Electronic Conveyancing Transfer (Vendor) - Dealing with Exception (Paper Lodgement)

The Process at a Glance: The practitioner assesses and documents the specific ground for the exception. A face-to-face Verification of Identity and Client Authorisation Form are completed in the usual way. The correct paper RPA 1900 dealing form (for example, Form 01T - Transfer of Land) is prepared, pre-populated, and executed with wet physical signatures from all required parties. Before the form is scanned, the practitioner manually completes a standalone eNOS via the NSW LRS Online Portal to generate an eNOS ID, which is then inscribed on the paper form. Transfer duty is satisfied either by physical stamping at a Revenue NSW service centre or by recording the EDR assessment reference on the paper form. The paper form is then scanned as a PDF (maximum 10MB) and uploaded into a PEXA Dealing with Exception document together with a completed Lodgment Rules Exception Form. NSW LRS conducts a manual paper-grade examination of the uploaded PDF. Any requisitions raised during examination must be responded to within the required timeframe. Once registered, a dealing number is issued and the seven-year compliance archive is compiled.

Key Legislation and Case Law: NSW Lodgment Rules Rule 10 - prescribes the recognised exception grounds and the Dealing with Exception lodgement procedure; the Exception Form must accompany the paper dealing and explain why a fully electronic lodgement is not possible. Real Property Act 1900 (NSW) - paper dealing forms (Form 01T Transfer, Form 05M Mortgage, and others) remain valid under the RPA for dealings that cannot be executed fully electronically. Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW) - mandatory electronic lodgement requirement from which the Dealing with Exception pathway provides a limited exemption. Duties Act 1997 (NSW) - transfer duty must be satisfied on the paper dealing form; the automated PEXA duty verification panel is not available for paper exception lodgements; NSW LRS examines duty compliance manually. eNOS: the electronic Notice of Sale must be completed via the NSW LRS Online Portal even for paper dealings; the eNOS ID must be inscribed on the paper form before scanning.

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