PEXA Client Authorisation Form

PEXA Client Authorisation Form

If you are buying or selling in Melbourne, at some point your conveyancer will send you a pexa client authorisation form. It looks simple enough, yet it is one of the most important bits of paperwork in the whole process. When you sign it, you are giving your representative permission to sign documents, lodge them with Land Use Victoria and settle funds on your behalf in the electronic workspace. In other words, the form lets the wheels turn in the background so your settlement actually happens on time.

Below, I will explain what the form does, why we use it in Victoria, how to complete it without fuss, and the little traps that can slow things down. Think of this as a friendly chat over coffee in the CBD, with just enough law to keep you safe.

What the Client Authorisation Actually Does

The Client Authorisation is a prescribed form under the national e-conveyancing framework. It gives your licensed conveyancer or lawyer authority to act for you in specific electronic property transactions, including signing documents, submitting them for lodgement with the Land Registry and authorising financial settlement. The wording is precise for a reason, and it is set nationally so the rules are consistent across States and Territories.

On the face of the form you will see what is being authorised. In brief, you authorise your representative to: sign documents for the conveyancing transaction, submit or authorise submission to the Land Registry, authorise any financial settlement, and do anything else necessary to complete the transaction. That is the engine room of settlement.

Why Victoria Uses the Form

Victoria participates in Australia's electronic conveyancing system through an agreed national legal framework. The Electronic Conveyancing National Law works alongside ARNECC's Model Participation Rules and Operating Requirements. Land Use Victoria, as the Registrar, adopts and enforces those rules here. The Client Authorisation sits inside that framework so everyone understands who is acting for whom, and on what authority.

If you are wondering why it feels so formal, remember that transfers, mortgages and caveats are lodged electronically these days, and the Land Registry needs reliable evidence that your representative is legitimately pressing the buttons. The form is the key evidence.

When You Will Be Asked to Sign

Most Melbourne clients sign a Client Authorisation when they engage a conveyancer for:

  • buying or selling a home or unit,
  • refinancing with a new lender,
  • lodging or withdrawing a caveat,
  • discharging a mortgage on final payout,
  • other registry dealings tied to a plan or application.

These are exactly the kinds of 'conveyancing transactions' that are lodged through the electronic network in Victoria.

The Three Authority Types, Explained

On the form you will choose one of three authority types:

Specific Authority: used for one defined transaction, such as your purchase of 12 Example Street, Brunswick. It ends when that transaction is completed.

Standing Authority: lasts for a period you specify, handy for ongoing work like a developer's repeat lodgements. If there is an expiry date, it ends then, or it can be revoked earlier.

Batch Authority: covers a list of transactions attached to the form, for example multiple lots in a subdivision.

ARNECC confirms that a properly completed Client Authorisation remains valid until the specific or batch transaction is concluded, or, for standing authorities, until the expiry date if one applies or it is revoked.

Who Signs, and Who Can Witness

You sign as the client. If someone signs on your behalf, that person is recorded as a 'Client Agent' with their capacity, such as attorney under a power of attorney or company director. Your representative also signs to certify they took reasonable steps to ensure the right person signed. The form itself includes space for an Australian Consular Office witness or an Identity Agent where applicable, which is especially useful if you are overseas during the signing stage.

A quick company note for Melbourne small business owners: if the property is held in a company, directors will sign on the company's behalf, and their capacity must be recorded correctly. ARNECC's compliance materials stress that the actual client must be named as the Client, and any agent's details captured separately. Getting this wrong is a common audit finding and can cause unwelcome back-and-forth close to settlement.

How the Form Is Prepared and Stored

Your conveyancer will usually prepare the form using ARNECC's nationally published smartform, then 'print' it so the right execution blocks appear. After everyone signs, the executed form must be kept with the file as evidence of your authority. Firms can store a scanned copy, and they must retain it for at least seven years, with the seven-year clock running from the last transaction in a standing or batch authority. That retention rule matters if your matter is later reviewed.

Where Identity Checks Fit In

The Client Authorisation works alongside verification of identity, or 'VOI'. Your representative must take reasonable steps to verify who you are, and in practice that means checking original identity documents and recording the process. PEXA and ARNECC both publish guidance on VOI because it is a cornerstone of safe e-conveyancing. In Melbourne you might do VOI in the office, through a mobile agent, or at Australia Post, depending on your firm's arrangements.

There is also a 'right to deal' check. Beyond identity, your representative must be satisfied that you are entitled to be part of the transaction. For a seller, that usually means matching you to the registered proprietor. For a company, it means confirming the people signing can bind the company. Victorian risk guidance encourages firms to verify right to deal early and keep thorough notes, because that is what auditors look for.

The Fine Print That Protects You

One safe-guard in the form is the express revocation clause. Either you, or your representative, may end the authority by giving written notice. If something changes mid-campaign, such as switching firms, this clause keeps control in your hands. The form also contains a privacy collection statement that explains which bodies may handle your information during the transaction, including the Land Registry, State Revenue Office and the electronic network operator.

Step-by-Step: Signing Without Stress

Here is a simple path that works for most Melbourne files:

  1. Receive the form. Your conveyancer will pre-fill your names, address and the property details, and mark the authority type. If you are in the CBD, you might pop into the office for a quick run-through; if you are out in the suburbs, a mobile agent or digital meeting may be arranged.
  2. Check names and capacity. Make sure your full legal name matches your identity documents. If you hold the property in a family trust or company, ensure the capacity is accurate.
  3. Confirm the authority type. Specific for a single deal, standing for a period, or batch for an attached list. Ask your representative to show you the list if it is a batch.
  4. Sign and date. Use the correct execution block. If an attorney is signing, make sure the power of attorney reference is included. If you are overseas, your representative may arrange a suitable witness, such as an Australian Consular officer, or an Identity Agent where appropriate.
  5. Representative signs. They will certify reasonable steps to ensure you signed. That certificate is part of their compliance and yours.
  6. Keep a copy. Ask for a PDF. Your firm will retain the executed authorisation for the required period under ARNECC rules.

Common Mistakes That Hold Up Settlement

From experience, and supported by ARNECC's audit findings, these are the errors that cause last-minute stress:

  • Wrong party named as the Client. The form must name the actual client, not the agent signing. If an attorney signs, they go in the 'Client Agent' block and their capacity is recorded.
  • Authority type not selected or mis-selected. If you tick 'standing' when it should be 'specific', it creates confusion and can trigger extra checks.
  • No evidence of an agent's authority. When a director or attorney signs, your representative must keep evidence that they were allowed to do so. That proof should be on file.
  • Leaving out an attached list for a batch. If you choose 'batch', the list of transactions must be attached, otherwise the authority is unclear.
  • Missing dates or signatures. Simple, yet it happens, especially when people are travelling.

Melbourne Scenarios That Come Up All the Time

You bought on a Saturday and need to sign quickly: Weekend auctions are a Melbourne staple. Your conveyancer can prepare a specific authority for the purchase and arrange VOI early in the week so the workspace can be opened and finance invited. The sooner the authority is in place, the fewer hiccups as finance documents arrive.

You are overseas for work: If you are in London or Singapore while the sale is progressing, the form includes options for an Australian Consular Office witness or an Identity Agent where appropriate. Plan ahead so the right witness is available, and allow time for VOI in the local context.

You run a small company: Your company sells a warehouse in Footscray. The Client is the company, and the director signs as a Client Agent in the right capacity block. Your representative keeps ASIC extracts to show authority and retains the executed form with the file for seven years.

Where the Form Comes From

Although people often refer to a 'PEXA form', the Client Authorisation template is published by ARNECC for national use. Many firms treat it as a standard part of their onboarding pack, and PEXA's own guidance reminds practitioners that a written authorisation is needed to conduct a digital settlement. You can view or download the current ARNECC version on the ARNECC site, and PEXA's content for Victorian matters links back to the same requirement.

Quick Checklist for Completing Your Form

  • Names match your identification and the contract.
  • Property details and land title reference look right.
  • Authority type selected correctly: specific, standing or batch.
  • Capacity recorded if an agent signs, with supporting evidence on file.
  • Signatures and dates in the correct boxes, including the representative's certificate.
  • Ask for a PDF copy for your records; your firm will retain it for the required period.

A Word on the Legal Framework, for the Curious

If you like to understand the machinery, here is the short version. ARNECC publishes Model Participation Rules and Operating Requirements for electronic conveyancing. Victoria's Registrar adopts these and publishes notices, including updated versions in the Government Gazette with effective dates. For example, Version 7 of the Operating Requirements was published on 26 February 2024 and took effect on 28 March 2024. The Client Authorisation itself is prescribed by the rules, which is why firms in Carlton and Cranbourne use the same form.

Frequently Asked Questions

Do both spouses need to sign? Yes, each legal owner who is a party to the transaction needs to be covered by the authority. If one person signs as attorney for the other, make sure the power of attorney is valid and on file. Your representative records that capacity and keeps the evidence.

Does it expire? A specific or batch authority lasts until the listed transaction is completed, while a standing authority lasts until its expiry date if one is set, or until revoked. You can revoke at any time by giving written notice.

Is this the same as my engagement letter? No. Your costs agreement or retainer is separate. The Client Authorisation is the prescribed authority that lets your representative transact electronically in the registry systems. Both are needed for a clean audit trail.

Why do I need both VOI and the authority? VOI proves who you are. The authorisation proves your representative is allowed to act for you. Auditors look for both.

Can I sign if I am interstate or overseas? Yes, with the right arrangements. The form includes provision for particular witnesses and identity agents where applicable. Speak to your representative early so they can line up the correct process for the jurisdiction you are in.

Bringing It Back to Melbourne

Property here moves fast. One weekend you are on the tram to an open in Northcote, the next you are arranging finance and settlement dates. The pexa client authorisation form is the quiet helper that keeps your file moving through the workspace, even while you are at work, on school pick-up or flying for business. Signing it early, and signing it correctly, means fewer surprises on the big day.

If you would like help, we are here for a chat. We can walk you through the form in plain English, check the right capacity is recorded, and make sure VOI and 'right to deal' are sorted before your lender starts sending documents. It is one of those jobs that is much easier with a calm guide on your side.

Talk to Pearson Chambers Conveyancing

For clear guidance on the Client Authorisation and a complimentary Section 32 contract review, contact us today:

Email: contact@pearsonchambers.com.au