Electronic Conveyancing Clause Samples
The Electronic Conveyancing clause establishes that property transactions and related documents may be executed, lodged, and processed electronically rather than through traditional paper-based methods. In practice, this means parties can use approved electronic platforms to sign contracts, transfer titles, and complete settlements, streamlining the conveyancing process. This clause primarily facilitates efficiency and convenience, reducing delays and administrative burdens associated with manual paperwork.
Electronic Conveyancing. Settlement and lodgement will be conducted electronically in accordance with the Electronic Conveyancing National Law and special condition 3 applies, if the box is marked “EC”
3.1 This special condition has priority over any other provision to the extent of any inconsistency. This special condition applies if the contract of sale specifies, or the parties subsequently agree in writing, that settlement and lodgement of the instruments necessary to record the purchaser as registered proprietor of the land will be conducted electronically in accordance with the Electronic Conveyancing National Law.
3.2 A party must immediately give written notice if that party reasonably believes that settlement and lodgement can no longer be conducted electronically. Special condition ceases to apply from when such a notice is given.
3.3 Each party must:
(a) be, or engage a representative who is, a subscriber for the purposes of the Electronic Conveyancing National Law,
(b) ensure that all other persons for whom that party is responsible and who are associated with this transaction are, or engage, a subscriber for the purposes of the Electronic Conveyancing National Law, and
(c) conduct the transaction in accordance with the Electronic Conveyancing National Law.
3.4 The vendor must open the Electronic Workspace (“workspace”) as soon as reasonably practicable. The workspace is an electronic address for the service of notices and for written communications for the purposes of any electronic transactions legislation.
3.5 The vendor must nominate a time of the day for locking of the workspace at least 7 days before the due date for settlement.
3.6 Settlement occurs when the workspace records that:
(a) the exchange of funds or value between financial institutions in accordance with the instructions of the parties has occurred; or
(b) if there is no exchange of funds or value, the documents necessary to enable the purchaser to become registered proprietor of the land have been accepted for electronic lodgement.
3.7 The parties must do everything reasonably necessary to effect settlement:
(a) electronically on the next business day, or
(b) at the option of either party, otherwise than electronically as soon as possible – if, after the locking of the workspace at the nominated settlement time, settlement in accordance with special condition 2.6 has not occurred by 4.00 pm, or 6.00 pm if the nominated time for settlement is after 4.00 pm.
3.8 Each party must do everything reasonably...
Electronic Conveyancing. Settlement and lodgment of the instruments necessary to record the purchaser as registered proprietor of the land will be conducted electronically in accordance with the Electronic Conveyancing National Law. The parties may subsequently agree in writing that this special condition 8 applies even if the box next to it is not ticked. This special condition 8 has priority over any other provision to the extent of any inconsistency.
Electronic Conveyancing. National Law means the Electronic Conveyancing National Law which applies in Victoria pursuant to the Electronic Conveyancing (Adoption of National Law) ▇▇▇ ▇▇▇▇ (Vic).
Electronic Conveyancing. (a) This clause 3.5 applies if:
(i) The Titles Office requires Settlement in relation to the Properties to be completed by an Electronic Settlement; or
(ii) The parties agree to an Electronic Settlement.
(b) If this clause 3.5 applies:
(i) it has priority over any other provision of this document to the extent of any inconsistency; and
(ii) without limiting subclause 3.5(c)(i), any provision of this document requiring the physical preparation, signing, delivery or payment of anything that is dealt with digitally or electronically within or using the Workspace is amended accordingly.
(c) Each of the Sellers and the Buyer must:
(i) be, or engage a representative who is, a Subscriber;
(ii) ensure that each other person for whom that party is responsible and who is associated with the transaction is, or engages, a Subscriber;
(iii) authorise their representative to act on their behalf in the manner required by the ECNL; and
(iv) conduct the transaction in accordance with the ECNL.
(d) The Buyer, the Sellers or their representative must:
(i) create a Workspace as soon as reasonably practicable;
(ii) invite the other party and that other party’s representative and all relevant mortgagees (if applicable) involved in the transaction to join the Workspace; and
(iii) set the time for Settlement as prior to 1.00pm on the Due Settlement Date.
(e) Settlement occurs in relation to each Property when the Workspace records that the exchange of funds or value (if any) between the Seller of that Property and the Buyer and (if applicable) the Seller’s mortgagee and ▇▇▇▇▇’s mortgagee has completed in accordance with the instructions of the parties and the definition of 'Settlement' is amended accordingly. King & Wood Mallesons 72330758_14 Asset Sale and Purchase Agreement 17 February 2025 73 (f) Each party must do everything reasonably necessary to:
(i) progress the transaction in the Workspace to Electronic Settlement on the Due Settlement Date at the time specified in the Workspace; and
(ii) assist the other party to trace and identify the recipient of any mistaken payment made under the Electronic Settlement and to recover the mistaken payment.
Electronic Conveyancing. Settlement and lodgement will be conducted electronically in accordance with the Electronic Conveyancing National Law and special condition 2 applies, if the box is marked “EC”
Electronic Conveyancing. 18.1 The vendor may at their sole discretion elect for settlement and lodgement to be conducted electronically, by notice in writing to the purchaser at any time prior to settlement. If the vendor elects for the settlement and lodgement to be conducted electronically in accordance with electronic conveyancing national law.
18.2 The purchaser shall not be permitted to communicate with the vendor or the vendor’s mortgagee through the electronic conveyancing workspace (the “workspace”) and the vendor does not accept service of any correspondence through the workspace.
18.3 Settlement of this contract shall occur when the workspace records that the exchange of the balance of funds due under this contract have been paid in accordance with the instructions of the vendor’s representative has occurred and/or the documents necessary to enable the purchaser to become the registered proprietor of the Land have been accepted for electronic lodgement.
18.4 It is further agreed that in the event that an error occurs, all parties must do everything reasonably necessary to assist the other party to trace and identify the recipient of any mistaken payment and to recover the mistaken payment and the vendor shall retain an equitable interest in the Land hereby sold until all mistaken payments have been recovered including but not limited to any interest, penalties, costs and all other money due to the vendor has been paid in full.
Electronic Conveyancing. 42.1 In this special condition:
Electronic Conveyancing. (a) This clause 3.5 applies if: (i) The Titles Office requires Settlement in relation to the Properties to be completed by an Electronic Settlement; or (ii) The parties agree to an Electronic Settlement.
Electronic Conveyancing. (a) We are in no way obliged or required to carry out or perform the conveyance under this Contract or Settlement under any electronic conveyancing or similar system, unless required to do so by law.
(b) We may, in our absolute discretion, require the parties to use any electronic conveyancing or similar system to carry out or perform the conveyance of this Contract, or any part of it, or to carry out or perform Settlement.
(c) If we elect to exercise any Right under clause 15.5(b), then you must carry out or perform the conveyance under this contract or Settlement in the manner in which we have elected.
(d) You must not take any Buyer Enforcement Action because of any of the matters contained in this clause 15.5 or the exercise or non-exercise of Rights by us in accordance with this clause 15.5.
Electronic Conveyancing. (a) Each party must:
(i) be, or engage a representative who is, a Subscriber for the purposes of the
(ii) ensure that all other persons for whom that party is responsible and who are associated with this transaction are, or engage, a subscriber for the purposes of the Electronic Conveyancing National Law; and
(iii) conduct the transaction in accordance with the Electronic Conveyancing National Law.
(b) The Vendor must open the Electronic Workspace (workspace) as soon as reasonably practicable. The inclusion of a specific date for settlement in a workspace is not of itself a promise to settle on that date. The workspace is an electronic address for the service of notices and for written communications for the purposes of any electronic transactions legislation.
(c) The Vendor must nominate a time of the day for locking of the workspace at least 7 days before the due date for settlement.
(d) Settlement occurs when the workspace records that:
(i) the exchange of funds or value between financial institutions in accordance with the instructions of the parties has occurred; or
(ii) if there is no exchange of funds or value, the documents necessary to enable the purchaser to become registered proprietor of the land have been accepted for electronic lodgement.
(e) The parties must do everything reasonably necessary to effect settlement:
(i) electronically on the next business day; or
(ii) at the option of either party, otherwise than electronically as soon as possible, if, after the locking of the workspace at the nominated settlement time, settlement in accordance with special condition 25(d) has not occurred by 4.00pm, or 6.00pm if the nominated time for settlement is after 4.00pm.
(f) A party is not in default to the extent it is prevented from complying with an obligation because the other party or the other party's authorised deposit–taking institution has not done something in the electronic workspace.
(g) If settlement fails and cannot occur by 6.00pm on the Due Date because a computer system operated by Land Use Victoria, State Revenue Office, Reserve Bank, an authorised deposit–taking institution or the Electronic Lodgement Network Operator is inoperative, neither party is in default and the Due Date is deemed to be the next Business Day. Time remains of the essence.
(h) Each party must do everything reasonably necessary to assist the other party to trace and identify the recipient of any mistaken payment and to recover the mistaken payment.
(i) The Vendo...