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Property Law Noticeboard December 2021 – Conveyancing Manual NSW December Update

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Content updates

The Conveyancing Manual NSW has undergone an in-depth review and update. All chapters have been updated to take into account recent legislative changes to the legal framework for conveyancing transactions, with the most extensive developments occurring in the E-Conveyancing and Exchange chapters.

The Conveyancing Manual NSW has undergone an in-depth review and update. All chapters have been updated to take into account recent legislative changes to the legal framework for conveyancing transactions, with the most extensive developments occurring in:
Chapter 9 – E-Conveyancing: There have been many incremental developments culminating in the legal mandate for all land transactions (not just conveyancing transactions) to be performed electronically from 11 October 2021. All certificates of title (including its electronic equivalent) will be abolished and will have no legal effect. This chapter has wholly been re-written to reflect this significant development in conveyancing. Some headings have been relocated, consolidated and/or made more concise to help give readers a better and more intuitive overview of the subject matter. The topics in the e-conveyancing chapter relate to the overall legal structure of the e-conveyancing system, and to the steps that a practitioner must take in preparation for every land transaction (verifying identity, verifying authority and entering into a Client Authorisation). Specific legislative references have been rewritten to not just restate, but to paraphrase, the law (without losing its meaning), and to give commentary about the application of laws, where appropriate.
Chapter 4 – Exchange: New content has been added to introduce the steps in the electronic conveyancing process that cross-reference to the aforementioned e-conveyancing chapter (verifying identity, verifying authority, and entering into a Client Authorisation). This update also contains brand new related content in regard to creating the electronic workspace (how to create the workspace, obligations relating to same under the contract, sending / receiving invitations to join a workspace, and accepting or proposing a new time and date for settlement). 

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