Real Property Law


  • In Australia, interests in land are regulated by statutes in each State and Territory that establish a registry of land title based on the Torrens system, supplemented by common law principles. Nowadays, transfers of land occur electronically through a process known as "e-conveyancing".


  • Under the Electronic Conveancing National Law, all conveyancing transactions in NSW must be undertaken through an online settlement platform (e-conveyancing) operated by an Electronic Lodgement Network Operator, such as PEXA. Key features of the platform include:
    • Funds of purchasers can be transferred into the selected account of the vendor quickly and with ease and facilitates the timely transfer of the property.
    • Removal of need for deeds, bank cheques and other administrative requirements, which improves the efficiency of practices for the purchaser.
    • Lawyers can now sign transfers on behalf of clients.

Conveyancing Act 1919 (NSW)

Real Property Act 1900 (NSW)

  • Part 6 of the Real Property Act 1900 (NSW) establishes the Torrens register of interests in land: Perpetual Trustee v Westfield [2007] HCA 45.
  • Part 7 of the Act regulates transfers and dealings with interests in land, such that indefeasible title is acquired upon registration (Frazer v Walker (1967) 1 AC 569), subject to certain exceptions such as fraud (Grgic v ANZ Banking Group Ltd (1994) 33 NSWLR 202).
  • Equivalent systems exist in other Australian jurisdictions - e.g. Transfer of Land Act 1958 (Vic) Parts III and IV.

Electronic Conveyancing National Law

  • Under legal profession rules, such as the Legal Profession Uniform Law , which applies in NSW and Victoria, lawyers must adhere to strict obligations regarding the receipt and handling of trust money, even though the money is dealth with electronically.

Regulatory & Policy Framework

Relevant Organisations

Inquiries & Consultations

Industry Materials

This site is powered by FoswikiCopyright © by the contributing authors. All material on this collaboration platform is the property of the contributing authors.
Ideas, requests, problems regarding AustLII Communities? Send feedback
This website is using cookies. More info. That's Fine