Thursday, August 30, 2007

Electronic Conveyancing - An update from Mr Madden

29 May 2007 Public Accounts and Estimates Committee 13

Mr RICH-PHILLIPS - I would like to ask you about the funding for the electronic conveyancing system — firstly, about the contradiction in the information contained in the budget overview which refers to the funding being provided, $6 million over four years, and budget paper 3, which refers to the funding being provided in one year, being the 07–08 year.
The CHAIR — What page is this?
Mr RICH-PHILLIPS — That is page 333. Can you just clarify, please, which is correct — the overview or the budget paper? Is it one year or is it four years?
Mr MADDEN — I am informed that it is over one year.
Mr RICH-PHILLIPS — I understand that is $6 million in addition to $24 million that was provided for the land exchange program. Can you tell the committee how that existing money has been expended in setting up this electronic conveyancing system and how the additional $6 million was spent?
Mr MADDEN — I might ask Peter Harris, secretary of the department, to reply to that. I would ask, Chair, that if there are any supplementary questions that they come through me so that I can respond.
The CHAIR — That is fine. They always do, Minister; don’t worry.
Mr HARRIS — In answer to the basic question for the committee’s benefit, the electronic conveyancing project has proved to be very successful and has met its technical milestones for being deliverable. If I could just ensure that it is in everybody’s mind that this electronic exchange will effectively replace the exchange that might occur otherwise, which would be managed by conveyancers. So when cheques are handed over and titles are provided as a result of a property transaction, this will now be able to occur electronically, with a significant estimated saving for every property transaction of the order of $300 or $400 on average.
It is quite an important piece of technological development for the property industry. It has substantial application outside Victoria — it is potentially a national system — and it has generated quite a lot of interest from the kind of institutions that are involved in electronic conveyancing. In terms of the funding, the project was supplied with funding on an incremental basis, and it has built up by cost over time according to its success. So having met each of its individual technical milestones, this last segment of funding approved by the government budget for this year will ensure that in effect this system is available in Victoria. I believe — I might look across at my adviser at this point — it will be available in the early part of 2008, if not earlier than that.
Ms OVERELL — Yes; the middle of 2008.
Mr HARRIS — Certainly it will be completed in the coming year. Those savings will then flow on to institutions and obviously on behalf of purchasers who care to use the electronic system. The paper-based system will nevertheless remain available for those who do not want to take advantage of that, and there undoubtedly will be some reasons determined by the individual institutions — banks and the like — as to whether or not they choose to go down this path. But we think the savings are very attractive, and the project is therefore likely to be considered quite a success.
Mr RICH-PHILLIPS — I understand the project has been on trial since 2005 and that there have been a couple of trials. I am curious as to why the extra $6 million is required now, if the project is already to a trial stage.
Mr MADDEN — First of all, in terms of the development of this, I understand that it has been ongoing for some time. This is the sort of technology you do not just do on your own. I also understand that you have got to bring people along with you, particularly if you are relying on many of the large financial institutions. I understand that financial institutions such as Westpac, ANZ, Commonwealth Bank, National Australia Bank, Macquarie Bank and Bendigo Bank are already using the mortgage transaction as part of their electronic conveyancing systems, so it is important that those sorts of stakeholders have confidence in the product and that when the extension of that is fully operating, people can feel completely confident about that.
Mr RICH-PHILLIPS — Are there concerns now?
Mr MADDEN — Let us also appreciate that this puts Victoria at the forefront of other Australian states and that in actual fact it is a world leader in terms of financial property settlement and lodgement of land transfers and mortgages. This is groundbreaking, and in terms of the intellectual property that goes with this we will see countries from around the world wanting to replicate what we are doing here in this state. I am not sure whether you have any more comments, Peter, in relation to any of those matters.
Mr RICH-PHILLIPS — You mentioned the banks that are trialling the system now. Have there been any problems in the trial? Have they expressed any concerns with the system that is currently running?
Mr MADDEN — My understanding is that those financial institutions are currently using the system and at this point it appears that they are very supportive of it, so I think all the indications are very supportive, But, of course, I suppose you have to trial these things before you roll them out completely, and that is just the cautious nature of how you would manage something that could have quite profound change and significant implications for the operation of any organisation. As I said, one of the great elements of this is that what we will see — I do not know if you are aware of the way in which they exchange titles and mortgages and all sorts of things at the last minute. Everyone has to come together at the last minute and often you have four parties involved, sitting around the table, and they all have to find a place to meet, and what you do not want is a glitch at the last minute because not only does it stop that transaction, but because there are a lot of linked transactions often for similar times of the day, people sell one property, purchase, and try to combine the dates so that they are not having to use different forms of credit. So it is important that the operation of this is absolutely sound, and no doubt you would not have the banks supportive of it if they did not feel confident about it, and we would expect that when they take it on board fully, it will be a world leader.
The CHAIR — Our family had a transaction last week and it went through very smoothly. In fact it was a day or so ahead of what they originally expected, so I am very grateful for the new system. (BH - what new system is he referring to????? he's getting ahead of himself here)

PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE
Inquiry into budget estimates 2007–08
Melbourne — 29 May 2007

Gordon Rich-Phillips
Party: Liberal Party
House: Legislative Council
Member Public Accounts and Estimates Cttee since 1999.

Justin Madden
Party: Australian Labor Party
House: Legislative Council
Portfolio/Position: Minister for Planning

Ms Genevieve Overell,
General Manager, Office of Planning and Urban Design, Department of Sustainability and Environment

Mr Peter Harris,
Secretary of the Department of Sustainability and Environment;

Mr Bob. Stensholt
Party: Australian Labor Party
Chair, Public Accounts and Estimates Cttee since 2007.

Sunday, August 26, 2007

Commsec - 1 million clients

Thirteen years ago, CommSec — or Commonwealth Securities to give it its full name — was a dream in the minds of a clutch of the bank's executives. What would have been the odds of the lumbering Commonwealth Bank launching a stockbroking business that, little more than a decade later, would book more trades on the stock exchange than anyone else?

But a bunch of bankers, used to the bureaucratic ways of the Commonwealth, slipped under the guard of the stockbroking establishment and built a business that now boasts close to 1.5 million accounts, or about a million customers. Its clients have either deserted high-charging established firms or they're new investors who feel comfortable doing their own transactions at a fraction of the rates charged by the big broking firms.

CommSec general manager Matthew Comyn says his full-service broking rivals "tend to look after their most valuable clients but if you're not getting much service and you're paying $100 a trade, and research is more or less freely available from a lot of different sources, then paying $19.95 a trade with us is a fairly easy decision for a lot of people."

Source The Age - Christopher Webb

Full Article Link

Monday, August 20, 2007

seek.com.au 2007 results

Online job advertiser Seek has reported 62.8 per cent net profit increase and remains confident of future employment conditions and growth prospects.

For the year ended June 30, 2007, net profit increased to $55.5 million from $34.1 million.

Sales revenue jumped to $157 million from $106.2 million.

Earnings before interest, tax, depreciation and amortisation were up to $80.3 million from $49 million.

"We have continued to enjoy strong growth over the past 12 months and have increased our market leadership position," joint chief executive Paul Bassat said.

"SEEK continues to lead the market in unaided awareness, ad volumes, unique browsers and market reach."

Mr Bassat said a "structural shift" was taking place in the Australian classifieds market, and it was likely to follow the US, where 38 per cent of employment advertising is online.

That compared with Australia's 23 per cent and underpinned the rosy outlook.

"Growth opportunities are still evident in the SME (small and medium enterprise) market and a focus on customer acquisition and retention is central to our growth strategy for the year ahead," he said.

"Increasing our market penetration in QLD, SA and WA as well as the Government and Healthcare sectors are also high on our agenda.

Source The Age

realestate.com.au 2007 results

Online company Real.estate.com.au Ltd has booked an 83.2 per cent increase annual profit and says it is looking for opportunities to enter new markets.

The property search website operator made a net profit of $15.06 million for fiscal 2007, up from $8.2 million in the previous year.

Revenue rose 77.4 per cent to $107.97 million, on the back of organic growth.

"In the coming year we will continue to improve our existing operations while looking for opportunities to enter new markets," chief executive and managing director Simon Baker said.

The main Australian operations delivered earnings before interest, tax, depreciation and amortisation (EBITDA) of $39.13 million, up from $21.14 million, as the margin improved to 45 per cent from 38 per cent.

The United Kingdom operation made an EBITDA loss of $8.18 million in the year ended June 30, compared to a loss of $2.96 million.

But the company's new businesses in Italy and Luxembourg were profitable with EBITDA margins of seven per cent and nine per cent, respectively.

Mr Baker said the company's flagship Australian site, realestate.com.au, continued to gain market share.

In June, it had 100 per cent more unique browsers than the country's second site, domain.com.au, according to Nielsen/NetRatings.

Overall, 7.14 million people visited the websites owned and operated by the group, which was up 44 per cent than in June 2006.

In July, that number rose to 7.6 million.

The number of real estate agent subscribers increased by 59 per cent over the year to 17,011, from 10,713.

Agents are the company's core customers and agent subscriptions are a key performance and revenue driver.

Property listings rose 84 per cent to 1.083 million in June, from a year ago.

In February, Mr Baker said real estate agents were beginning to question the value of traditional media for property listings.

He said that realestate.com.au was significantly cheaper than print media alternatives and had an average revenue per listing per month of between $15 and $20.

The company did not declare a final dividend.

The group operates a stable of global websites including realestate.com.au, property.com.au, homesite.com.au, realcommercial.com.au and propertylook.com.au.

Source The Age

Sunday, August 12, 2007

Living in the 70s

In the mid 80s I worked for a merchant bank that traded bills and bonds. Screen trading was relatively new. Before screen trading, the market for bills, bonds and cash was traders ringing around the market place with their peers to conduct a trade, are you a seller or a buyer, and at what price and quantity? It was less than perfect market. It was also conducted in a certain time frame. All day trading was halted around 11am or it was a case of forward trading. The primary reason for the limited time frame for trading was the necessity to physically settle all trades same day. Settlements were done in the afternoon after bank cheques were drawn (for tens of millions) and you had drawn up your round for physically exchanging bank cheques and securities. Then you got on your bike (or tram) and went from one bank to another settling the trades.

Two changes to the market took place in the mid to late eighties. One, the introduction of screen trading. Two, Austraclear introduced electronic settlements of fixed interest products. In 2006, SFE Austraclear has an inventory of over $600 Billion in securities and trades over $30B daily. The new ASX Austraclear System simplifies settlement complexities and enhances straight-through-processing (STP), office integration and cross border opportunities to facilitate the registering, bookkeeping, clearing and settlement of a broader range of derivative, security and cash asset classes. (source ASX)



The property market - in a nutshell "we" seem to be stuck in the 1970s.

It is an obvious thing to say that "we" need to emulate systems like Austraclear and CHESS. Our current settlement systems for property conveyancing and mortgage processing are hapless. And the efforts of the Land Registries, Revenue Offices, Financial Institutions and Law Societies to bring about the necessary changes on a national basis seems to have been reduced to a morass or quagmire.

First to bring about change "we" don't need big bang changes. What "we" need to do is start to solve the communication quandries between the parties to the settlements chain. With a concerted commitment and co-operation by the Financial Institutions this could be solved quite easily.

Sunday, July 22, 2007

Digital Conveyancing Newsletter - July 07

Link for the July 07 newsletter

The top 10 shitty things lawyers have to contend with FIs


  1. Haven't I faxed you the Contract, Transfer and Title 3 times already? CBA
  2. Look, we sent you a copy of the Transfer , yet the name of the Mortgagor is wrong, you need to redo the Mortgage documents. Even worse the ANZ not once but twice lost a stamped Transfer
  3. For the sixth time, we need a letter confirming the amount of the original loan and the payout figure. Our client urgently needs this to get a deposit release Westpac
  4. How do I navigate through this phone system - I just want to book in a settlement or change the time
  5. Quote "We have lost or misplaced the bank cheques; did our settlement clerk take the cheque(s) by mistake?" NAB
  6. We cant find the title. Which bank, (our firm alone deals with banks that lose titles on average 3 to 4 times a year)
  7. What do you mean I cant email you? I have a 50 page document I need to send you. This is the year 2010. Westpac: phone, fax or post.
  8. I have been put on hold for 53 minutes - HSBC
  9. How come you cant give a payout figure? Settlement is tomorrow and the other side needs three days notice. And hey, how come I cant ever speak to the same person twice?
  10. What's the loan status? ANZ - two million telephone inquiries a year relating to the status of loan applications


11 What do you mean the title is still in the vendors name? I purchased this ppty 9 months ago - CBA

Friday, July 13, 2007

NECS - the benefits to all industry participants

Electronic / digital conveyancing, because of its nature,
• will provide industry participants with opportunities to organise their work and staffing needs more efficiently,
• to service a wider geographical distribution of transacting parties,
• to save time and expense preparing and correcting documentation, and
• to have greater confidence in the transaction process and in the other participants representing transacting parties.
These benefits will be greater the more an industry participant uses electronic conveyancing.

How will legal and conveyancing practices benefit?
Legal and conveyancing practices will benefit from opportunities to streamline their operations, saving staff time and expense through seamless integration with their case management systems. The information they already collect from their clients will be sent to the NECS and used to prepare the instruments required for the transaction.
• Paralegals and clerks will sign-on to the NECS through their in-house systems and ensure everything is in order for a legal practitioner or licensed conveyancer to certify and sign the instruments prior to the agreed time for settlement.
• Settlement will occur without having to obtain a bank cheque or send anyone to a pre-agreed location to exchange cheques and instruments.
• Lodgment will occur automatically after settlement without the need to instruct a lodging agent, and notification of lodgment will be received and recorded in in-house case management systems almost immediately.
• The conveyancing process will be completed much faster and with less effort.
It will be possible to handle many more transactions at the same time with no additional resources and to settle any number of matters on the same day.

How will financial institutions and other mortgage lenders benefit?
Financial institutions and other mortgage lenders will similarly benefit from opportunities to streamline their operations.
• The information many lenders already collect and have stored in their loan documentation systems will be automatically used through connections with NECS to populate workspaces and prepare instruments.
• Loans officers will sign-on to NECS through their in-house documentation systems and ensure everything is in order for a supervisor to certify and sign discharge of mortgage and/or new mortgage instruments prior to the agreed time for settlement.
• Settlement will occur without having to obtain a bank cheque or send anyone to a pre-agreed location to exchange cheques and instruments.
• Lodgment will occur automatically after settlement without the need to instruct a lodging agent, and notification of lodgment will be received and recorded in in-house documentation systems almost immediately.
• The process of documenting loans and lodging mortgages will be completed much faster with less effort and resources.
• The same number of staff will be able to handle a significantly greater number of loans and mortgages.
The full benefit of investments in in-house systems will be realised with straight-through processing to the Land Registry via NECS.

How will sole practitioners benefit?
Sole practitioners and small legal and conveyancer practices generally will benefit from the convenience and cost savings possible using NECS.
The practitioner will be able to complete all aspects of a conveyance without having to leave the office or having to use a courier or agent to deliver documents for client signing, to pick-up bank cheques, to attend settlement or to lodge instruments with the Land Registry.
They will be able to complete each conveyance and obtain these benefits using nothing more than an Internet browser. Alternatively, they can install and use one of a number of case management systems specially tailored by software development companies for legal and conveyancer practices.

How will the Land Registry benefit?
The Land Registry will benefit from lodgment of electronic instruments suitable for electronic examination and, ultimately, automatic registration. The electronic instruments will have been checked for consistency and completeness during preparation with opportunities for practitioners and lenders to make corrections on the spot. These checks and corrections during preparation will mean the Land Registry will not have to issue as many requisitions for additional or clarifying information during examination.

Source NSW NECS Update

Thursday, July 12, 2007

Hocking Stuart groups sold

Real estate group Hocking Stuart has been sold - to a group of its own real estate agents.

Greg Hocking and Andrew Stuart, who launched the business in 1985 from an office in Albert Park, today announced the sale to eight franchisees of Hocking Stuart offices around the state.

But neither would say how much they had sold their business for.

Mr Hocking said he was pleased to have sold out of the business.

"It has always been our goal to see Hocking Stuart pass into the hands of ... successors," he said.

The company, which last financial year said it had achieved sales in excess of $2.4 billion, has 42 offices across Victoria, 500 employees and around 11,000 properties under management.

It will now look nationally for a new chief executive officer.

Individual Hocking Stuart offices will remain owned by their directors.

Mr Hocking said he and Mr Stuart had been discussing "an exit strategy" for a number of years.

The company's name and branding would not change, Mr Hocking said, because the new owners were all already involved with the business.

"So from a grass roots level we know what to expect," he said.

Mr Hocking will now focus on a mortgage broking business he has been developing for the last 12 months, while Mr Stuart has retained an interest in Hocking Stuart's Albert Park office.

Source The Age
Clay Lucas

Monday, July 09, 2007

LIXI selected for the National Electronic Conveyancing System

The National Electronic Conveyancing Office (NECO) has announced an agreement with LIXI to create common data standards for the National Electronic Conveyancing System (NECS).

The NECS project is a co-operative initiative governed by a National Steering Committee (NSC) consisting of representatives of government land administrations, revenue commissioners, lawyers, conveyancers, bankers and the information brokers and law stationers.

Whilst this is a complex process involving different jurisdictional and industry policies and practices, Simon Libbis, executive director of NECO, says announcing data standards is a major milestone.

“LIXI’s facilitation of data standards for the national roll out of electronic conveyancing is crucial to the project’s progression. LIXI has demonstrated world class innovation and we are very excited to have their expertise available for electronic conveyancing” he said.

According to Socrates Vasiliadis, this agreement solidifies the importance of one standard for the industry.

“This announcement means LIXI is validated as the data standard for the industry and delivers value to our members. This project will change the way transfer of ownership of property is managed and will help the whole settlement process become more simplified” he said.

Property transactions in Australia account for 28% of GDP. The benefits that are expected to flow from the National Electronic Conveyancing System are:

* consumer and practitioner convenience
* user efficiency and consumer benefits
* straight-through processing from dealing preparation to registration
* single interface for national businesses
* common functionality for users in all jurisdictions
* easier cross-border transactions
* transparent application of jurisdiction rule differences.

Industry uptake in LIXI membership has increased since companies are now able to join without licensing IP. Members can therefore join yet hold off on purchasing IP until they’re ready to implement e-commerce facilities in the future.

Source lixi.org.au

Wednesday, June 27, 2007

Penthouse living

Reproduced from Fairfax Domain
Author Ann Pilmer - June 27, 2007

Melburnians are increasingly swapping the purchase of land for air. In a turnaround from conventional wisdom that acquiring land was the way to go, today's urban property buyers are forking out for highrise apartments on footprints little bigger than a sizeable suburban block.

The ultimate purchase is literally the pinnacle of the building, that is, the penthouses and sub-penthouses at the top.

The newest penthouse at 150 Clarendon at East Melbourne was valued at $15 million last month. Top-floor places in Eureka Tower, Lucient, Yve, the Mercy hospital site, Freshwater Place, The Melburnian and the Domain in St Kilda Road usually trade in the high-million-dollar range.

But their owners are far from airheads. They're spending - and making - big money on these "islands in the sky".

A St Kilda Road penthouse-style apartment, for example, increased in value by more than $500,000 in a matter of months. Bought for $2 million in February last year, it was put back on the market twice, selling in May for $2.3 million, then in September for $2.6 million to a London-based buyer.

Penthouse specialist Robert I. Mitchelson of Icon Property, who handled all three sales, says highrise buyers tend to be 45-plus baby boomers who have sold the big family home and still want plenty of living space, but without the maintenance.

"The kids have gone, they are free to travel and have the money for such a lifestyle," says Mr Mitchelson. "They love the security of an apartment because they can lock it up and go and the body corporate will look after the maintenance. They free up their lives."

For many buyers, the penthouse becomes not just a home, it's a lifestyle. And financially, "there's not a better investment" than a good penthouse, says Mr Mitchelson.

"They're as scarce as hen's teeth because they can't be built without the block of lesser apartments underneath and there's not as much apartment building going on."

Mr Mitchelson says demand has always outstripped supply in his agency.

Canny buyers recognise the quality of existing buildings such as Eureka and realise that similar apartments in new developments will be considerably more expensive, reflecting the cost of living and increases in the price of building and land.

The penthouse is also seen as a prestigious buy.

When Eureka Tower was launched seven years ago, there was a rush to buy off the plan by investors keen to rub neighbourly shoulders with celebrities and the city's leading lights. Many of those apartments are now being resold.

Hocking Stuart's Brett Jarvis, a highrise apartment specialist, lives on the 60th level of Eureka Tower (sometimes called "towers" because it's effectively three highrise buildings in one) with wife Jill.

"I bought it way back and wish I'd bought more," he says. "We have a bedroom and a study and plenty of living space with views of Albert Park Lake, the Botanic Gardens, Government House and the yachts on Port Phillip Bay. It's something special. I give traffic reports to people coming to the football. You're 17 minutes from the airport and you can walk everywhere in the city so you don't need a car."

Mr Jarvis says any big apartment near the top of Eureka's 580 apartments on the 88 residential floors, fetches high prices. A penthouse shell on level 86 sold for $7 million. And a 320-square-metre apartment with 290-degree views on the 73rd level is for sale at $4.3 million.

Aside from the "million-dollar" views - which Mr Jarvis reckons more than make up for the price of the apartment - buyers like a big apartment with quality finishes. They are realising that quality comes at a price and because of rising costs new developments will be more expensive than existing ones. Mr Jarvis says good apartments on levels 50 to 60 in the Eureka Tower have jumped, from $100,000 to $600,000 and $700,000, since selling started seven years ago. A spacious 250-square-metre apartment on level 30, completed 21/2 years ago, would have sold at around $985,000 and is $1.4 million today.

He estimates apartment prices leap from $5000 to $10,000 a floor, depending on the view, and average $8000 to $10,000 a square metre.

A lot are bought by overseas buyers who find Melbourne's apartment prices very competitive on a global scale. Many former tenants are also buying into the building, and owners who bought on lower floors often buy higher up as they get used to the style of living.

Tim Blackett of Kay & Burton says a big problem is finding large, quality apartments for buyers selling the family home who don't want maintenance but still want space.

He says the right property with the right space, location, quality finishes, outdoor terrace and views will easily fetch from $10,000 to $15,000 a square metre.

For these buyers, says Mr Blackett, budget is secondary to finding the right property.



Bird's eye on the jams below

One of the best things about high-rise living - apart from the lack of maintenance - is that you can spot the traffic jams before you leave home. That's the view of Fiona and Bob (who did not want to include their last name).

Five years ago, the couple swapped an outer suburban house on two hectares with horses, chickens and dogs for a city penthouse on the 27th floor.

Traffic is not a problem for Bob, who is a property developer. His office happens to be on the ground floor of the building, and while he has a car, he rarely drives, preferring to use a bike for getting around the city.

After three years in their original three-bedroom apartment, the couple also bought the three-bedroom apartment next door and hired Ferntree Gully building company Rori Homes to renovate the two units into one big home.

Their grown children and partners also live with them, so residential space for six adults - and pet pooch Brando - was a priority.

The spaces are vast and include a family area, a formal space on a raised podium with a Versace couch, home theatre, and an entertainment area with a bar bigger than those in an average nightclub.

Fiona and Bob spent more than a $1 million on renovations, including $400,000 on electronics. Now, fibre optic lights around the base of the bar change colour at the push of a button and a television set drops out of the bar's rounded back wall.

The apartment also has three large bedrooms, four balconies (one with a gas barbecue and outdoor heater), gymnasium, five bathrooms, office, six car spaces and three storage cages.

The main bedroom includes a library and two bathrooms. If he doesn't watch the TV mounted on the wall, Bob can sit in his bath and look out onto Albert Park and St Kilda.

Stylish interiors aside, Bob says the penthouse is unique because of its size.

He's not in the market to sell but, if someone came up with $8.5 million, he says he might consider it.



Eureka! Loving the view from 49 floors up

Up-market apartment dwellers are notoriously shy of publicity, so Warren and Raelene Gainsmith of Gainsville Furniture were initially reluctant to tell their story. But they say they have the best of both worlds.

They still have their suburban home and, seven years ago, bought two apartments off the plan and rebuilt them into one on the 49th floor of Eureka Tower (pictured).

They combined the three- and two-bedroom apartments to get more living space and four bedrooms.

They use the apartment, which they moved into two years ago, during the busiest period for their business.

"Having a spot here has been fantastic. We're 30 seconds away from the business so I've cut down on travel time," says Mr Gainsmith, "and we've used the apartment as a display suite and now we've become specialists in apartment fitouts."

In their spacious apartment, with its lime green walls and aubergine carpet, mirrors are strategically placed to reflect views to Geelong, Albert Park, Port Phillip Bay and the helipad on the Yarra.

"You don't feel any movement," says Mr Gainsmith, who admits he won't let his young grandchildren on the narrow balcony without adult supervision.

The main bedroom, or parents' retreat, is a vast, angled space, dominated by a central leather bed overlooking the city.

"The city is lit up like a Christmas tree at night," Mr Gainsmith says. "You never get tired of looking at it. We put in a mirrored wall to reflect the lights of the Bolte Bridge, which gives the room a floating effect. "The sunsets are great, too, and there is always so much going on in the city," Mr Gainsmith says.

"On our days off, there is just so much more to do in the city. There's a great community atmosphere at Eureka and we've made some good friends here.

"They tell us the cost of building has gone up about 80 per cent since we bought. And in any future picture of Melbourne, you'll see the Eureka Tower like an icon." He's satisfied that the penthouse has been a "red hot investment".



What makes a great penthouse?

What exactly is a penthouse these days?

According to agents Robert I. Mitchelson and Brett Jarvis, definitions have become a bit elastic.

Once defined as the large, luxurious apartment at the top of the building, a "penthouse" now embraces any large apartment high up in the building.

A sub-penthouse used to be on the floor below the penthouse. Now it includes floors near the top of a tall building, with apartments offering penthouse-style trappings of spaciousness, luxurious finishes and desired location.

Buyers prefer apartments of more than 300 square metres, including plenty of living space. Formal rooms are not a priority and neither is a separate kitchen but sheltered, wide terraces and sweeping views are.

Ideally those views should be on the north-east away from south-west winds and fierce west summer sun.

Mr Mitchelson has had buyers fleeing winds - so strong in parts of Port Melbourne and Docklands that they have had to tie the outdoor furniture down so it didn't blow away - to the more sedate surroundings of St Kilda Road and Southbank.

Most buyers are not height-phobic, even in apartments with walls of floor-to-ceiling glass. "Some of the elderly might worry," Mr Mitchelson says. "But with time you don't even think about it."

Monday, June 25, 2007

Melbournes winter is hot

Woodards Ruth Roberts. Caulfield auction. Property on the market at 750K sold $895K.

Buxtons Craig Williamson. Reported fierce competition for an ordinary house with a quirky layout on the wrong side of the street. The house, at 12 Huntley Road Bentleigh, sold for $760K, 100K above the reserve.

Craig said there had been 23 requests for contracts, and six bidders competed furiously. 23 requests!!

"South facing, main roads, railway lines, quirky floor plans - it's like "who cares?" he siad. "Its creating real estate heaven."

Thursday, June 21, 2007

247Legal - digital conveyancing for vendors & clients





247Legal is digital conveyancing. Its makes the conveyancing process simple to follow. Its online. Its interactive. You can follow the progress of your file online. The information is shared with your agent making their job of selling easier.

Wednesday, June 20, 2007

NZ - conveyIT partners with Fairfax Trade Me

The national network of property conveyancers, conveyIT, is now in partnership with New Zealand’s largest online marketplace Trade Me, to provide legal information to Trade Me property buyers.

Property listings on Trade Me have a direct link to conveyIT for purchasers seeking advice. The website also contains a network of local firms throughout the country that will provide property conveyancing for Trade Me members.

Tony Southall, chair of Gibson Sheat Lawyers – the law firm behind the development of the conveyIT system – says, “Increasingly, people are conducting their property transactions over the net, so it is important that legal information is as accessible as the property listings”.

Trade Me Property is the most visited real estate website in New Zealand and currently has over 38,000 properties listed, with an estimated 100,000 listings across New Zealand to appear over the next year.

Trade Me general manager Sam Morgan says conveyIT was selected for its “obvious commitment to eCommerce”.

“The conveyIT website gives the Trade Me community of 1.6 million users a source of free legal information and access to lawyers in their area.”

Sunday, June 17, 2007

Telstra wants out of the Trading Post

Print can't compete with online ad sites
The Age online
James Kirby
June 17, 2007

Three years after Telstra paid a pricey $636 million for the publication, it has put the business back on the block and it will be lucky to cover its costs.

At first glance, it's another flop from Telstra (in this case its directory business, Sensis) but who could have known three years ago that the internet would not just threaten print media in the "non-journalism" categories but beat it out the door.

In the world of job ads, real estate ads, exchange and mart classifieds, such as those in The Trading Post, a whole generation has popped up that would not dream of waiting for a weekly magazine.

They move instantly — and they move online. Telstra's shift into "media without journalists" — as the purchase of The Trading Post was considered in 2004 — was much riskier than buying, say, the Packer group's magazine stable.

With the planned sale of The Trading Post, Telstra is acknowledging it does not have the expertise in traditional media to recreate the publication as a successful print/online hybrid, which it must become to survive.

The 7 per cent drop in interim revenues at The Trading Post in the six months to December is inexcusable. No wonder Telstra CEO Sol Trujillo pulled the trigger. He is much more excited by new media ventures such as SouFun.com, the real-estate website Telstra owns in China that is everything The Trading Post is not — new, exclusively online, low-cost and free of baggage.

The sale of the Packer group's Australian media interests is a sign that shifting traditional media assets into an online environment quickly is too hard. However, Packer's buyers, private equity group CVC, clearly have no fear.

Telstra might not look too clever when it sells The Trading Post. But at least Telstra knows what it doesn't know.

Dont qualify for a loan - turn to the web for help

New York Times
By JULIE CRESWELL
Published: June 16, 2007

Want to buy a home, but hampered by bad credit, an empty bank account or no job? No problem!

That may sound like an exaggeration of a late-night infomercial. But it is, in effect, the pitch that a number of Web sites are making to consumers, saying insolvent home shoppers can be made to look more attractive to lenders.

The sites, for example, offer better credit scores by hitching customers to a stranger’s credit card, or providing them pay stubs from a bogus company. One has even offered a well-stocked bank account to rent for a month or two.

Industry experts say these sites, which are relatively new, played a role in fueling the rampant mortgage fraud that has caused a huge spike in loan defaults in recent months because people bought homes they could not afford.

“There is a whole underground world — an online cottage industry — that has grown up that allows anyone to commit mortgage fraud,” said Constance Wilson, executive vice president at the financial fraud detection firm Interthinx.

Regulators and the mortgage industry are now vowing to crack down on aggressive lending practices that have led to a rising number of foreclosures. But that greater scrutiny, including lenders requiring more documentation than they have in the past, may actually increase demand for some of the services that these Web sites offer.

“We think these types of Web sites are increasing,” said Frank McKenna, chief fraud strategist at BasePoint Analytics, which helps banks and mortgage lenders identify fraudulent transactions.

Policing them is difficult, partly because it is unclear which laws, if any, the Web sites might be breaking (for their customers, though, the laws are clear — anybody who uses fake paycheck stubs or other false documents to misrepresent financial status to a bank or mortgage lender is committing fraud).

The people who operate these sites can also be hard to track down. At the first whiff of trouble, they can easily shut down and then quickly start a new Web site with a different name.

No statistics exist on the number of these Web sites and how many people use them, or whether any of the operators of such sites have been prosecuted.

An examination of loans made last year, including prime and subprime, in which some sort of fraud occurred, showed that incidents of false tax or financial statements had risen to 27 percent from 17 percent in 2002; fraudulent verifications of deposit had climbed to 22 percent from 15 percent four years ago; and false credit reports rose to 9 percent from 5 percent in 2002, according to a report issued this spring by the Mortgage Asset Research Institute based in Virginia.

If any documents were required, it was unclear whether the bogus documents were created by do-it-yourselfers or whether they turned to the products and services sold over the Internet.

Still, Joan E. Ferenczy, director of institutional investigations at Freddie Mac, said there had been a growing discussion in recent months among industry investigators about Web sites offering false identifications and income statements.

“Either it has been underground all along, or there has been a spike of activity there,” she said.

One service that appears to have grown exponentially in recent months, investigators say, are sites that offer to improve an individual’s credit score by adding them onto the credit cards of individuals with good credit scores and histories.

The practice, known as piggybacking, started innocently enough with individuals adding their spouses or children to their credit card accounts as authorized users.

One site, RaiseCreditScoreNow .com, offers to add a person to four separate $20,000 credit lines with 10 years of “perfect payments” for $4,000 (although they do not have access to the actual credit line). Doing so could increase an individual’s credit score by as much as 200 points in 90 days, the site says, and make the difference between qualifying for a home loan or not.

People with strong credit scores and a reliable payment history of at least 24 months on various credit accounts can be paid up to $1,000 for each person they add to the account as an authorized user, the site offers.

Several lawyers said it was unlikely that this practice was illegal, although many warned it could open the person renting out their credit card lines to fraud or identify theft. Attempts to contact the Web site were unsuccessful.

Another company, which operates SeasonedTradeLines.com, claims on its site to have an inventory of more than 100 real, verifiable credit card accounts with perfect payment histories dating back to 1974. The site asks: “How would your life be different with a 700+ credit score?”

A person answering the phone at the company declined to comment. “I’m not going to answer any questions,” he said. “I’m not going to give out any information.”

Last week, the Fair Isaac Corporation, the company that developed FICO credit scores, said it was trying to shut down piggybacking.

Starting in September, Fair Isaac said people who were added to someone else’s credit line would not benefit from the secondhand credit history in its formula, which is used by the three major credit bureaus.

“There is going to be no way to get around the new system,” said Ron Totaro, vice president for global scoring solutions at Fair Isaac.

One Web site that prompted mortgage regulators in Nevada to issue an alert to consumers and the mortgage industry two years ago offered to set up a bank account that could be “rented out” and verified to creditors or lenders at a cost of about 5 percent of the value of the assets. The people renting the assets did not actually have access to them.

While that site has disappeared, fraud experts say others have moved in to replace it.

“We’re seeing now a lot of checking accounts where funds are going in and out,” said Mr. McKenna of BasePoint. “Borrowers begin the month with $4 in the account and end the month with much, much more.”

Other sites offer help to people who need proof that they are working.

For $55, for example, the company that operates VerifyEmployment .net will ostensibly hire a person as an independent contractor, providing a paycheck stub showing an “advance,” with the corporate name and address. Another $25 will assure telephone verification of employment when a lender calls to check.

Sunday, June 10, 2007

Web to lead (test)








First Name :

Last Name :

Email :

Phone :

Property :

Matter :

Instructions :








Houses with a past

Does Ontario need a law requiring real estate agents or sellers to disclose whether a home being sold has a history of violence?

The question arises in the wake of the publicity surrounding the sale of a house in rural Lake County, Fla., last month. On May 5, when John and Kathy Johnson and their 24-year old daughter Christina began to move into the $227,000 house they had just bought, they were shocked to learn from a neighbour that the Greenbrier St. residence was the scene of a grisly triple murder and suicide.

Back in February 2006, local police officer Michael Mount shot his estranged wife Kim, fellow officer Joe Gomez and Gomez's wife Serena in a jealous rage, before turning the gun on himself.

Six-year old Justin Gomez inherited the house. His maternal grandmother, Debra James, represented the estates of her daughter and son-in-law. She listed the house with Larry Beard, owner of Beard Pippin Properties Inc.

James specifically instructed Beard not to reveal details of the murders and suicide to potential buyers. A Florida state law allows real estate companies to withhold details about a house if they would tend to stigmatize the property.

That law says that the fact that a property was the site of a homicide, suicide or death is not a material fact that must be disclosed in a real estate transaction.

Since the purchasers were moving into the area from another part of Florida, they were not aware of the home's grisly history.

The Johnsons have decided not to move into the house, and have put it back on the market. Relying on an old Catholic tradition that purports to speed the sale of real estate, they buried a statue of St. Joseph in the yard.

"There was no way we could ever stay here," Kathy Johnson told a local newspaper. "It would be like living in a morgue."

Events such as homicides, suicides and deaths, or even the allegation that a house is haunted have been known to affect the value of a property.

The National Association of Realtors in the U.S. requires its members to reveal all material factors that might affect the desirability of a house, but psychological factors are a grey area.

In a study published in 2000, James Larsen, a professor at Wright State University in Ohio, surveyed more than 100 stigmatized houses, including those associated with murders, sex scandals, suicides and hauntings.

Ohio does not have a law requiring disclosure of real estate stigmas, and Larsen discovered that disclosure practices varied widely. More than one-third of the surveyed brokers disclosed relevant information to all potential purchasers, but 19 per cent never disclosed the information at all.

Larsen's study concluded that stigmatized homes sold for just 3 per cent less than those not associated with scandal or violence, but stayed on the market for 45 per cent longer than average.

American law books are filled with reports of cases involving the lack of disclosure of property stigmas. Typically, the vendors and the real estate agents get sued by unhappy buyers. About half of the U.S. states have disclosure laws, and the other half do not.

Toronto real estate appraiser and educator Barry Lebow is a frequent lecturer on haunted and stigmatized houses.

As the unknowing former buyer of a house that was the site of a messy suicide, Lebow believes Ontario law should protect buyers and require disclosure.

"Quebec has disclosure laws," he told me, "while to the best of my knowledge the rest of the country is a free-for-all."

Frequently, says Lebow, the realtor becomes the "fall guy" for failing to disclose the history of a house, even if the seller is not totally honest with the listing agent.

He called on Queen's Park to enact a law requiring vendor disclosure of events that could stigmatize property.

Perhaps there should even be a registry of stigmatized properties. After all, the Toronto police maintain a list of marijuana grow operations, but not (to my knowledge) a list of the local homes that have been the sites of suicides, murders or other grisly crimes.

In the meantime, for most buyers of stigmatized homes in this province, Ontario law remains "buyer beware."

Wednesday, May 30, 2007

EC Stage 2

Stage 1 update
Stage 1 pilot is in full swing with all financial institutions who signed up to the EC Pilot having formally subscribed and using the system to process transactions.
At the start of April, Stage 1 will have been in production for over seven months. There have been 354 discharges of mortgage created and 346 of these transactions have been processed through to the Victorian Land Registry.
Release 1.2 was deployed on 14 May 2007 and allows subscribers to create new mortgages through EC.

Stage 2 preparations
Planning and preparation for the next phase of the Victorian Electronic Conveyancing pilot is continuing. Stage 2 will include financial settlement via the Financial Settlement Manager including the calculation and payment of duty to the State Revenue Office.
Rick Dixon (EC Project Manager) and Victorina Pena (EC Implementation Manager)recently visited solicitors and conveyancers in Geelong and Traralgon involved in the Stage 2 pilot. Participants are enthusiastic and looking forward to trialling the system in their geographic regions.

To prepare for Stage 2, a combined meeting between the Financial Institutions Operations Group (FIOG) and the Solicitors and Conveyancers Advisory Forum (SCAF) was held on the 18 April 2007. A demonstration of the stage 2 system was provided to the group. The meeting allowed participants to discuss common and interrelated
approaches and issues.

THe proposed start date is 16 November 2007

Source EC Express

Monday, May 28, 2007

Permit debacle may leave owners high and dry

THOUSANDS of building permits issued in Victoria over the past five years are believed to be invalid.

The revelation raises fears that many properties could be illegally occupied, not covered by insurance, and in some cases unlawfully bought or sold.

Industry sources say the discovery — which is expected to cost the Building Commission millions to rectify — is being covered up, with the commission playing down the debacle as a "paperwork issue".

The Age has been told that permits issued for new homes, renovations, sheds, swimming pools and spas in up to 60 local government areas are believed to be invalid, possibly affecting more than 3000 property owners. In some cases, the permits have never been finalised.

Building permits for public housing properties may also be in doubt, sources claim.

The Building Commission announced last week that it had suspended a building inspector for unprofessional conduct, following "an investigation into the alleged issuing of irregular building permits".

A statement claimed his suspension related to 785 permits issued by a now defunct Cranbourne company, Casey Building Services, between September 2005 and August 2006. But sources have told The Age that this was a conservative estimate. The commission alleges that during the 11-month period a building inspector, Geoffrey "John" Chambers, signed-off on several occupancy permits (also known as final certificates) without authorisation.

The permits are required to show that the building works have been completed in accordance with the stamped plans and Australian standards.

They can be signed only by the relevant building surveyor appointed at the project's outset.

But when Casey Building Services' surveyor ceased working at the company after a stroke on September 4, 2005, Mr Chambers is alleged to have signed the documents on his behalf. A local government planning officer raised the alarm after seeing an unfamiliar signature above the surveyor's name.

The commission's investigation into Mr Chambers has also revealed that final permits for many jobs have never been completed.

After his suspension, doubts have been raised within the industry about whether any of the jobs that Mr Chambers approved were ever inspected at all. One source said the debacle was likely to have huge ramifications for the building industry, because without the appropriate paperwork, the properties should not be occupied.

One surveyor, who did not want to be named, expressed concerns that some of the affected properties might have also been illegally sold, considering invalid permits formed part of the section 32. He said this also meant properties might not be covered by insurance if, for instance, the structures fell down.

Mr Chambers was charged by the Building Commission in 2003 for operating a company that provided surveyor services without having a surveyor as a director.

He appointed a surveyor as a director and the matter was dropped.

He was this week served with documents to appear before the Building Practitioner's Board on June 4 for a preliminary hearing. He declined to comment on the allegations.

Building Commissioner Tony Arnel last week assured those involved that they would not be disadvantaged by the mess.

He said the commission would provide householders and builders with free advice, inspections and reports and would meet the costs of issuing new building permits if they were needed. He said the irregularities related to "paperwork issues", and there was no reason to believe that the actual building work was substandard or dangerous.

A commission spokeswoman has since said builders and householders who had dealt with Mr Chambers in good faith were assured the discrepancies would not affect the use of their properties or insurance. A Building Commission hotline has been set up for anyone seeking more information. Phone 1300 360 320

The Age
28 May 2007
Andrea Petrie

Saturday, May 26, 2007

92% of consumers use real estate websites to look for property

Shaun Di Gregorio, General Manager–Australia & New Zealand of realestate.com.au offers tips to marketing your property online.

The growth of Perth house prices maybe showing signs of slowing but the number of properties for sale is definitely not. The West Australian market is rich with listings and this can make it tough for sellers to stand out amongst a crowded market.

Standing out from the pack is key when trying to sell property in a competitive market. Choosing an agent who advertises on the Internet is the best starting point. According to Nielsen//NetRatings’ The Australian Property Search Report’ 92% of consumers use real estate websites to look for property and cited them as ‘the most useful resource’.

But remember, not all internet advertising is the same. Make sure your agent advertises on one or more of the most popular sites to maximise exposure. This means a site that reaches local, state, national and international audiences.

Once the property is listed online, encourage your agent to include as much information about the property as possible.
Our research indicates that buyers like to see:
  • detailed descriptions
  • as many high quality photos as possible
  • accurate floor plans and
  • virtual tours


Be honest about the price you are seeking. In a recent survey by realestate.com.au, 92 per cent of people said they would be unlikely to enquire about a property with no price indication. Price on application (P.O.A) is a confusing term that either shows the property is too highly priced, or there is something to hide. Similarly, avoid using broad price ranges like $400-$550,000.

As simple as it sounds, ensure that the complete address is detailed. This is really important for potential interstate and international buyers so they can assess the location’s suitability. It also gives local buyers an opportunity to drive past the property and rule it in or out of the shortlist.

Remember, internet users are information hungry.

Your agent can also take some extra steps to give your property a higher profile. For example, if your agent advertises on realestate.com.au, ask if your home can become a “featured property.” This is an inexpensive option that highlights your property graphically and ensures you receive three to four times the property views.

Database marketing is another good option for ensuring everyone sees your property. Seek out agents that send e-brochures and eAlerts to property seekers who have registered to receive information on news listings. This approach will help target potential buyers who have expressed an interest in a property like yours.

While driving bulk visitors to online listings sounds impressive, it's the quality of these leads that counts. As a vendor, you want to know where the enquiries are coming from. Are most of your enquiries coming from the Internet? Are they coming from the Sale board? Speak to your agent about how you can maximise your on going advertising and the response rate. More importantly, are you spending your advertising dollars where the most enquiries are coming from?

These basic tips are cost effective and really work.

Source realestate.com.au

Question to the House on Electronic Conveyancing

Question Without Notice in the Victorian Legislative Council to the Minister for Planning concerning electronic conveyancing.

24 May 2007 COUNCIL

Mr TEE (Eastern Metropolitan) -- My question is to the Minister for Planning. Can the minister advise the house how the $6 million in funding for electronic conveyancing will position Victoria as a leader in streamlined property transactions, reduce the regulatory burden for business and the community and minimise costs to business?

Hon. J. M. MADDEN (Minister for Planning) -- I thank Mr Tee for his question because I know he has a specific interest in this area. No doubt people in this chamber would appreciate that the budget provided a huge $1.5 billion commitment to maintaining Victoria's competitive business environment. Not only has land tax been slashed but WorkCover premiums have been cut by 10 per cent, providing immediate and obvious benefits for investment in Victoria.
I am delighted to advise the house that this budget provides $6 million to complete the development of and to switch on our new electronic conveyancing system to support faster, more efficient property settlements. Cutting red tape is imperative for business and the community and is a hallmark of this government. Cutting business costs is an integral part of supporting economic growth.
We appreciate that the small business statement released by the Bracks government in August 2006 commits to the reduction of red tape by 25 per cent over the next five years. This government has consistently stripped away layers of unnecessary and time-wasting processes to allow Victorian businesses to remain competitive.
The introduction of electronic conveyancing for property transactions is part of our very clear intention to cut red tape in business.
It puts Victoria at the forefront of the Australian states and indeed makes it a world leader in financial property settlement and lodgement of land transfers and mortgages.
Financial institutions like Westpac, ANZ, Commonwealth Bank, National Australia Bank, Macquarie Bank and Bendigo Bank are already using mortgage transactions as part of the electronic conveyancing system.
Even greater benefits will emerge in stage 2, and that will do away with the paper shuffle that often goes on with these transactions where a number of parties have to come together and shuffle papers in order to settle a transaction. This will mean a saving on average of up to $395 per four-party settlement on an average saving of up to $108 for each vendor and purchaser.
That might not seem a lot on each transaction, President, but let me reinforce that more than $70 million of annual savings for the industry and community are forecast from this initiative. The Bracks government recognises the challenges of the future, and we are delivering on our promises to reduce cost to business and invest in services that matter to Victorian businesses -- and all that will flow on to jobs and make Victoria a great place not only to do business but to live, work and raise a family.

Extract from Hansard

Wednesday, May 23, 2007

ANZ to end paper loan trail

ANZ customers will be able to track their home loan applications online from initial form-filling to settlement of funds in their accounts as the bank becomes the first Australian major to take its mortgage operations completely electronic.
The technology will slash the 4.7million pieces of paper a year generated as part of ANZ's credit approval process.

The $70 million investment will cut the time taken to process a loan from up to a week to two days, and in theory will avoid the need for two million telephone inquiries a year relating to the status of loan applications.

Once the process is automated, a "small" proportion of about 900 back-office mortgage jobs would be sent to Bangalore in India, ANZ mortgages managing director Michael Rowland said yesterday.

The system involves the use of imaging technology, rather than paper, to digitise the mortgage process. But unlike low-doc loans, supporting documentation such as proof of earnings will still be required.

Mr Rowland said the technology had been successfully introduced by banks offshore, which were keen to reduce their costs, add to their range of products and make the mortgage approval process more efficient.

"This is a big change, because fundamentally the system now is paper-based," Mr Rowland said.

"If we don't do this, we won't be competitive; our profit margins continue to decline in mortgages, which is close to being the most competitive part of retail banking.

"International players like GE, BankWest and ING are playing very heavily in this space," he said. ANZ would be the only bank of the Big Four to fully automate all its mortgage processing.

This would enable work currently performed in Australia to be done offshore.

There are 1500 people employed in ANZ's mortgage area. The final number of jobs to be sent offshore was yet to be determined, Mr Rowland said, but the employees affected would be retrained and redeployed.

A number of big corporations with large customer bases, including all the major banks except the Commonwealth, are "offshoring" jobs, despite a vigorous campaign by the Finance Sector Union to keep the work at home.

Unlike business rivals that outsource to specialist firms overseas, ANZ has a company-owned facility in Bangalore. There the bank employs 1700 Indians on the same terms and conditions, but significantly less pay, than Australian workers would receive.

The Australian - news.com.au
By Richard Gluyas
May 15, 2007

This is huge news. The banking and mortgage processing system has been crying out for news like this.
A few questions

  1. when will this be implemented?
  2. will the customer's legal representative be part of the loop?
  3. what about introducing a digital loan?

But $70M. Does it really cost this much to implement change?

Back end settlements has been and still is the bane of the conveyancing industry. The ANZ initiative is long overdue but welcome announcement. I for one would refer more business to the ANZ and I would expect that brokers would also welcome the change and refer more loans as a result. As the ANZ claims it reduces the bank end cost but I would expect ANZ's market share will increase as well. I trust the other banks will follow.

Friday, May 18, 2007

South Australia - not to be left behind

Readiness Planning for NECS

Land Services Group of the Department for Administrative and Information Services has undertaken extensive consultation with stakeholders on the concept of electronic conveyancing in South Australia. This consultation undertaken as part of the land administration reform program ATLAS culminated in the publishing of a “Proposal for Digital Conveyancing in South Australia” in late 2004. Key actions identified in the proposal as necessary prior to the introduction of Electronic Conveyancing were:

* The removal of the Duplicate CT
* Implementation of Priority Notices
* Reforms to witnessing and Identification procedures
* Implementation of Dual Certification
* Introduction of Agency Agreements

Legislative changes to the Real Property Act to allow for electronic conveyancing have also been identified and forwarded for drafting.

This item appeared on the NECS pages

HIPs - marketing materials for launch

If you want to reference the marketing materials used for Home Information Packs

Link here

June 1 - UK HIPS going live including Energy Performance Certificates

May 17. London House Commons Debate on HIPs, Housing Minister Yvette Cooper strongly defended HIPs and the importance of including Energy Performance Certificates (EPCs), saying they are vital in helping to tackle climate change while the packs give house-buyers more information upfront about their new home and cut costs for first-time buyers.

Yvette Cooper said:

“The only new document that is being added to the process is the Energy Performance Certificate. The certificates will give people’s homes an energy rating for the first time. They will give people not only the rating on their home but information on what they can do about it — what their fuel bills are likely to be and how they can cut them.

“The remaining elements of HIPs are the legal and search documents that one already needs when buying and selling a home, but they will be gathered at the beginning rather than the end of the process, to speed things up and improve competition. For many of us, buying and selling a home is a baffling process. There can be huge delays between offer and exchange. In complex chains, that can mean that sales fall through. Most people will struggle to keep track of what services they are getting and paying for. HIPs will make the process much clearer and faster”.


There's a message here for Victoria - surely we need to be debating the introduction of such a measure, both energy and water savings audits.

Wednesday, May 16, 2007

Iacocca - Where have all the leaders gone?

Referring to the mess in US politics, Iacocca asks "Why are we in this mess?"

How did we end up with this crowd in Washington? Well, we voted for them—or at least some of us did. But I'll tell you what we didn't do. We didn't agree to suspend the Constitution. We didn't agree to stop asking questions or demanding answers. Some of us are sick and tired of people who call free speech treason. Where I come from that's a dictatorship, not a democracy.

And don't tell me it's all the fault of right-wing Republicans or liberal Democrats. That's an intellectually lazy argument, and it's part of the reason we're in this stew. We're not just a nation of factions. We're a people. We share common principles and ideals. And we rise and fall together.

Where are the voices of leaders who can inspire us to action and make us stand taller? What happened to the strong and resolute party of Lincoln? What happened to the courageous, populist party of FDR and Truman? There was a time in this country when the voices of great leaders lifted us up and made us want to do better. Where have all the leaders gone?

The Test of a Leader

I've never been Commander in Chief, but I've been a CEO. I understand a few things about leadership at the top. I've figured out nine points—not ten (I don't want people accusing me of thinking I'm Moses). I call them the "Nine Cs of Leadership." They're not fancy or complicated. Just clear, obvious qualities that every true leader should have. We should look at how the current administration stacks up. Like it or not, this crew is going to be around until January 2009. Maybe we can learn something before we go to the polls in 2008. Then let's be sure we use the leadership test to screen the candidates who say they want to run the country. It's up to us to choose wisely.

So, here's my C list:

A leader has to show CURIOSITY. He has to listen to people outside of the "Yes, sir" crowd in his inner circle. He has to read voraciously, because the world is a big, complicated place. George W. Bush brags about never reading a newspaper. "I just scan the headlines," he says. Am I hearing this right? He's the President of the United States and he never reads a newspaper? Thomas Jefferson once said, "Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate for a moment to prefer the latter." Bush disagrees. As long as he gets his daily hour in the gym, with Fox News piped through the sound system, he's ready to go.

If a leader never steps outside his comfort zone to hear different ideas, he grows stale. If he doesn't put his beliefs to the test, how does he know he's right? The inability to listen is a form of arrogance. It means either you think you already know it all, or you just don't care. Before the 2006 election, George Bush made a big point of saying he didn't listen to the polls. Yeah, that's what they all say when the polls stink. But maybe he should have listened, because 70 percent of the people were saying he was on the wrong track. It took a "thumping" on election day to wake him up, but even then you got the feeling he wasn't listening so much as he was calculating how to do a better job of convincing everyone he was right.

A leader has to be CREATIVE, go out on a limb, be willing to try something different. You know, think outside the box. George Bush prides himself on never changing, even as the world around him is spinning out of control. God forbid someone should accuse him of flip-flopping. There's a disturbingly messianic fervor to his certainty. Senator Joe Biden recalled a conversation he had with Bush a few months after our troops marched into Baghdad. Joe was in the Oval Office outlining his concerns to the President—the explosive mix of Shiite and Sunni, the disbanded Iraqi army, the problems securing the oil fields. "The President was serene," Joe recalled. "He told me he was sure that we were on the right course and that all would be well. 'Mr. President,' I finally said, 'how can you be so sure when you don't yet know all the facts?'" Bush then reached over and put a steadying hand on Joe's shoulder. "My instincts," he said. "My instincts." Joe was flabbergasted. He told Bush, "Mr. President, your instincts aren't good enough." Joe Biden sure didn't think the matter was settled. And, as we all know now, it wasn't.

Leadership is all about managing change—whether you're leading a company or leading a country. Things change, and you get creative. You adapt. Maybe Bush was absent the day they covered that at Harvard Business School.

A leader has to COMMUNICATE. I'm not talking about running off at the mouth or spouting sound bites. I'm talking about facing reality and telling the truth. Nobody in the current administration seems to know how to talk straight anymore. Instead, they spend most of their time trying to convince us that things are not really as bad as they seem. I don't know if it's denial or dishonesty, but it can start to drive you crazy after a while. Communication has to start with telling the truth, even when it's painful. The war in Iraq has been, among other things, a grand failure of communication. Bush is like the boy who didn't cry wolf when the wolf was at the door. After years of being told that all is well, even as the casualties and chaos mount, we've stopped listening to him.

A leader has to be a person of CHARACTER. That means knowing the difference between right and wrong and having the guts to do the right thing. Abraham Lincoln once said, "If you want to test a man's character, give him power." George Bush has a lot of power. What does it say about his character? Bush has shown a willingness to take bold action on the world stage because he has the power, but he shows little regard for the grievous consequences. He has sent our troops (not to mention hundreds of thousands of innocent Iraqi citizens) to their deaths—for what? To build our oil reserves? To avenge his daddy because Saddam Hussein once tried to have him killed? To show his daddy he's tougher? The motivations behind the war in Iraq are questionable, and the execution of the war has been a disaster. A man of character does not ask a single soldier to die for a failed policy.

A leader must have COURAGE. I'm talking about balls. (That even goes for female leaders.) Swagger isn't courage. Tough talk isn't courage. George Bush comes from a blue-blooded Connecticut family, but he likes to talk like a cowboy. You know, My gun is bigger than your gun. Courage in the twenty-first century doesn't mean posturing and bravado. Courage is a commitment to sit down at the negotiating table and talk.

If you're a politician, courage means taking a position even when you know it will cost you votes. Bush can't even make a public appearance unless the audience has been handpicked and sanitized. He did a series of so-called town hall meetings last year, in auditoriums packed with his most devoted fans. The questions were all softballs.

To be a leader you've got to have CONVICTION — a fire in your belly. You've got to have passion. You've got to really want to get something done. How do you measure fire in the belly? Bush has set the all-time record for number of vacation days taken by a U.S. President—four hundred and counting. He'd rather clear brush on his ranch than immerse himself in the business of governing. He even told an interviewer that the high point of his presidency so far was catching a seven-and-a-half-pound perch in his hand-stocked lake.

It's no better on Capitol Hill. Congress was in session only ninety-seven days in 2006. That's eleven days less than the record set in 1948, when President Harry Truman coined the term do-nothing Congress. Most people would expect to be fired if they worked so little and had nothing to show for it. But Congress managed to find the time to vote itself a raise. Now, that's not leadership.

A leader should have CHARISMA. I'm not talking about being flashy. Charisma is the quality that makes people want to follow you. It's the ability to inspire. People follow a leader because they trust him. That's my definition of charisma. Maybe George Bush is a great guy to hang out with at a barbecue or a ball game. But put him at a global summit where the future of our planet is at stake, and he doesn't look very presidential. Those frat-boy pranks and the kidding around he enjoys so much don't go over that well with world leaders. Just ask German Chancellor Angela Merkel, who received an unwelcome shoulder massage from our President at a G-8 Summit. When he came up behind her and started squeezing, I thought she was going to go right through the roof.

A leader has to be COMPETENT. That seems obvious, doesn't it? You've got to know what you're doing. More important than that, you've got to surround yourself with people who know what they're doing. Bush brags about being our first MBA President. Does that make him competent? Well, let's see. Thanks to our first MBA President, we've got the largest deficit in history, Social Security is on life support, and we've run up a half-a-trillion-dollar price tag (so far) in Iraq. And that's just for starters. A leader has to be a problem solver, and the biggest problems we face as a nation seem to be on the back burner.

You can't be a leader if you don't have COMMON SENSE. I call this Charlie Beacham's rule. When I was a young guy just starting out in the car business, one of my first jobs was as Ford's zone manager in Wilkes-Barre, Pennsylvania. My boss was a guy named Charlie Beacham, who was the East Coast regional manager. Charlie was a big Southerner, with a warm drawl, a huge smile, and a core of steel. Charlie used to tell me, "Remember, Lee, the only thing you've got going for you as a human being is your ability to reason and your common sense. If you don't know a dip of horseshit from a dip of vanilla ice cream, you'll never make it." George Bush doesn't have common sense. He just has a lot of sound bites. You know—Mr.they'll-welcome-us-as-liberators-no-child-left-behind-heck-of-a-job-Brownie-mission-accomplished Bush.

Former President Bill Clinton once said, "I grew up in an alcoholic home. I spent half my childhood trying to get into the reality-based world—and I like it here."

I think our current President should visit the real world once in a while.

The Biggest C is Crisis


Leaders are made, not born. Leadership is forged in times of crisis. It's easy to sit there with your feet up on the desk and talk theory. Or send someone else's kids off to war when you've never seen a battlefield yourself. It's another thing to lead when your world comes tumbling down.

On September 11, 2001, we needed a strong leader more than any other time in our history. We needed a steady hand to guide us out of the ashes. Where was George Bush? He was reading a story about a pet goat to kids in Florida when he heard about the attacks. He kept sitting there for twenty minutes with a baffled look on his face. It's all on tape. You can see it for yourself. Then, instead of taking the quickest route back to Washington and immediately going on the air to reassure the panicked people of this country, he decided it wasn't safe to return to the White House. He basically went into hiding for the day—and he told Vice President Dick Cheney to stay put in his bunker. We were all frozen in front of our TVs, scared out of our wits, waiting for our leaders to tell us that we were going to be okay, and there was nobody home. It took Bush a couple of days to get his bearings and devise the right photo op at Ground Zero.

That was George Bush's moment of truth, and he was paralyzed. And what did he do when he'd regained his composure? He led us down the road to Iraq—a road his own father had considered disastrous when he was President. But Bush didn't listen to Daddy. He listened to a higher father. He prides himself on being faith based, not reality based. If that doesn't scare the crap out of you, I don't know what will.

A Hell of a Mess


So here's where we stand. We're immersed in a bloody war with no plan for winning and no plan for leaving. We're running the biggest deficit in the history of the country. We're losing the manufacturing edge to Asia, while our once-great companies are getting slaughtered by health care costs. Gas prices are skyrocketing, and nobody in power has a coherent energy policy. Our schools are in trouble. Our borders are like sieves. The middle class is being squeezed every which way. These are times that cry out for leadership.

But when you look around, you've got to ask: "Where have all the leaders gone?" Where are the curious, creative communicators? Where are the people of character, courage, conviction, competence, and common sense? I may be a sucker for alliteration, but I think you get the point.

Name me a leader who has a better idea for homeland security than making us take off our shoes in airports and throw away our shampoo? We've spent billions of dollars building a huge new bureaucracy, and all we know how to do is react to things that have already happened.

Name me one leader who emerged from the crisis of Hurricane Katrina. Congress has yet to spend a single day evaluating the response to the hurricane, or demanding accountability for the decisions that were made in the crucial hours after the storm. Everyone's hunkering down, fingers crossed, hoping it doesn't happen again. Now, that's just crazy. Storms happen. Deal with it. Make a plan. Figure out what you're going to do the next time.

Name me an industry leader who is thinking creatively about how we can restore our competitive edge in manufacturing. Who would have believed that there could ever be a time when "the Big Three" referred to Japanese car companies? How did this happen—and more important, what are we going to do about it?

Name me a government leader who can articulate a plan for paying down the debt, or solving the energy crisis, or managing the health care problem. The silence is deafening. But these are the crises that are eating away at our country and milking the middle class dry.

I have news for the gang in Congress. We didn't elect you to sit on your asses and do nothing and remain silent while our democracy is being hijacked and our greatness is being replaced with mediocrity. What is everybody so afraid of? That some bobblehead on Fox News will call them a name? Give me a break. Why don't you guys show some spine for a change?

Had Enough?

Hey, I'm not trying to be the voice of gloom and doom here. I'm trying to light a fire. I'm speaking out because I have hope. I believe in America. In my lifetime I've had the privilege of living through some of America's greatest moments. I've also experienced some of our worst crises—the Great Depression, World War II, the Korean War, the Kennedy assassination, the Vietnam War, the 1970s oil crisis, and the struggles of recent years culminating with 9/11. If I've learned one thing, it's this: You don't get anywhere by standing on the sidelines waiting for somebody else to take action. Whether it's building a better car or building a better future for our children, we all have a role to play. That's the challenge I'm raising in this book. It's a call to action for people who, like me, believe in America. It's not too late, but it's getting pretty close. So let's shake off the horseshit and go to work. Let's tell 'em all we've had enough.

Excerpted from Where Have All the Leaders Gone?. Copyright © 2007 by Lee Iacocca. All rights reserved.

I haven't read the book, but Iacocca certainly is pissed off with the current leadership in the US, both GWB and Congress. In this excerpt he is letting off steam. But as for solutions I guess he is suggesting you need leadership and leadership that follows Lee's gospel of the 9Cs. As for the US it is stuck with GWB til Jan09.

Tuesday, May 15, 2007

ANZ looks to back office savings in mortgage processing

AN industry-wide crunch in home-lending profit margins has led ANZ to embark on a three-year program to automate its mortgage processing operations.

The $70 million program will enable ANZ to offshore a "small" proportion of around 900 back-office jobs in the mortgage area to Bangalore in India, where the bank has its own facility.

In the half-year to March, ANZ gave up four basis points of home-lending margin at a cost to group profit of $40 million.

"We have to get a lot of that back," ANZ managing director mortgages Michael Rowland said.

"We're still working through how much we will get back, but there's a reasonable amount of cost savings in it."

As lending volume turns down and competition intensifies, the big banks are increasingly looking to offshoring and big-ticket information technology projects to cut costs and maintain profit growth.

While other banks too had automated part of their mortgage processing function or other areas of their operations, Mr Rowland claimed ANZ was the industry leader in "end-to-end" transformation.

Apart from cost reduction, Mr Rowland said the new platform would enable better management of higher mortgage volumes, as well as deliver new products more quickly.

The automation part of the project, involving greater use of imaging rather than paper processing to digitise the mortgage process, will absorb most of the $70 million.

But ANZ will also use so-called Six Sigma** management techniques to make the process more efficient and reduce multiple handling of documents.

The time taken to fully process a mortgage from application to settlement of funds in the customer's account will be cut from up to a week*** to two days.

Source The Australian IT
By Richard Gluyas
May 15, 2007

** Six Sigma is a system of practices originally developed by Motorola to systematically improve processes by eliminating defects. Defects are defined as units that are not members of the intended population. Since it was originally developed, Six Sigma has become an element of many Total Quality Management (TQM) initiatives.

Source Wikipedia

*** Where does the writer get the statistic to quote a mortgage can be processed in a week from application to money in the account. I have been doing conveyancing for long enough to know a furphy when I see one!!

Standards win for property market

A NATIONWIDE electronic platform for real estate conveyancing is a step closer following an agreement by the Lending Industry XML Initiative (LIXI) to develop common data standards.

National Electronic Conveyancing Office executive director Simon Libbis said LIXI's involvement was crucial for the project's success.

"It is invaluable to have data standards that are consistent with those currently used in mortgage processing," Mr Libbis said. "We are very pleased to have LIXI's expertise available to us for e-conveyancing."

NECO is a co-operative venture between state government agencies, conveyancers, banks and independent mortgage processors, which aims to build an electronic exchange by 2010.

The platform will provide a convenient means of handling changes in property ownership, payment of government duties, and lodging details with state land registries.

LIXI was set up in 2000 as a non-profit industry group with the aim of developing software standards for data exchange across the lending market.

LIXI chief executive Socrates Vasiliadis said the agreement validated the group's work and delivered value to members.

"This project will change the way transfers of property ownership are managed, and simplify the settlement process," he said.

The Australian IT Section
Karen Dearne
MAY 15, 2007

Sunday, May 13, 2007

Young Lawyers Journal - Climate Change Issue

The Young Lawyers Section of the Law Institute of Victoria devoted an entire edition to addressing the monumental questions of climate change. The editors published a contribution

Conveyancing - its impact on climate change

Paper feeds the conveyancing and mortgage industry. We know we feel a pang of guilt when we hit the print button or copy and collate five times the 100 page vendor statement for the sale of another apartment in Southbank. The agent then makes further copies to hand out to prospective buyers. There just seems to be an insatiable cycle of wasted paper in the endless grind of the property and mortgage industry. In Victoria, it is a sobering to think that residential conveyancing consumes at least 52 km of paper every year.

By comparison, former federal Human Services Minister Joe Hockey said his department would look at destroying 275km of paper records held by Centrelink and three square kilometres of Medicare records as part of the access card project to digitise all its paper-based records.

The National Electronic Conveyancing System is coming and that will mean no more physical settlements and no more over-the-counter stamping and registration of the transfer and mortgage. But this will not put an end to the paper warfare. We will still have the requirement of the vendor statement, the contract of sale, the mortgage and documenting the loan contract.

But can we change? What changes can we make, collectively, as an industry to reverse the trend? The legal office is often just a great big paper processing machine. It receives, files, retrieves, creates, file notes, collates, copies, distributes and archives paper - piles of it. While the term the "paperless office" was coined in the 80s with the advent of the PC and the word processor, these tools actually spurred an addiction to paper. We now have the tools available to create "digital paper". PDF technology is the new environmentally-friendly digital paper.

Can we make conveyancing and mortgage processing an entirely digital process, not unlike share trading and the money markets that turnover billions daily? The answer is an emphatic Yes.

Canada and New Zealand may have led the way for electronic registration of land dealings, but Victoria is leading the way forward for online electronic settlements. A Victorian-based company 247legal.com.au has developed the first web-based delivery of vendor statements and contract documentation. The system is fully automated and saves time and money. Our firm has been using the systems for the past 24 months. True to the firm's roots to develop an ethically-based conveyancing practice, it does not possess a photocopier. Our costs are down and our revenues have grown exponentially.



The company 247legal.com.au provides an excellent forum to develop the concepts of digital conveyancing. The vendor disclosure concepts are well and truly proven. The next step would be having the purchaser electronically acknowledge receipt of the vendor statement, without actually ever having to print and physically sign the document.

There are not really any regulatory barriers to doing this, just years of entrenched practices of vendors and buyers signing physical documents. Introducing such changes is beyond the efforts of any individual. What is required is a quorum of lawyers to get together and initiate change. A group of like-minded young lawyers seeking change would be the ideal forum.

If we really want to stretch the boundaries and remove an even bigger environmental footprint, we should tackle the mortgage industry head on. The lack of communication is the problem. What needs to be done? Financial institutions must give lawyers and conveyancers:
• online tracking of client's mortgage status;
• online booking of settlements;
• online advice of available funds; and
• online settlement cheque details.

Lawyers unfortunately are locked into systems that see great swathes of forests disappearing for the wood chip industry for paper manufacture. And for what? Once the property transaction has settled, the transfer and mortgage are registered, money banked, who ever looks at the file again?

The article was put together by Brett Hayton, Jaci Wang and Michael Jellis of Hayton Kosky Lawyers.


Young Lawyers Journal Issue 36 April 2007
Editors Judd Young, White Cleland and Adam Bushby, Nicholls Legal

Print Less - The Green PDF

PDF documents are an environmentally friendly way to communicate, but only if you don’t click the Print button. "Print Less" is an awareness campaign by the lads at GreenPDF.com The message from GreenPDF is Reducing Greenhouse Gas Emissions One Ream at a Time.

247Legal has always been committed to the concept of digital conveyancing to make conveyancing faster, simpler and greener. An original idea was to make the Vendors Statement available to the public by a simple search at the web site 247legal.com.au Simple. Anyone can search, view or download the Section 32, copy of the title, the plan of subdivision etc. But you can't print it. The ability to print the PDF had been disabled. No printing allowed. If someone wants a print version they need to contact the estate agent to obtain a print copy. The result - less paper being consumed. And in many cases such as apartments, there can be vendor statements that are 100+ pages in length. Yet the buyer may only be interested in one or two specific pages in the Plan Subdivision. It makes complete sense to deliver the information digitally rather than printing and distributing multiple copies of the paper document.

Remember Print Less.

Missent to Belgium



Australia Post: Caulfield - Belgium - Bentleigh. Having written off the possibility of receiving a package from a client enclosing an original will, original death certificate, etc. Australia Post finally came through with the goods, having crossed at least 2 continents!

Thursday, April 26, 2007

Fairfax the Digital Media Company

Extract from Fairfax Media CEO David Kirk

Our second priority has been rapid growth in our internet earnings. We have made the major and very successful acquisition of Trade Me and we have developed and grown a wide range of online businesses. In Australia we are #1 in news and information (our launch of brisbanetimes.com.au has been an unprecedented success), we are #1 in dating and holiday rentals and we have strong #2 positions in jobs, homes and cars classifieds. (behind seek, realestate.com.au and carsales)

Our business news and information and investor positions are very powerful with afr.com and BusinessDay.com.au, which complement each other as they cover and expand the market. We are rapidly implementing a successful online entertainment strategy with Austereo in music and Anytime for online video-on-demand downloads.

Our travel strategy is moving fast with online hotel bookings launched and online flights and cars on the way.

Overall, Fairfax Digital's contribution to Fairfax Media's profits has grown from 1% to 14% in two years and there is much, much more to come.

Our third priority has been to build a digital media company, by adapting our media products, working processes, systems and organisation to the new converged world of digital media.

And at the same time job cuts of 35. Perhaps that can be attributed to better productivity from technology changes

Tuesday, April 24, 2007

Depression - Lawyers top the list of professionals at most risk

LAWYERS are more likely to suffer depression than any other group of professionals in the country, reported by The Age.

They are also more prone than others to drinking and taking drugs to help ease the pain of their depression, research shows.

An obsession with billing targets, deadline pressure and inflexible working hours contributed to the problems.

The research, by mental health group beyondblue and management consultancy firm Beaton Consulting, found that 15 per cent of legal professionals experienced moderate or severe depressive symptoms, a rate 2½ times that of the general population. More than 5 per cent also admitted using non-prescription drugs and alcohol to manage.

Law Institute of Victoria chief executive Mike Brett-Young said law firms were reporting a growing attrition rate, particularly among younger lawyers.

"Because lawyers are also dealing with everyone else's problems they think they should be able to handle their own," he said.

Perhaps it is litigation lawyers are the most at risk. General property law is naturally less combative. I can understand the pressure that lawyers practising predominately in commercial, family and personal injury law must face over a period of time. As a professional it would be difficult to not get involved. I dont know what the answers are.