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Slow e-conveyancing

28 September 2006

Australia - an academic has forced a rethink of the legal framework supporting Victoria's E-conveyancing project. Many stakeholders are involved in the Australia's national e-conveyancing project. This has given rise to regulatory and practical considerations, and recently Pam Jones of the Monash University Law School highlighted the allocation of risk, especially in an untested online world where it is difficult to know who you are dealing with.

The main problem is that the Land Exchange - a body set up to allocate and monitor access to the e-conveyancing system - did not have the power to grant or refuse access to the electronic lodgement network, let alone require agents applying to use the system sign a contract before using it. She suggests either making regulations that govern the rights and obligations of the parties using the network directly, making regulations that require parties enter into contracts or amending the Transfer of Land Act so that agents sign a contract before using the network. Importantly, she says these options would ensure the plan was subject to parliamentary scrutiny.

Article on Lawyers weekly


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