Authority update - NSW - Electronic Lodgment of Discharges of Mortgages & Mortgages

On 1 August 2017 Conveyancing Rule 8.4.2, requiring mandatory electronic lodgement of all transactions involving only Discharges of Mortgages and Mortgages by Authorised Deposit-Taking Institutions (ADIs), came into effect. 

Please note the follow exclusions 

Rule 8.4.2 does not apply if: 

  • the Folio of the Register for the land is not Electronically Tradeable; or 
  • an Electronic Lodgment Network (ELN) is not available and has not been available for one clear business day; or
  • the mortgage has annexed terms and conditions over 4,000 characters that are not included in a memorandum filed under section 80A Real Property Act 1900. 

Waivers

Section 12E(10) of the Real Property Act 1900, permits the Registrar General to waive compliance with all or any provisions of the Conveyancing Rules. 

The Registrar General has partially waived compliance with the provisions of Rule 8.4.2 in the following two circumstances: 

  • Transactions involving land securities located in jurisdictions where land registries are not enabled for electronic lodgment through an ELN (“Non ELN-enabled Jurisdictions”).
  • Transactions involving non-land securities (including, but not limited to, bank guarantees and water access licences) which cannot be traded electronically through an ELN. 

Any lodgment that is excluded or is seeking a waiver of Conveyancing Rule 8.4.2 must be accompanied with the 'Conveyancing Rules Exceptions' form indicating the exemption. 

Dealings requiring consent (other than a CoRD Holder Consent) 

Dealing(s) requiring a caveator's consent or other consent or documentation to accompany the dealing (such as the Minister's consent or the consent by the lodging party of a Priority Notice) may be lodged in paper. 

There is no requirement for the 'Conveyancing Rules Exceptions' form to be attached in this instance. 

Conveyancing Rules Exceptions form can be downloaded from http://www.lpi.nsw.gov.au/forms/general_forms

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.