- The number of electronic Certificates of Title (eCTs) is growing daily, consequently it is increasingly likely that practitioners will encounter an eCT in paper conveyancing transactions.
- There are currently more than 3000 folios of the Register with eCTs.
- When there is an eCT, no paper Certificate of Title is issued for the current edition of the folio.
Electronic conveyancing commenced in NSW on 8 October 2013. Currently, Discharges of Mortgage, Transfers, Mortgages, Caveats and Withdrawal of Caveats can be lodged electronically with LPI through Property Exchange Australia (PEXA). PEXA is an Electronic Lodgement Network (ELN) established pursuant to the Electronic Conveyancing National Law (NSW). It was formed to deliver a national electronic conveyancing platform for the Australian property industry.
Section 33AA of the Real Property Act 1900 allows classes of persons the right to request an eCT. Instead of issuing a paper CT, the party with control of the right to deal (CoRD) is recorded on the relevant folio of the Register.
Eligibility for eCTs is currently limited to APRA-regulated financial institutions which hold a registered first mortgage and are subscribers to PEXA, or are represented by a subscriber to PEXA.