The future of the Australian conveyancing industry 2025 and 2030 - Deloitte
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The future of the Australian conveyancing industry 2025 and 2030 | Table of Contents The conveyancing industry is undergoing a transformation as components of the process become increasingly digitised. This report identifies key industry and technology trends that are likely to impact practitioners, buyers and sellers of property in Australia between 2022 and 2030 03
The future of the Australian conveyancing industry 2025 and 2030 | Table of Contents Table of Contents Executive Summary 1 Introduction 3 Forecast: What does e-conveyancing look like in 2022? 6 Game changers: Key trends shaping conveyancing 10 Future State: What does the future of conveyancing look like? 24 What next? 50 Appendix 53
The future of the Australian conveyancing industry 2025 and 2030 | Executive Summary Executive Summary The conveyancing industry is undergoing a transformation as components of the process become increasingly digitised. This report identifies key industry and technology trends that are likely to impact practitioners, and buyers and sellers of property in Australia between 2022 and 2030. It paints a picture of four potential futures that could emerge for the industry based on critical uncertainties including the distinctiveness of conveyancing as a standalone service, and the degree to which the process becomes digitally led. Across each of the four potential futures outlined in the report, there are a number of consistent outcomes: •• There will be greater professionalism, peace of mind about the end-to-end not to a drastic extent. Consolidation as practitioners will become more conveyancing process ranges from 5% to 25% across various service driven in their approach, placing potential futures •• The rise in technology will see an greater emphasis on advisory rather increased importance placed on than manual components of a property cyber security, with the ability to transaction. These could become Overall, digitising conveyancing will have provide secure networks becoming automated, with quality of service benefits for customers, practitioners, a minimum requirement, or ‘ticket to likely to become a point of competitive regulators, banks and government. The play’ differentiation impact of technology and competition •• Time and cost savings can be will likely lead to a more professional, •• Aggregator platforms will improve reinvested or potentially banked, transparent, service driven and profitable the overall quality of service as leading to higher margins or greater industry, underpinned by the ability to practitioners will be referred online investment in technology to underpin conduct transactions in a faster, more and selected based on crowdsourced success at scale. This will occur due to efficient and automated way. Ultimately, ratings, making professionalism and the relatively low price elasticity of across all potential futures, it will be quality of service the new source of conveyancing, which is a relatively small the enterprises able to deliver on these competition fee within a property transaction outcomes for customers who will survive •• Improvements in technology will and thrive. •• Varying degrees of consolidation are enable greater transparency for seen across the potential futures, but customers, who will have visibility and 1
The future of the Australian conveyancing industry 2025 and 2030 | Executive Summary 2
The future of the Australian conveyancing industry 2025 and 2030 | Introduction Introduction Following on from Deloitte Access Economics‘ 2018 report ‘Electronic settlement and lodgement for conveyancing: Benefits to the conveyancing industry’ (Report 1) forecasting the impact of digitisation of lodgement and settlement in the conveyancing industry between 2018 and 2022, this report lays out predictions for four potential futures that could emerge from 2022, with a medium term focus on 2025 and long term focus on 2030. These potential futures outline what a digitised conveyancing industry may look like for customers (buyers and sellers of property) and practitioners. This report focuses on the industry and the technological literacy to interact with purchasing process. When combined, technological changes most relevant more advanced systems and to undertake these factors help us contemplate potential to the conveyancing community, with more complex tasks themselves. These outcomes. consideration of the high level implications same expectations are beginning to impact for the industry. In particular, this is an the property industry, and are likely to flow In this context, this report is intended age of technological change which has through to conveyancing. to raise questions and support dialogue radically reshaped customer expectations. about opportunities and implications for Customers no longer differentiate between The report highlights two critical practitioners and customers, where change industries when considering experiences: uncertainties driving potential futures; is most likely to occur and which potential what was once a comparison between the extent to which technology means futures may emerge. the experience at two grocery stores is conveyancing becomes digitally enabled now a comparison between a grocery or digitally led, and the degree to which experience and an Uber or Amazon conveyancing is a standalone versus experience. In addition, customers have bundled service as part of the property 2018 2022 2025 2030 Report 2 The future of the Australian conveyancing industry 3
The future of the Australian conveyancing industry 2025 and 2030 | Introduction 4
The future of the Australian conveyancing industry 2025 and 2030 | Forecast 5
The future of the Australian conveyancing industry 2025 and 2030 | Forecast Forecast What will conveyancing look like in 2022? By 2022 the conveyancing industry will have moved to ‘100% eConveyancing’. ‘100% eConveyancing’ is where the preparation, settlement and lodgement stages of the conveyancing process are performed through an electronic lodgement network operator (ELNO) such as Property Exchange Australia (PEXA) (see diagram below). By 2022, a critical mass of relative eConveyancing’ will likely differ between today (2018), given the complexity of the instruments will be available through states. conveyancing ecosystem and number ELNOs, and the majority of transactions of stakeholders involved in the process, will be conducted electronically, including As a result, it is foreseeable that by 2022, there will likely still be inefficiencies and but not limited to transfers, mortgages, the industry will no longer be operating a opportunities for improvement (see next discharges and caveats. dual system of paper and e-conveyancing. page for details). As noted in the Deloitte Access Economics This is for states where ELNOs are currently report, this is estimated to provide deployed, including New South Wales, an average time saving of 4 hours, Victoria, Western Australia, Queensland contributing to a $89m per annum benefit and South Australia, acknowledging to the conveyancing industry. that the pace of transition to ‘100% Although this represents progress from Forecast eConveyancing process in 2022 Contract Preparation Settlement Lodgement Post-lodgement Prepare contract Prepare contract Property and Transfer documents Notifications of documents documentation money is are lodged with settlement exchanged government completion bodies Complete verification Parties prepare Confirm and Lodge settlement Notifying other and authorisation documents – exchange money document with land relevant authorities Activities forms, and prepare, contracts, loans, land and settlement title office of transfer and completed negotiate and transfer, other documents providing final report exchange contract relevant instruments to client Outside PEXA – all in Set up work space Settlement funds Done immediately Notices and reports paper and invite all parties. reserved and with settlement in can be accessed PEXA’s This can be done by released for payment PEXA from PEXA role any of the immediately after participants lodgement through PEXA = Current ELNO functionality 6
The future of the Australian conveyancing industry 2025 and 2030 | Forecast Mortgage Brokers Banks Real Estate Agents Seller and Practitioner* Land Registries Developer market ELNO Buyer and State Revenue Practitioner* Offices Software providers (Practise Manage- ment Software & Information Brokers) Local Councils Utility Providers * Practitioners include: 1. Conveyancers, 2. Settlement agents (WA only), 3. Lawyers specialising in conveyancing (small and large), 4. Lawyers who occasionally conduct conveyancing services to serve existing clients (small and large) In 2022 – as today – the conveyancing stakeholder ecosystem is still likely to be quite complex A conveyancing transaction requires touch platforms and other elements of the to digitise and automate elements of the points not only with a buyer or seller, process are automated, software providers process to save time for practitioners, their respective conveyancers and the will become increasingly involved (see improve customer experience, and lower State Land Registry, but also banks, State graphic above). the cost of conducting transactions. These Revenue Offices, local councils, utility are documented at a high-level on the providers, real estate agents and mortgage Across this ecosystem, a number of manual next page, and explored in further detail brokers. As practice management software processes are likely to still exist in 2022. throughout the report. becomes more integrated with ELNO These can provide further opportunities 7
The future of the Australian conveyancing industry 2025 and 2030 | Forecast Further opportunities Preparation Contract Enhanced data Schedule Post settlement development and and automation settlements and notifications review bank payouts Digitisation Digitisation and Use of enhanced Automating Automating of customer automation data could enable the process post settlement onboarding (e.g. of contract automation of for checking notifications with verification of development, a number of payout numbers State Revenue identity, document review and signing manual tasks and and scheduling Offices, utility upload and review, could potentially easier hand-offs settlements has companies and data entry) could save time and between various the potential to local councils has save time in the significantly reduce stakeholders (e.g. reduce the time the potential to onboarding and paper from the entering and exiting and effort required reduce time and preparation phase. process. ELNO platforms). In by practitioners. effort required by addition, the ability practitioners. to capture, analyse and monetise data presents new opportunities to create value. 8
The future of the Australian conveyancing industry 2025 and 2030 | Game Changers 9
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Game changers Key trends shaping the conveyancing industry in Australia: Industry Trends Technology Trends The conveyancing industry in The conveyancing industry is likely to evolve significantly over the next few years, As conveyancing transitions from a paper- based process to become digitised, new Australia is being impacting customers and practitioners. technologies are likely to be harnessed to shaped by industry transform how services are delivered. and technology Key changes for customers: Current technology trends: trends •• Customer demand for control, and more •• Platform, Cloud & Application transparency Programming Interfaces (APIs) These trends have been chosen •• Emergence of ‘proptech’ and customer •• Cyber security and prioritised following an experience innovation assessment and evaluation of •• eContracts trends across the industry, •• Robotic Process Automation leveraging Deloitte research and subject matter expert interviews to determine the trends most Key changes for practitioners: Longer term technology trends likely likely to have the greatest impact to impact the sector: •• Shift in value of services provided on the conveyancing industry. •• Artificial Intelligence (AI) •• Bundling of services and new providers •• Internet of Things (IoT) •• Shift to cloud based subscription practice management software and enhanced •• Virtual & Augmented Reality (VR & AR) user interfaces •• Distributed ledgers •• Privatisation and digitisation of remaining •• Digital Identities land registries Regulatory Environment transferred between parties and provide should be noted that many trends and a traceable and transparent system for changes in technology will be subject This report assumes there will not the industry and customers. to regulatory considerations, and this be dramatic change in the regulatory will be a critical factor in contributing to environment over the next decade. As a result, this report assumes that the potential pace of change (e.g. digital Aspects including the Torrens title from a regulatory standpoint, the legal identities). system and state based real property framework governing conveyancing acts regulate how property is will not change drastically. However, it 10
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Industry trends 1/2 What is it? Degree of impact Customer demand for control, and a more transparent, easy experience Customers have higher digital capabilities and access to devices, creating demand for more transparent, easy experiences. They expect to use customer friendly platforms across industries, compounded by small and medium enterprises (SMEs) blurring the line between professional and personal expectations. For home buyers / sellers facing a stressful and significant financial decision, this is acute. Emergence of ‘proptech’ and customer experience innovation Start-ups operate at the intersection of customer tension and profit. Across the property industry, there is emerging innovation in ‘proptech’ and in customer experience by start-ups, smaller lenders and accelerators who are enabling innovation. Customer impact Shift in value of services provided As of 2018, conveyancing prices for services provided by both lawyers and conveyancers have remained static for a decade. Although the services and roles vary by state, competition between lawyers and conveyancers has generally contributed to a customer expectation of more value for the Practitioner impact same price, eroding margins. However, margins may improve in coming years due to digital efficiencies. 11
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Degree of impact? High Medium Low Post- What may be impacted? Contract Preparation Settlement Lodgement lodgement Others (banks, Buyers/ Who may be impacted? Practitioners government, Sellers real estate) What might the impact look like? Examples Dashboards, transparent process and Accessing digital asset histories •• The emerging ‘one stop shop’ model fees offered by a number of real estate agents and banks (e.g. LJ Hooker). The need to include multiple stakeholders The creation of digital asset histories, a across a complex and fragmented readily available and accessible data source •• Ability to track a customer’s order in the ecosystem, encompassing pricing, sales, of modifications, inspections and other process of it being delivered provides contracts, conveyancing, and inspections information regarding a property asset of greater transparency and security for the is prompting a growing desire for a interest to a potential buyer. buyer. transparent and easy to follow process and fee structure. This could be delivered through a digital dashboard. New business models New online real estate and services •• Charter Hall and Collective Campus 2017 partnership to develop a property tech Firms such as BrickX and Rent Roll are Purple Bricks, Loop, ConveyPal and accelerator. developing platforms to create new ConveyerPower are providing new business models and investment options experiences for customers looking to for buyers. buy and sell homes. For instance, Purple Bricks are offering customers a platform with a transparent online process, charging fees considerably lower than a traditional realtor. There is an opportunity for conveyancers to partner with these services. Consolidation and economies of scale Value added opportunities •• Digitisation has enabled the banking industry to reduce the time and cost Digitisation of conveyancing may contribute As the time and cost of providing to serve customers, refocusing staff on to some consolidation in the industry, conveyancing services potentially value add services or creating cost saving leading to larger, more profitable firms. decreases, there may be opportunities opportunities. for conveyancers to provide value added services such as advice to clients as a means of differentiating to increase price and margin. This is likely to lead to a greater emphasis on professionalism and service. 12
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Industry trends 2/2 What is it? Degree of impact Privatisation and digitisation of remaining land registries In recent years, NSW and SA land registries have been privatised (with VIC and WA registries in the process of becoming privatised). They operate on long term contracts, which has prompted the digitisation of registries to maximise returns and improve customer experience. Bundling of services and new providers Bundling of services is the provision of multiple services together for a customer – often designed to address a single (or interconnected) customer need. This is occurring in the property industry, public sector and telecommunications amongst established players and new entrants. Shift to cloud based subscription practice management software and better user interfaces Cloud based software is hosted online. Conveyancing software has a subscription and title search driven revenue model, and provides regular ongoing updates to keep practitioners up to date on changes to laws and Practitioner impact precedents. Improved user interface and software integration has the potential to enable conveyancers to manage their entire business digitally. 13
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Degree of impact? High Medium Low Post- What may be impacted? Contract Preparation Settlement Lodgement lodgement Others (banks, Buyers/ Who may be impacted? Practitioners government, Sellers real estate) What might the impact look like? Examples End-to-end digitisation •• Privatisation of government utilities Currently, only the preparation, settlement End-to-end digitisation of the exchange such as Telstra has allowed the telco and lodgement of property exchange has of properties may result in a better, more to enhance its customers experience, been digitally enabled by ELNOs. However, seamless customer experience for buyers and focus on becoming a world class there is an opportunity for further value and sellers. technology company. to be extracted by digitising early stages in •• The Australian Tax Office enables the conveyancing process along with other customers to lodge tax returns online. manual handoffs such as State Revenue Offices and utility activities. ‘One stop buy / sell shop’ Specialise at scale, bundle through a •• LJ Hooker provide a realtor, lawyer and third party conveyancer under one roof. There is an opportunity for the bundling Rather than providing all bundled services, •• Service NSW as a ‘one stop shop’ for of a number of legal and conveyancing some may specialise in a particular service government. services across contracts, legal advice, at scale, sold standalone or bundled by a •• Telcos are providing combined internet inspections, reports, exchange, lodgement third provider. and entertainment deals. and settlement. There is also a wider scope of services in the property industry – for example, banks, realtors and smaller lenders seeking to provide end-to-end ‘home ownership’ services. The paperless practice •• Matters Centre by GlobalX has a pay per search / low fee model to the Historically, practice management However, there is an opportunity to create conveyancing industry. software has included tools such as letters, more practitioner friendly interfaces with calendars and customer relationship the tools required to integrate service •• Online credit card or insurance management (CRM). However this has been delivery and practice management into a application processes which provide a separate to processing and service delivery, single digital workflow. fully online process. which have involved paper elements. Some are beginning to provide integration with ELNOs, (e.g. triggering a new workspace when a new customer is added to the CRM). 14
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Technology trends As conveyancing transitions from a paper-based process to become digitised and potentially automated, new technologies will be harnessed to transform the buyer and seller experience by changing how services are delivered by practitioners. Key trends in technological development that are likely to have the greatest impact on the conveyancing sector have been prioritised. They address technologies that are already in use, or represent opportunities to improve future processes. An indication as to when these might be applied in the conveyancing industry is shown below. Timeline of selected technology trends •• Platforms, Cloud & Application Process •• Virtual & Augmented Interfaces Reality (VR & AR) •• Internet of Things (IoT) •• Cyber Security •• Cognitive Automation & •• Artificial Intelligence (AI) •• Robotic Process Insights •• Blockchain Automation •• Digital Identities •• eContracts Now Coming soon Further down the track 15
The future of the Australian conveyancing industry 2025 and 2030 | Game Changers Across these technologies, digitisation is already occurring, and this can enable automation Digitisation to automation spectrum Digitisation Robotic Process Cognitive Cognitive Artificial Automation Automation Insights Intelligence Converts data Mimics human Mimics human Augments human Mimics human into a digital form actions judgement intelligence intelligence •• Enables a •• Used for rules •• Used for •• Used for •• Acquires human- computer based processes judgement based predictive like thought to process (simple to processes ‘decisioning’ processing information complex) and thinking •• Machine learning •• Dynamically self- capabilities •• Faster, lower cost, •• Faster, higher capability adaptable and easier to transact volumes, reduced managing •• Interprets human information errors and cost behaviour 16
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Technology trends 1/3 What is it? Degree of impact Platforms, Cloud & APIs support ease of use and scale Platforms create value by enabling buyers and sellers to connect and exchange products or services. They enable other services to plug in via APIs to create ecosystems. This is where customers can access a range of services from one central site, sometimes from multiple vendors. Platforms capture a large volume of customer data, which can be stored in cloud- based software. Cloud is a storage and computing service provided by global platforms (AWS and others), which enables fast, cost effective and powerful computing which is paid for on a usage basis. Robotic Process Automation (RPA) automating repetitive tasks; ChatBots answering questions Process robotics is gaining popularity as a relatively low cost, non-invasive and flexible tool to automate repetitive manual tasks and as an alternative to complex systems integration. ChatBots are a customer facing tool that are programmed to respond to certain terms or questions, and taught when to filter complex enquiries through to human operators. Machine learning can enable chat bots to learn to provide increasingly better responses. Cyber security for risk mitigation Cyber risk and security is a burgeoning challenge shared across industries and geographies. As the world becomes increasingly digitised the risk of digital attacks has increased. The protection of systems, networks and programs from being destroyed or having sensitive information accessed Current use cases has led to a proliferation of cyber security offerings to protect customers’ identities and personal data. As a result, we may see regulators create minimum standards for data and cyber security, certainly for companies transacting customer data, and potentially for users of these systems. 17
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Degree of impact? High Medium Low Post- What may be impacted? Contract Preparation Settlement Lodgement lodgement Others (banks, Buyers/ Who may be impacted? Practitioners government, Sellers real estate) What might the impact look like? Examples Cloud based practice management Data monetisation •• Amazon as an ecommerce platform platforms for connectivity and allows users to purchase goods online integration from multiple vendors from one site. Platforms enable better connection Capturing property data in cloud-based •• Aggregator sites such as Home Alliance between practitioners, banks, agents software allows information to be accessed and Conveyancing Calculator in the UK and customers. Cloud based practice with greater speed and ease. The data allow customers to view and select the management software can manage captured in this process leads to a new service and pricing that meets their workflow whilst enabling integration privileged asset which can be monetised needs. through API plug-ins to perform other – however this can come with challenges activities along the value chain. Platform around customer trust and government based services may lead to a more regulation. professional and profitable approach to conveyancing. Removing manual hand offs and •• Insurance companies use telematics to accelerating standard transactions triage motor claims based on recognition of common characteristics. The current conveyancing process state registry offices as well as fast-tracking has a large number of manual hand credit, eligibility checks for mortgages and •• Customer service chat bots used by offs and extensive communication. utility adjustments. airlines help to direct customer queries There is an opportunity to automate and escalate to human intervention when these tasks with RPA, reducing time for specialist advice is required. standard transactions through workflow •• RPA in banks to automatically perform management. loan eligibility checks. RPA can simplify the process through prescriptive analytics to enable automated approvals of lodgement documents by Cyber security measures in place for There may be minimum standards to •• As transactions are increasingly digitised all software solutions adhere to and data is stored in the cloud, it will be crucial to invest in software such as Cyber security measures can be Maintaining strong cyber security Norton Security which protects against embedded into every digitised aspect protocols along the entire value chain will viruses, ransomware and malware. of the conveyancing process. Examples likely require training in order to provide include smart contracts, communications more efficient and more secure services •• Communications should be protected and cloud storage. Cyber security will be to buyers and sellers, and to develop a from conveyancing fraud, with Cisco crucial to ensure that customers feel safe, greater level of trust with customers. Cyber building firewalls and intrusion adoption is high and digital solutions can security measures will be a ticket to play for prevention systems to address phishing. function seamlessly. conveyancing. 18
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Technology trends 2/3 What is it? Degree of impact eContracts eliminate the need for wet signatures An eContract is a legally binding contract enacted through purchasing goods or services online between an electronic agent and parties who have no personal contact or relationship. eContracts are signed when the purchaser clicks “I agree” or “I accept” to signify acceptance of the terms and conditions of the seller. In future, this could extend to electronic development and reviewing. More complex versions can include fillable fields, data that can be Customer impact readily transferred between systems, and are accessible on various devices (e.g. an agent’s iPad). Progression of cognitive insights through AI AI is the creation of software that is capable of mimicking human judgement. It can be used to augment human actions. This is harnessed through cognitive computing where systems are configured to self-learn through pattern recognition and natural language processing. AI sits at the end of the automation spectrum, as it exhibits highly sophisticated processing, and is capable of more complex tasks. This underpins opportunities for exponential impact – for instance the emergence of AI driven advice. IoT: connecting to your home at all times IoT allows objects to be measured, sensed and controlled remotely, creating opportunities to adjust or turn systems on or off from elsewhere, Practitioner impact and capturing large volumes of data on how a property is used. Customers with smart systems could be able to track their energy use and receive real time data on billing estimates. However, as more and more devices become connected, the risk of compromise and attack increases. 19
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Degree of impact? High Medium Low Post- What may be impacted? Contract Preparation Settlement Lodgement lodgement Others (banks, Buyers/ Who may be impacted? Practitioners government, Sellers real estate) What might the impact look like? Examples eSigning eContracts to enable development & •• DocuSign, Adobe eSignatures have review enabled people to sign contracts and documents remotely. Digital contracts can be signed online, RPA tools, and increasingly AI, can be which providers such as DocuSign taught to recognise terms, perform data •• In April 2018, the first digital mortgage support by embedding electronic signing analytics and assess risk by identifying was signed in the UK and entered into capabilities, reducing travel time to sign suboptimal clauses in eContracts. the HM Land Register Gov.UK. Verify was documents in person. These tools can used to verify the identity of the borrow eContracts could also help to simplify the also be programmed to alert parties remotely enabling them to sign the process of building and managing contracts when variations are made and resigning is mortgage deed online. by enabling practitioners to select from required. standard and specialised terms to ensure consistency and transparency. Machine learning for workflow •• Siri (by Apple) and Alexa (by Amazon) management, judgment calls to recognise voice commands and complete escalate complex tasks requests based on natural language processing abilities. End-to-end digitisation of the conveyancing building AI capability for cognitive insights, process provides multiple opportunities the system could theoretically compile •• Data Visioning can be used to assess for AI to be embedded into workflow and required documents, and obtain funds the damage of car crashes by comparing practice management software including and permissions independently of a photos from claimants and determining exchange, contracting and settlement. practitioner, and make judgments of where the severity and credibility of the story escalation to human user intervention is through accessing the data history of Systems could use machine learning to required. Longer term this may even lead to similar incidents. trigger the initiation of the next activity the delivery of advice by an AI tool. (cognitive automation) once notification that tasks have been completed. By Smart buildings to feed data into •• An Australian bank has added sensors to digital asset records crops to predict the productivity and risk portfolio of agribusinesses. The ‘smarter’ buildings become, the more and enabling focused inspection activity in opportunity property managers may have the near term. •• Smart hubs (Google Home and Amazon to remotely monitor, maintain and gather Echo) can remotely adjust lighting, However, it may be some time until there data about the physical asset. temperature, turn appliances on, play is sufficient scale of homes connected to music or order groceries at a voice This information could feed into a ‘digital IoT for property data to be widely used in command. twin’ asset record for prospective buyers to conveyancing. assess as part of the conveyancing process, •• Singapore has an intelligent transport potentially eliminating the need for system, with congestion optimisation and inspections and reports in the long term dynamic tolling. 20
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Technology trends 3/3 What is it? Degree of impact Convergence of physical and digital through Virtual and Augmented Reality (VR & AR) VR is a computer-generated simulation of a three-dimensional image or environment that can be interacted with in a seemingly real or physical way by a person using special electronic equipment. AR is a technology that layers computer-generated enhancements over an existing reality to make it more meaningful or interactive. Face-to-face (F2F) verification of identity (VOI) requirements Currently as part of digital regulatory requirements, verification of identity must occur in person. However, given trends toward digital identities, and the possibility that government may create a digital identity, it is likely that this requirement is relaxed or replaced over time. Industries are already seeing a shift towards multi-factor authentication access models that could over time become more accurate than face to face verification of identity. Distributed ledger technology and smart contracts for direct buyer to seller transactions Blockchain is a type of digital record that tracks financial, physical or Practitioner impact electronic assets. It facilitates a continuous ledger, which can be shared and corroborated by anyone with appropriate permissions. It is typically distributed and spread across multiple sites, countries or institutions. Smart contracts enable exchange whilst avoiding the services of a middle vendor by defining and enforcing the rules and penalties associated with an agreement. 21
The future of the Australian conveyancing industry 2025 and 2030 | Game changers Degree of impact? High Medium Low Post- What may be impacted? Contract Preparation Settlement Lodgement lodgement Others (banks, Buyers/ Who may be impacted? Practitioners government, Sellers real estate) What might the impact look like? Examples VR & AR enabling remote or enhanced •• Oculus Rift is a VR product that uses a inspections via digital property twins helmet with a screen, fitted with sensors to adjust images to the user’s movement. Developing ‘digital twins’ for properties as VR and AR also support teleconferencing, part of an asset record could be amplified enabling parties to communicate directly •• Spectre is a company which creates by creating VR or AR property simulations. from their own offices or homes, cutting immersive AR and VR models of down unnecessary time spent commuting. developments to help potential off the Assuming high quality simulations, a ‘digital plan buyers understand their potential twin’ could enable remote inspections, purchases. or prospective home owners to ‘visit’ the property to assess need for contract conditions. Single recognised legal identity •• The Australian Government’s Govpass project aims to make proving who you The Australian Federal Government is consultation with Australia Post to explore are to government services online simple, working to develop a legal digital identity how Digital ID can be integrated. safe and secure. for citizens (Govpass) where individuals’ information is embedded in a unique •• Australia Post Digital ID provides a way of identifier to eliminate the need for further verifying your identity without providing verification. This could support digital 100 points. signatures on eContracts, enable a secure •• BPAY PayID allows users to pay anyone transfer of funds and minimise the chance with a unique code. of fraud, as well as save buyers, sellers and practitioners time commuting to perform F2F VOI. Govpass is being developed in Smart contracts and blockchain- •• To ensure safety, security and protect enabled settlement against cyber threat, the Estonian government developed a blockchain By maintaining an asset record, purchasers However, there is limited impetus to build to enable secure, digital government can immediately access the history of blockchain in conveyancing in Australia services and store citizen’s information. a building including when it was built, in the near term, as the benefits of the serviced, modifications made, results of trusted and transparent Torrens title •• Smart contracts can be written in code, inspections and so on. system already exist. As a result, blockchain shared and executed over blockchain, is more likely to come from external parties allowing parties to engage directly Coupled with RPA and smart contracts (e.g. banks or foreign entrants) who have without a middle vendor. where permitted parties can transact already invested in the infrastructure. directly through digital identities through terms coded into the blockchain, this could provide further time savings. 22
The future of the Australian conveyancing industry 2025 and 2030 | Future State 23
The future of the Australian conveyancing industry 2025 and 2030 | Future state Future state What does the future of conveyancing look like? Potential futures are... Potential futures •• Rich, data-driven stories about tomorrow which overcome the tendency to project to operate – not descriptions of organisations themselves help predict what current state, allowing us to see multiple •• A framework to recognise and adapt to the future may possibilities for the future change over time, ahead of time, helping hold, and how it •• Imaginative narratives that stretch thinking, challenge conventional wisdom, to navigate uncertainty and surface key considerations might occur and are always plausible and logical Potential futures are not predictions, •• Descriptions of an external environment forecasts, descriptions of trends in in which organisations may need isolation, or strategies How to read this section The next section provides a high-level sellers and practitioners, and the outcomes overview of four potential futures and for these stakeholders. Comparative comparator industry transformations industry and business case studies are that may eventuate in the conveyancing also provided to help bring these potential industry by 2030. Following is a deep dive worlds to life. Ultimately, while these are into each of the four potential worlds, with not predictions, they should provoke a narrative outlining what that world might thought and reflection about what the look like, high-level signals of change in future may bring. 2025 and 2030, how it may feel for buyers, 24
The future of the Australian conveyancing industry 2025 and 2030 | Future state Potential futures Four potential futures have been developed based on two critical uncertainties: 01. The degree to which conveyancing 02. The visibility of conveyancing as When combined, these factors help us is digitally enabled versus digitally a distinct or embedded service: contemplate potential outcomes. led: how fast actors take up continued the extent to which customers and digitisation, move towards automation the industry move toward purchasing and integrate new technologies into conveyancing as a separate, standalone the industry such that conveyancing service, or to which it becomes becomes a digitally enabled service horizontally integrated into other delivered by people, or a digitally led elements of the property transaction service requiring less human input. process – such as real estate sales This will be dependent on investment or banking and mortgage broking. cost, customer demand, government This will be dependent on customer regulation or the industry working preferences, industry business models, together to establish new standards. cost and competition. 25
The future of the Australian conveyancing industry 2025 and 2030 | Future state 2. ‘The Digital Advisor’ 3. ‘One Stop Property Shop’ •• Digitised end-to-end •• Shift to digital may make a case for real More embedded •• Automation of simple components of the estate agents, banks and mortgage value chain brokers to bundle conveyancing •• Shift in focus to delivering value add •• Split in advisory services and ‘DIY’ advisory services approaches where customers supported to step through the process online •• SaaS allows conveyancers to streamline service and provide greater transparency •• Consolidation from acquisitions likely •• Technology will likely result in some •• Example comparator industry: travel. consolidation Traditional players faced competition from online travel agencies, acquired to •• Example comparator industry: cloud- compete based accounting Digitally enabled Digitally led 1. ‘More Professional’ 4. ‘The iConveyancer’ •• Minimal change from what is anticipated •• Online DIY conveyancers enable in 2022 (100% digitisation of settlement customers to use a ‘skinny’ platform to and lodgement) conduct direct conveyancing for relatively simple transactions (~90%) •• Conveyancers are likely to be fewer but more profitable due to economies of •• The industry may split to cater towards scale and some process automation one-off transaction vs regular traders (developers / investors) More distinct •• Conveyancers are likely to maintain local presence to provide a personal, trust •• Complex transactions are likely to still based service and provide reassurance require in-depth conveyancing advisory (~10%). Buyers and sellers may demand •• Example comparator industry: the local local presence café or restuarant •• Example comparator industry: stockbroking 26
The future of the Australian conveyancing industry 2025 and 2030 | Future State Imagining the future of conveyancing In order to articulate the future of conveyancing, experiences across comparative industries that are widely relatable for most Australian businesses and customers were used. The transformations experienced across of pricing models, and an increased focus these sectors are a plausible proxy for on enhancing customer experience. the potential futures of conveyancing as they shared similar critical uncertainties as Further detail around the transformations highlighted on the previous page. of these industries over the past five years is provided in each potential future. These transformations also resulted in beneficial outcomes for customers in terms Local Café Accounting Travel Stockbroking Local knowledge, Trusted advisor Provide a mix Self-serve relationships and of bundled and transactions assurance bespoke services with advisors for complex cases How this is quantified Limitations For each of these potential worlds, time and money saved for practitioners, The quantitative analysis is high-level and leveraging work from Deloitte Access the indicative price customers may pay based on assumptions derived from the Economics’ report and comparator for services and the potential degree of potential future narratives and comparative industries, there are indicative numbers industry consolidation. changes seen in similar industries. For for the possible size of industry, number a full documentation of limitations and of transactions, number of key players, assumptions, see Appendix page 53. 27
The future of the Australian conveyancing industry 2025 and 2030 | Future State 28
The future of the Australian conveyancing industry 2025 and 2030 | Future state Drivers of consolidation There are four potential drivers of consolidation in the conveyancing industry forecast to range from 5% - 25% across potential futures Research has revealed there are four key fewer employees. Research suggests that drivers of potential consolidation in the in addition to this, consolidation will occur conveyancing industry – forecast to range as businesses that are well placed to use from 5% - 25% across potential futures. The digital technology expand their customer first hypothesis was that a smaller number base and compete for market share, of conveyancers and lawyers would service while those not ready to adapt struggle to the market, as commercial drivers result compete and potentially cease trading. in lower cost conveyancer businesses with 29
The future of the Australian conveyancing industry 2025 and 2030 | Future state Driver 1: Changes to cost structure The largest benefit from electronic lodgement and settlement is time savings. Practitioners have indicated that time savings are unlikely to drive customer prices lower but enable businesses to process larger volumes of transactions for the same fixed costs, improving their profit margins. While lawyers’ profit margins from conveyancing are not high relative to other work they do, the continual stream of work and short turn around for payment makes it an attractive revenue source. Driver 2: Market expansion Electronic conveyancing reduces the need for proximity to clients as practitioners no longer have to physically attend settlement. However conveyancers are still bound by state laws, so their ability to expand will be limited. Lawyers are not bound by the same constraints and can operate on a national settlement / lodgement system – particularly if unencumbered by face to face verification of identity requirements. However it is plausible that buyers and sellers will still value a local presence. Driver 3: Methods of attracting new customers Conveyancers already using streamlined electronic conveyancing are likely to attract more customers than late adopters. Real estate agents often provide recommendations to clients on which practitioners to use and will funnel customers to those businesses who provide the best experience for them. Customers often do not have strong preferences for certain conveyancing businesses. They tend to choose by price or word of mouth especially from real estate agents and the shift toward aggregator platforms will enhance this, meaning conveyancers will need to be on platforms in order to win work. Property developers are also another source of referral, creating an incentive to batch settlements together. Driver 4: Requirement to lodge electronically Larger and more progressive businesses expect to expand their market share – others are likely to drop out of the market given their lack of readiness and willingness to move to an electronic conveyancing platform. This will be mostly driven by the requirement to lodge electronically. 30
The future of the Australian conveyancing industry 2025 and 2030 | Future State Potential industry structures Based on the potential drivers of consolidation and the potential futures identified, there are four high-level potential industry structures Today, in part due to the state based with an average size of four employees. nature of conveyancing regulations and the Of this 12,000 enterprises, roughly 40% traditional need for proximity in order to (predominately conveyancing practitioners settle, there are few large national brands: and larger law firms) are responsible for instead conveyancing is a local service 92% of conveyancing transactions, with provided by sole practitioners and small the remainder filled by a long tail of smaller businesses. Across the industry, there law practices who perform a handful of are roughly 12,000 enterprises (~9,000 transactions for existing clients. In each law firms that offer conveyancing services potential future below, consolidation is and ~3,000 conveyancing practitioners) likely to occur in a number of ways: 1. ‘More Professional’ 2. ‘The Digital Advisor’ Some initial consolidation from Greater time saving enables conveyancers practitioners who retire early rather than to compete on customer service, leverage transition to digital. Practitioners either software platforms and white label join or are acquired by large firms with solutions to enable the transaction and scale to invest in technology, or subscribe underpin advice. Competition and use of to platforms and networks which provide online aggregators drives consolidation, software to their users. with the emergence of dominant players, and a middle market allied to various software network providers and contracting to law firms outsourcing small volumes of conveyancing work 3. ‘One Stop Property Shop’ 4.‘The iConveyancer’ Technological innovation and time saving Automated apps effectively enable reduces the human effort required to customers to self-serve a conveyancing conduct a conveyancing transaction. transaction. Firms with scale to invest in Coupled with customer demand for this technology prosper, whilst others bundled services and a fight to own the move toward serving the ~10% of complex customer, this leads to consolidation of transactions that cannot be automated industry verticals, conveyancers move in house with banks and real estate agents, or contract to bundled providers and law firms 31
The future of the Australian conveyancing industry 2025 and 2030 | Future state 2. ‘The Digital Advisor’ 3. ‘One Stop Property Shop’ More embedded Dominant players Dominant players e.g. Banks, national real estate services Middle market Middle Bundled market services (real estate, etc) Sole Sole practitioners practitioners Subcontractors Network alliances Digitally enabled Digitally led 1. ‘More Professional’ 4. ‘The iConveyancer’ Dominant Dominant players players Player + DIY platform More distinct Middle market Acquisitions / consolidation Complex specialists Middle market Sole practitioners 32
The future of the Australian conveyancing industry 2025 and 2030 | Future state 1. ‘More Professional’ If you believe that conveyancing will become technologically enabled, and that it will remain a distinct service where buyers and sellers engage conveyancers in a similar way to today, you are likely to see a world with a largely fragmented industry, with some initial consolidation due to the shift to 100% eConveyancing, as well as some time savings for practitioners. Market Process improvement Customer acquisition 5% 4.5 Fewer enterprises1 Hours saved2 The initial wave of digitisation may see a Conveyancing could be completed on cloud Customer acquisition is unlikely to change, small drop off in standalone practitioners based platforms that can be accessed by occurring through real estate/bank who choose not to take up digital APIs and workflows for other software to referrals, or through friends and family practices. There may also likely be some integrate. locally. Smaller conveyancing practices consolidation as sole practitioners and This could allow RPA digitisation of a (and individuals) may partner with banks, mid market firms join or are acquired by number of manual hand-offs including mortgage brokers and real estate agents to larger firms. Large law firms may invest contract review, which could lead to half an become their conveyancer of choice. in technologies to streamline parts of the hour in time savings. A few digital boutique conveyancers conveyancing process. Practitioners may still engage with buyers may emerge, providing an entirely ELNOs will continue to facilitate and sellers in-person, particularly given online service. This could minimise the preparation, settlement and lodgement VOI requirements. However, digital requirement for physical interaction with stages. However these can support enablement could fast track elements buyers and sellers who might prefer to plug-ins from practice management by allowing buyers and sellers to view a engage online. This could be customers in software solutions to enable title search dashboard online and keep track of the the younger demographic, rural customers and workflow management. This could status of their settlement, enabling a who might like to minimise travel time, or advantage practitioners with scale, more professional service and experience. buyers / sellers who have more experience who may be able to complete a high The cost to practitioners of developing in executing property transactions. volume of exchanges at speed. Given the complex technology solutions is predicted However, the desire for face to face fragmentation of the industry, margins are to be high, likely limiting the extent of reassurance may persist, limiting demand likely to be steady as practitioners use time process improvements as only a few large for fully digitally led solutions. savings to compete on price to achieve organisations will have the appetite to scale efficiencies. invest. 33
The future of the Australian conveyancing industry 2025 and 2030 | Future state How will we know it’s happening? Structure 2025 2030 •• Initial wave of consolidation driven by •• Consolidation slows, but firms with scale requirement to lodge electronically become more profitable and professional Dominant and licensing framework as some •• Further savings are realised from players practitioners elect not to transition to automation digital •• Industry partnerships form to ensure Acquisitions / consolidation referral channels Middle market •• Proptech companies such as Purplebricks Sole integrate conveyancing offerings, and practitioners capture a small percent of transactions Outcomes for users Others (incl. banks, real estate Buyers and sellers Practitioners agents, councils) $1,100 - $1,250 17% Avg Price Range3 Profit margins •• By streamlining the customer journey •• Opportunity for improvements in process •• Opportunity for better integration across and reducing manual processes, there speed, transparency and visibility in the value chain with digital handoffs are time and cost savings for a number of the longer term (e.g. dashboards), and between steps players in the ecosystem. However, this professionalism •• In person experience and local expertise requires significant investment from State •• Opportunity to reduce fragmentation, Registries, ADIs, real estate agencies however some digital handoffs still exist •• Some time savings, but incremental and practice management software along the value chain beyond those forecast in Report 1 companies •• Physical experience, minimal cost savings •• Digital process easier and faster, but •• Partnerships developed between minimal translation of time savings into conveyancers and banks / real estate •• E-conveyancing take up strongest rurally scale or additional services agents to formalise referral process to minimise travel for physical signing and settlement •• Leaves practitioners open to being disrupted if potential efficiencies are not •• Complex cases to be processed by operationalised or realised lawyers 34
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