Legal Project Management Plan & Checklist
Purpose of this Guide: This is the practitioner-grade matter plan for managing a residential property purchase in Western Australia on behalf of the buyer. Designed for conveyancing solicitors and licenced settlement agents, this comprehensive guide covers the entire WA conveyancing lifecycle under the Transfer of Land Act 1893 (WA), Property Law Act 1969 (WA), Duties Act 2008 (WA), Settlement Agents Act 1981 (WA), and the Strata Titles Act 1985 (WA). It covers the REIWA Offer and Acceptance contract and Joint Form of General Conditions, Verification of Identity (VOI) under ARNECC Rules, special condition management (finance, building, pest), transfer duty assessment via Revenue Online (RevenueWAConnect), the First Home Owner Rate (FHOR) of duty, the WA First Home Owner Grant ($10,000), Foreign Resident Capital Gains Withholding (FRCGW at 15% from January 2025), Landgate title searches, electronic settlement, and Strata Title Form 28 pre-contractual disclosure review.
Jurisdiction: This guide applies to residential property transactions in Western Australia, Australia, processed through the PEXA electronic conveyancing platform and lodged with Landgate (Land Information Authority of Western Australia).
The Process at a Glance: The matter proceeds from client intake and VOI, through Offer and Acceptance review (noting there is NO statutory cooling-off period in WA), through special condition management (finance, building, pest), transfer duty assessment via RevenueWAConnect, Landgate searches, PEXA workspace setup, settlement adjustments, shortfall calculation, electronic settlement at PEXA lodged with Landgate, and concludes with post-settlement Landgate registration confirmation, council and Water Corporation change of ownership notification, and final client reporting.
This legal matter plan provides a structured workflow for REAL_ESTATE cases, outlining the standard TRANSACTIONAL process. Utilize these tracking templates to manage your legal cases efficiently.
Client onboarded, VOI and CAF completed, Offer and Acceptance thoroughly reviewed, written advice delivered, finance pre-approval confirmed and mortgage documents arranged.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
From 1 April 2025 to 31 March 2027, there is a temporary government ban on foreign persons purchasing established (existing) dwellings under the Foreign Acquisitions and Takeovers Act 1975 (Cth). Foreign persons may still purchase new dwellings or vacant land with FIRB approval.
WA charges a Foreign Purchaser Transfer Duty surcharge of 7% on the dutiable value under the Duties Act 2008 (WA).
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
WA has NO statutory cooling-off period under the Property Law Act 1969 (WA) or the Transfer of Land Act 1893 (WA). Once the Offer and Acceptance is signed by both parties, the contract is immediately binding. This is unlike NSW (5 business days under the Conveyancing Act 1919 (NSW)) and VIC (3 business days under the Sale of Land Act 1962 (Vic)). Any cooling-off period must be specifically inserted as a special condition.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Finance condition satisfied with unconditional approval, building and pest inspection conditions satisfied, contract is unconditional.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Transfer duty assessed via RevenueWAConnect with FHOR applied if eligible, FRCGW clearance verified, Landgate searches complete, PEXA workspace configured with electronic Transfer of Land.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
In WA, the deposit is held by the selling agent as agent for the VENDOR (not as a stakeholder). This means the deposit is at the vendor's risk if the agent becomes insolvent - different to VIC where the agent holds as stakeholder under the Estate Agents Act 1980 (Vic).
WA FHOR thresholds under the Duties Act 2008 (WA) (from May 2026 announcements - confirm current thresholds at wa.gov.au): full exemption up to $600,000; concessional rate from $600,001 to $800,000.
Foreign Purchaser Duty Surcharge: 7% additional duty on residential property.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.