The ACN entered for a company may be incorrect or the company name may not match the name in ASIC. For example, if the company is ABC Pty Ltd and their ACN on ASIC is 123 456 789, the Subscriber may enter ACB Pty Ltd or an ACN of 123 456 788. A warning is provided in the workspace for this issue.
Evidence may be uploaded into the workspace but not attached to the document, leading to issues with processing the document. Evidence may not be provided when required or may be insufficient. For example, if incapable persons are represented, SAT orders and stat decs need to be uploaded and attached. Another example is where mortgagee consent is required, the consent should be provided with the document.
Unauthorised Preparation of Documents
Settlement Agents sometimes prepare documents in an ELN workspace that they are not authorised to prepare under the Settlement Agent Regulations 1982. For example, they may create a caveat for a claim other than fee simple as purchaser. This can occur when they are acting for their own Client(s) or under instruction from a law firm that is not subscribed to an ELNO. Document preparation, whether under instruction or not, is subject to industry regulations that dictate the documents that can be prepared.
Sometimes survivorship applications are created and lodged where the surviving joint tenant is also deceased. In this scenario, the survivorship application should be lodged in paper along with the transmission application, which is not yet available in an ELN.
Incorrect Lodgement Order
Documents may be lodged in the wrong order, creating issues with processing the case. Subscribers need to ensure documents are ordered in legal priority within the workspace. All parties to the workspace should ensure the order of lodgement is correct prior to lodging.