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Verification of Identity is not just for "conveyancing"

Verification of Identity is not just for "conveyancing"

By Julie Barkla
December 19, 2016

On 30 September 2015, the “Registrar’s requirements for paper conveyancing transactions” was published pursuant to section 106A of the Transfer of Land Act 1958 (Vic) (“Registrar’s Requirements”). These new requirements imposed “verification of identity” obligations on all legal practitioners acting in “conveyancing transactions”, which obligations took effect on 9 November 2015. Unfortunately what constituted a “conveyancing transaction” for the purposes of the Registrar’s Requirements was not well understood.

Most people understand the words “conveyancing transaction” to mean a transfer of real property from one person to another ie what many experience as the buying and selling of a house.

However, the Registrar’s Requirements impose much broader obligations on many more lawyers than simply those handling these traditional property sales and purchases. A verification of identity must be performed for any transaction involving any of the following intended outcomes:

  1. the creation, transfer, disposal of, mortgage, charge, lease or any other dealing with an estate or interest in land, or
  2. getting something registered, noted or recorded in the titles register, or
  3. to get the registration, note or record of something in the titles register changed, withdrawn or removed.

So where a person is signing, or is a party to, any document which is to be lodged at the Land Titles Office, they should expect that they will need to have their identity verified by their solicitor. This verification would ordinarily take place during a face to face interview with their solicitor, where their passport and driver’s licence are produced (where possible), or by the client attending an Australia Post outlet with their identity documents and a Verification of Identity form provided by their lawyer.

For further information, please contact Julie Barkla.