National Electronic Conveyancing System

The National Electronic Conveyancing System (NECS) project aims to deliver a truly national e-conveyancing system with a single point of entry, operating in each jurisdiction, using each jurisdiction's business rules. The Law Council has consistently supported the development of a National Electronic Conveyancing System for Australia.

Since 2005, the Law Council has been represented on the project's oversight body, the National Steering Committee (NSC), by John Corcoran and John McIntyre.

In March 2008 the Council of Australian Governments' (COAG) identified electronic conveyancing as one of its target regulatory reform areas and established a Working Group to oversee the formation of a new NECS entity to replace the NSC. However, the work of the NSC was to continue until the new entity was established.

The Law Council welcomed COAG's involvement in the hope that it would break the impasse created by ongoing disagreement over what national use should be made of the Victorian electronic conveyancing system.

In May 2008, the Law Council nominated experienced property lawyer, Mr Murray McCutcheon, to represent the legal profession on a National Project Team (NPT) approved by the NSC. The purpose of the NPT is to provide advice to the project on the detailed requirements of the system, including the business rules. It is expected that the NPT's work will also be handed over to the new NECS entity.

Mr McCutcheon obtains input from and provides feedback to:

• The Law Council's National E-Conveyancing Working Group;
  
• The Australian Property Law Group (a committee of the Law Council's Legal Practice Section);
  
• The E-Commerce Committee (a committee of the Law Council's Business Law Section) and 
• Liaison persons nominated by each State and Territory law society.

The NPT met in May, July, October and December 2008 and in February, March, May, June, July, August and October 2009.

In March 2009, COAG released a National Partnership Agreement relating to a number of business, competition and regulatory reform projects, which included NECS. Under the agreement, the new NECS entity only had to be established by September 2010. The Law Council expressed disappointment at this delay and has participated in discussions with a number of State Governments aimed at accelerating this process. These Governments recognise the Law Council as representing one of the key industry stakeholders in this project, with the other industry stakeholders being from the banking and conveyancing sectors.

The Law Council maintains its commitment to the project which will be of considerable benefit to the legal profession, clients and the economy as a whole through the achievement of efficiencies and reduced costs in the conveyancing process. NECS will also contribute to the development of a truly national legal profession as a legal practitioner in Rockhampton will be able to conduct a conveyance in Kalgoorlie.

Further Information

The National Electronic Conveyancing Office has a comprehensive website about NECS.

Important Documents

•  Electronic Settlement, Electronic Lodgement and Automatic registration of Real Property Dealings in New South Wales - July 2004
  Submission to the Department of Lands (NSW)
•  Policy Paper on Electronic Conveyancing Fundamental Design Principles - May 2005
  Response to the Australian Registrars eConveyancing Steering Committee
•  Proposal to Introduce a National Electronic Conveyancing System: Preliminary Comments - July 2006
•  Torrens Today: e-conveyancing and the possible harmonisation of Australian property law - June 2008
  Speech given by John Corcoran, President Elect, Law Council of Australia at the 150th Anniversary of Torrens Title Symposium, Adelaide