The contract for sale of land determines the settlement venue. In New South Wales and Victoria, unless otherwise agreed, settlement will occur where the title documents are held — either at the vendor's office or the outgoing mortgagee's office. In Queensland, if the seller has a registered mortgage over the property, settlement will usually take place at the mortgagee’s office (see cl 5.1(2) of the REIQ contract).
In Western Australia, the standard form contract provides that unless otherwise specified in the contract, the purchaser must specify the place for settlement.
In South Australia, settlements almost invariably occur in the settlement room at the Lands Titles Office in Adelaide, unless undertaken electronically through PEXA.
In Tasmania, by common practice, the venue for settlement is the location of the deeds. Some lenders fail to respect this convention.
In the Northern Territory, pursuant to cl 3.5 of the Law Society approved Contract of Sale and s 64(3)(c) of the Law of Property Act (NT), completion usually takes place at the Land Titles Office in Darwin or in Alice Springs (depending on the location of the property).
In the Australian Capital Territory, unless otherwise agreed to by the parties, settlement almost invariably occurs at the ACT Law Society settlement room. This is a dedicated settlements venue (room) where all solicitors, banks and agents attend to effect settlement.
See Venue.