Legal Project Management Plan & Checklist
Use this plan when your client is purchasing residential property in New South Wales and you are acting as their solicitor or licensed conveyancer. Open this file at the moment of engagement, before the contract is reviewed or exchanged. The plan covers the full buyer-side lifecycle from initial intake through to post-settlement notifications.
Jurisdiction: New South Wales. Dealings are lodged electronically through PEXA or Sympli with NSW Land Registry Services. The plan handles Torrens Title, Strata Title, Community Title, and Old System Title properties. There are no forks - the plan covers the standard NSW residential purchase from exchange through to settlement.
The Process at a Glance: The matter begins with client intake and face-to-face Verification of Identity, followed by review of the draft contract and search certificates. Once the client is ready to proceed, contracts are exchanged - either with a five-business-day cooling-off period or with an immediate exchange using a certificate waiving cooling-off. Pre-settlement searches are ordered and a Transfer Duty assessment is lodged via the Electronic Duties Return portal. If the client is a first home buyer, an application for the First Home Buyer Assistance Scheme exemption or concession is lodged at the same time. Finance approval is monitored and the incoming mortgage documents are executed. A PEXA workspace is created, the statement of adjustments is prepared, and the shortfall amount is calculated and collected. On settlement day, the PEXA workspace settles simultaneously with electronic lodgement at NSW LRS. Post-settlement notifications are issued to the managing agent, the strata manager if applicable, the local council, and the water authority.
Key Legislation and Case Law: Conveyancing Act 1919 (NSW) - s66W (waiver of cooling-off by certificate), s149 (zoning and planning certificates). Real Property Act 1900 (NSW) - Torrens title system and electronic lodgement obligations. Duties Act 1997 (NSW) - transfer duty rates; First Home Buyer Assistance Scheme (FHBAS) full exemption on properties up to ,000 and concessional rate up to ,000,000; surcharge purchaser duty at 9% for foreign persons. Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW) and NSW Participation Rules Version 7 - mandatory electronic lodgement, ARNECC Model Participation Rules for VOI categories, Client Authorisation Form requirements. Foreign Resident Capital Gains Withholding: all contracts dated on or after 1 January 2025 require a vendor clearance certificate regardless of price (previously the threshold was ,000); failure to obtain a clearance certificate requires the buyer to withhold 15% of the purchase price and remit to the ATO. First Home Owner Grant (FHOG) of ,000 is available for new homes only, assessed separately by Revenue NSW.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Property Purchase (Buyer) - NSW - Standard Residential Purchase matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for REAL_ESTATE cases, outlining the standard TRANSACTIONAL process. Utilize these tracking templates to manage your legal cases efficiently.
Client onboarded, VOI and CAF completed, contract fully reviewed and advice letter delivered, finance and inspections arranged.
Contracts exchanged, deposit paid, cooling-off period managed (with or without s66W waiver), finance confirmation obtained.
All pre-settlement searches ordered, Transfer Duty assessed via EDR with FHBAS concession applied if eligible, FRCGW clearance verified, FIRB compliance confirmed, requisitions on title served and replied to.
PEXA workspace configured, all instruments signed, settlement statement of adjustments agreed, client shortfall funds received into trust.
Electronic settlement completed on PEXA, title registered, Order on Agent issued, post-settlement notifications sent, client reporting delivered, file closed.
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