Common use of Electronic Conveyancing Clause in Contracts

Electronic Conveyancing. Special Condition Settlement and lodgement will be conducted electronically in accordance with the Electronic EC Conveyancing National Law and special condition 2 applies, if the box is marked “EC” 7.1 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. 7.2 A party must immediately give written notice if that party reasonably believes that settlement and lodgement can no longer be conducted electronically. 7.3 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 (c) Conduct the transaction in accordance with the Electronic Conveyancing National Law. 7.4 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. 7.5 The vendor must nominate a time of the day for locking of the workspace at least 7 days before the due date for settlement. 7.6 Settlement occurs when the workspace records that: (a) The exchange of funds or value between financial institutions in accordance with the instruction 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. 7.7 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 locking of the workspace at the nominated settlement time, settlement in accordance with special condition 2.6 has not occurred by 4.00pm, or 6.00pm if the nominated time for settlement is after 4.00pm. 7.8 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. 7.9 The vendor must before settlement: (a) deliver any keys, security devices and codes (“keys”) to the estate agent names in the contract, (b) direct the estate agent to give the keys to the purchaser or the purchaser’s nominee on notification of settlement by the vendor, the vendor’s subscriber or the Electronic Network Operator, (c) deliver all other physical documents and items (other than the goods sold by the contract) to which the purchaser is entitled at settlement, and any keys if not delivered to the estate agent, to the vendor’s subscriber or, if there is no vendor’s subscriber, confirm in writing to the purchaser that the vendor holds those documents, items and keys at the vendor’s address set out in the contract, and (d) direct the vendor’s subscriber to give (or, if there is no vendor’s subscriber, give) all those documents and items, and any such keys, to the purchaser or the purchaser’s nominee on notification of settlement by the Electronic Network Operator. 7.10 The vendor must, at least 7 days before the due date for settlement, provide the original of any document required to be prepared by the vendor in accordance with general condition 6.

Electronic Conveyancing. Special Condition Settlement and lodgement will be conducted electronically in accordance with the Electronic EC Conveyancing National Law and special condition 2 applies, if the box is marked “EC” 7.1 (a) 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 if the parties subsequently agree in writing, that settlement and lodgement of the instruments necessary to record the purchaser Purchaser as registered proprietor of the land will Land must be conducted electronically in accordance with the Electronic Conveyancing National Law. 7.2 (b) A party must immediately give written notice if that the party reasonably believes that settlement and lodgement can no longer be conducted electronically. 7.3 (c) Each party must: : (a1) Bebe, or engage a representative who is, a subscriber for the purposes of the Electronic Conveyancing National Law Law; (b2) Ensure 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 Law; and (c3) Conduct conduct the transaction in accordance with the Electronic Conveyancing National Law. 7.4 (d) The vendor Vendor must open the Electronic Workspace (“workspace”Workspace) as soon as reasonably practicablepracticable after the Day of Sale. The workspace Workspace is an electronic address for the service of notices and for written communications for the purposes of any electronic transactions legislation. 7.5 (e) The vendor Vendor must nominate a time of the day for locking of the workspace Workspace at least 7 days before the due date for settlementSettlement Date. 7.6 (f) Settlement occurs when the workspace Workspace records that: : (a1) The the exchange of funds or value between financial institutions in accordance with the instruction instructions of the parties has occurred: or ; or (b2) If if there is no exchange of funds or value, . the documents necessary to enable the purchaser Purchaser to become registered proprietor of the land have been accepted for electronic lodgement. 7.7 The (g) If after the locking of the Workspace at the nominated settlement time in accordance with special condition 25(f), settlement has not occurred by 3.00 pm or 6.00 pm if the nominated time for settlement is after 3.00 pm, the parties must do everything reasonably necessary to effect settlement: : (a1) electronically on the next business day, or Business Day; or (b2) at the option of either party, otherwise than electronically as soon as possible – if, after locking of the workspace at the nominated settlement time, settlement in accordance with special condition 2.6 has not occurred by 4.00pm, or 6.00pm if the nominated time for settlement is after 4.00pmpossible. 7.8 (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. 7.9 . 26 Section 32 acknowledgement The vendor must Purchaser acknowledges that before settlement: (a) deliver executing this contract or any keys, security devices and codes (“keys”) other document relating to the estate agent names in purchase of the contract, (b) direct the estate agent to give the keys to the purchaser or the purchaser’s nominee on notification of settlement by the vendorProperty, the vendorPurchaser received the Vendor’s subscriber or Statement from the Electronic Network Operator, (c) deliver all other physical documents and items (other than the goods sold by the contract) to which the purchaser is entitled at settlement, and any keys if not delivered to the estate agent, to the vendor’s subscriber or, if there is no vendor’s subscriber, confirm in writing to the purchaser that the vendor holds those documents, items and keys at the vendor’s address set out in the contract, and (d) direct the vendor’s subscriber to give (or, if there is no vendor’s subscriber, give) all those documents and items, and any such keys, to the purchaser or the purchaser’s nominee on notification of settlement by the Electronic Network OperatorVendor. 7.10 The vendor must, at least 7 days before the due date for settlement, provide the original of any document required to be prepared by the vendor in accordance with general condition 6.

Electronic Conveyancing. Special Condition Settlement and lodgement will be conducted electronically in accordance with the Electronic EC Conveyancing National Law and special condition 2 applies, if the box is marked “EC” 7.1 2.1 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. 7.2 2.2 A party must immediately give written notice if that party reasonably believes that settlement and lodgement can no longer be conducted electronically. 7.3 2.3 Each party must: : (a) Bebe, or engage a representative who is, a subscriber for the purposes of the Electronic Conveyancing National Law Law, (b) Ensure 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 Law, and (c) Conduct conduct the transaction in accordance with the Electronic Conveyancing National Law. 7.4 2.4 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. 7.5 2.5 The vendor must nominate a time of the day for locking of the workspace at least 7 days before the due date for settlement. 7.6 2.6 Settlement occurs when the workspace records that: : (a) The the exchange of funds or value between financial institutions in accordance with the instruction instructions of the parties has occurred: or ; or (b) If 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. 7.7 2.7 The parties must do everything reasonably necessary to effect settlement: : (a) electronically on the next business day, or ; 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 4.00pm4.00 pm, or 6.00pm 6.00 pm if the nominated time for settlement is after 4.00pm4.00 pm. 7.8 2.8 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. 7.9 2.9 The vendor must before settlement: : (a) deliver any keys, security devices and codes (“keys”) to the estate agent names named in the contract, , (b) direct the estate agent to give the keys to the purchaser or the purchaser’s nominee on notification of settlement by the vendor, the vendor’s subscriber or the Electronic Network Operator, , (c) deliver all other physical documents and items (other than the goods sold by the contract) to which the purchaser is entitled at settlement, and any keys if not delivered to the estate agent, to the vendor’s subscriber or, if there is no vendor’s subscriber, confirm in writing to the purchaser that the vendor holds those documents, items and keys at the vendor’s address set out in the contract, and and (d) direct the vendor’s subscriber to give (or, if there is no vendor’s subscriber, give) all those documents and items, and any such keys, to the purchaser or the purchaser’s nominee on notification of settlement by the Electronic Network Operator. 7.10 2.10 The vendor must, at least 7 days before the due date for settlement, provide the original of any document required to be prepared by the vendor in accordance with general condition 6.

Electronic Conveyancing. Special Condition Settlement and lodgement will be conducted electronically in accordance with the Electronic EC Conveyancing National Law and special condition 2 3 applies, if the box is marked “EC” 7.1 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. 7.2 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. 7.3 3.3 Each party must: : (a) Bebe, or engage a representative who is, a subscriber for the purposes of the Electronic Conveyancing National Law Law, (b) Ensure 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 Law, and (c) Conduct conduct the transaction in accordance with the Electronic Conveyancing National Law. 7.4 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. 7.5 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. 7.6 3.6 Settlement occurs when the workspace records that: : (a) The the exchange of funds or value between financial institutions in accordance with the instruction instructions of the parties has occurred: or ; or (b) If 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. 7.7 3.7 The parties must do everything reasonably necessary to effect settlement: : (a) electronically on the next business day, or 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 4.00pm4.00 pm, or 6.00pm 6.00 pm if the nominated time for settlement is after 4.00pm4.00 pm. 7.8 3.8 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. 7.9 3.9 The vendor must before settlement: : (a) deliver any keys, security devices and codes (“keys”) to the estate agent names named in the contract, , (b) direct the estate agent to give the keys to the purchaser or the purchaser’s nominee on notification of settlement by the vendor, the vendor’s subscriber or the Electronic Network Operator, ; (c) deliver all other physical documents and items (other than the goods sold by the contract) to which the purchaser is entitled at settlement, and any keys if not delivered to the estate agent, to the vendor’s subscriber or, if there is no vendor’s subscriber, confirm in writing to the purchaser that the vendor holds those documents, items and keys at the vendor’s address set out in the contract, and and (d) direct the vendor’s subscriber to give (or, if there is no vendor’s subscriber, give) all those documents and items, and any such keys, to the purchaser or the purchaser’s nominee on notification of settlement by the Electronic Network Operator. 7.10 3.10 The vendor must, at least 7 days before the due date for settlement, provide the original of any document required to be prepared by the vendor in accordance with general condition 6. 3.11 The vendor also reserves the right to pass onto the purchaser any associated costs incurred with regards to any settlement time delay from any/all subsequent linked settlements within the XXXX portal

Electronic Conveyancing. Special Condition Settlement and lodgement will be conducted electronically in accordance with the Electronic EC Conveyancing National Law and special condition 2 6 applies, if the box is marked “EC” 7.1 6.1 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, specifies or the parties subsequently agree in writing, 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. 7.2 6.2 A party must immediately give written notice if that party reasonably believes that settlement and lodgement can no longer be conducted electronically, they are required to pay the Vendor's Solicitor fee of $165.00 being settlement attendance fee. 7.3 6.3 Each party must: : (a) Be, or engage a representative who is, a subscriber for the purposes of the Electronic Conveyancing National Law 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 Law, and (c) Conduct the transaction in accordance with the Electronic Conveyancing National Law. 7.4 6.4 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. 7.5 6.5 The vendor must nominate a time of the day for locking of the workspace at least 7 days before the due date for settlement. 7.6 6.6 Settlement occurs when the workspace records that: : (a) The exchange of funds or value between financial institutions in accordance with the instruction instructions of the parties has occurred: or , 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. 7.7 6.7 The parties must do everything reasonably necessary to effect settlement: : (a) electronically Electronically on the next business day, or ; or (b) at 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 4.00pm, or 6.00pm if the nominated time for settlement is after 4.00pm4:00 pm. 7.8 6.8 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. 7.9 6.9 The vendor must before settlement: : (a) deliver Deliver any keys, security devices and codes (“keys”) to the estate agent names named in the contract, . (b) direct Direct the estate agent to give the keys to the purchaser or the purchaser’s nominee on notification of settlement by the vendor, the vendor’s subscriber or the Electronic Network Operator, . (c) deliver Deliver all other physical documents and items (other than the goods sold by the contract) to which the purchaser is entitled at settlement, and any keys if not delivered to the estate agent, to the vendor’s subscriber or, if there is no vendor’s subscriber, confirm in writing to the purchaser that the vendor holds those documents, items and keys at the vendor’s address set out in the contract, and and (d) direct Direct the vendor’s subscriber to give (or, if there is no vendor’s subscriber, give) all those documents and items, and any such keys, to the purchaser or the purchaser’s nominee on notification of settlement by the Electronic Network Operator. 7.10 6.10 The vendor must, at least 7 days before the due date for settlement, provide the original of any document documents required to be prepared by the vendor in accordance with general condition 6.

Electronic Conveyancing. Special Condition Settlement and lodgement will be conducted electronically in accordance with the Electronic EC Conveyancing National Law and special condition 2 applies, if the box is marked “EC” 7.1 1.1 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. 7.2 1.2 A party must immediately give written notice if that party reasonably believes that settlement and lodgement can no longer be conducted electronically. 7.3 1.3 Each party must: : (a) Bebe, or engage a representative who is, a subscriber for the purposes of the Electronic Conveyancing National Law Law, (b) Ensure 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 Law, and (c) Conduct conduct the transaction in accordance with the Electronic Conveyancing National Law. 7.4 1.4 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. 7.5 1.5 The vendor must nominate a time of the day for locking of the workspace at least 7 days before the due date for settlement. 7.6 1.6 Settlement occurs when the workspace records that: : (a) The the exchange of funds or value between financial institutions in accordance with the instruction instructions of the parties has occurred: or ; or (b) If 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. 7.7 1.7 The parties must do everything reasonably necessary to effect settlement: : (a) electronically on the next business day, or 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 1.6 has not occurred by 4.00pm4.00 pm, or 6.00pm 6.00 pm if the nominated time for settlement is after 4.00pm4.00 pm. 7.8 1.8 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. 7.9 1.9 The vendor must before settlement: : (a) deliver any keys, security devices and codes (“keys”) to the estate agent names named in the contract, , (b) direct the estate agent to give the keys to the purchaser or the purchaser’s nominee on notification of settlement by the vendor, the vendor’s subscriber or the Electronic Network Operator, ; (c) deliver all other physical documents and items (other than the goods sold by the contract) to which the purchaser is entitled at settlement, and any keys if not delivered to the estate agent, to the vendor’s subscriber or, if there is no vendor’s subscriber, confirm in writing to the purchaser that the vendor holds those documents, items and keys at the vendor’s address set out in the contract, and and (d) direct the vendor’s subscriber to give (or, if there is no vendor’s subscriber, give) all those documents and items, and any such keys, to the purchaser or the purchaser’s nominee on notification of settlement by the Electronic Network Operator. 7.10 1.10 The vendor must, at least 7 days before the due date for settlement, provide the original of any document required to be prepared by the vendor in accordance with general condition 6.

Electronic Conveyancing. Special Condition Settlement and lodgement will be conducted electronically in accordance with the Electronic EC Conveyancing National Law and special condition 2 10 applies, if the box is marked “'EC”' 7.1 10.1. 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. 7.2 10.2. A party must immediately give written notice if that party reasonably believes that settlement and lodgement can no longer be conducted electronically. Special condition 10 ceases to apply from when such a notice is given. 7.3 10.3. Each party must: (a) Be: 10.3.1. be, or engage a representative who is, a subscriber for the purposes of the Electronic Conveyancing National Law (b) Ensure Law, 10.3.2. 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 (c) Conduct Law, and 10.3.3. conduct the transaction in accordance with the Electronic Conveyancing National Law. 7.4 10.4. 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. 7.5 10.5. The vendor must nominate a time of the day for locking of the workspace at least 7 days before the due date for settlement. 7.6 10.6. Settlement occurs when the workspace records that: (a) The : 10.6.1. the exchange of funds or value between financial institutions in accordance with the instruction instructions of the parties has occurred: or (b) If ; or 10.6.2. 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. 7.7 10.7. The parties must do everything reasonably necessary to effect settlement: (a) : 10.7.1. electronically on the next business day, or (b) or 10.7.2. 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 10.6 has not occurred by 4.00pm, or 6.00pm if the nominated time for settlement is after 4.00pm5.00 pm. 7.8 10.8. 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. 7.9 10.9. The vendor must before settlement: (a) : 10.9.1. deliver any keys, security devices and codes (“keys”) to the estate agent names named in the contract, (b) , 10.9.2. direct the estate agent to give the keys to the purchaser or the purchaser’s nominee on notification of settlement by the vendor, the vendor’s subscriber or the Electronic Network Operator, (c) ; 10.9.3. deliver all other physical documents and items (other than the goods sold by the contract) to which the purchaser is entitled at settlement, and any keys if not delivered to the estate agent, to the vendor’s subscriber or, if there is no vendor’s subscriber, confirm in writing to the purchaser that the vendor holds those documents, items and keys at the vendor’s address set out in the contract, and (d) and 10.9.4. direct the vendor’s subscriber to give (or, if there is no vendor’s subscriber, give) all those documents and items, and any such keys, to the purchaser or the purchaser’s nominee on notification of settlement by the Electronic Network Operator. 7.10 The vendor must, at least 7 days before the due date for settlement, provide the original of any document required to be prepared by the vendor in accordance with general condition 6.