registry for
registering the titles5. Some cities of Australia do have sufficient fund to carry out this
process of e-conveyancing.
4 Lancaster, Michele. "National: E-conveyancing removing the mystique." Brief 42.1 (2015): 28.
5 Law firm bytherules Conveyancing, Noosaville. "First electronic conveyance by the rules." Circulation 10
(2015).
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