RELEASING A TITLE/DOCUMENT AND VERIFICATION OF IDENTITY [VOI]

Practitioners must take reasonable steps to undertake a verification of identity (VOI) of their clients both to avoid fraud and comply with common law obligations and Victoria’s electronic conveyancing Participation Rules. To protect title holders’ rights and confidentiality to avoid any fraudulent activities or loss of Title we follow our firms ‘handing over certificates of title’ policy.

We follow a strict policy in line with the:

 

Handing over certificates of title – policy – part 1

To release the title, we require:

OPTION 1 – preferred method – sending to the client directly.  

1. a request is made by the client [A request must be made by everyone registered on the title separately] via email to dinesh@dlegal.com.au
2. We will undertake a VOI – Client to perform a Verification of Identity [VOI] – cost TBA
3. Paper titles will only be sent by registered post to the client’s address.

Whoever collects the paper title must provide identification and sign an acknowledgment of receipt.

OPTION 2 – sending to their attorney or another firm.

1. An authority to release the title from the title/document owner witnessed by an authorised witness named Under Section 30 of the Oaths and Affirmations Act 2018. We prefer a Legal practitioner. [hundred points ID must be attached by both title/document]
2. The authorised witness must also undertake a Verification of Identity [VOI] in the LIV form of the title holder/s and from the authority holder/s as per https://www.land.vic.gov.au/land-registration/for-professionals/verification-of-identity and provide it to us with relevant ID.
3. A VOI form by the LIV is also attached herewith for your reference. https://www.liv.asn.au/PDF/For-Lawyers/Practice-Sections/PELS/Resources/LIV-VOI-Checklist.aspx  

Handing over certificates of title – policy – part 2

This policy is about providing client documents to the client or another firm.

1. Where a request is made by the client or their attorney for the title or control of the eCT, the client must provide proof of identity and authority such as a photo ID and a certified copy of any power of attorney (POA) before the transfer can be made.
2. We will keep a copy of the paper title, ID and any POA.
3. A request must be made by everyone registered on the title.
4. Where the request is made by another law firm, it must be in writing on the letterhead of the law firm and it should state the name of the client(s) the firm is acting for. The other firm must provide us with an original authority signed by the registered proprietor(s) giving consent to you handing over the paper title or control of the eCT to them. This will be kept in your deed packet for the client.
5. Paper titles will/should only be sent by registered post. We insist any documents/title being sent by courier or collected by hand.
6. Whoever collects the paper title must provide identification and sign an acknowledgment of receipt. A copy of the ID will be/should be kept with the signed acknowledgment in your deed packet for the client.
7. The Land Registry will be/ should only be notified of the change in control of the eCT after our firm has established the identity and authority of the person who made the request and holds a signed client authorisation form.

For more information about delivering up documents see the two articles LPLC wrote for the Law Institute Journal – Delivering up documents in June 2009 and You will be missed: but what about your files? in January 2011

For information about eCTs refer to the Land Registry Guide to certificates of title in PEXA.

LPLC link : https://lplc.com.au/resources/lplc-article/be-careful-when-handing-over-certificates-of-title

Prepared by Dinesh Weerakkody

Barrister & Solicitor (An Australian Legal Practitioner)
An Australian Migration Lawyer (Former MARA # 0742843)
Former Lecturer │ Unit Convenor │ Swinburne University Law School
President – LawHelp Australia
Former Treasurer – Eastern Suburbs Law Association (ESLA) of LIV
Law Institute Migration Law Committee- Member
Executive producer: CH31 TV LawHelp programme