Who can undertake conveyancing and what is their role?

Depending upon which State or Territory of Australia you are in, a lawyer or licensed conveyancer can undertake conveyancing work on behalf of a client.

For example, in Queensland, it is illegal to have conveyancing companies owned by licensed conveyancers and there is a requirement that only legal practices can undertake this work. This is governed by the Legal Profession Act 2007, administered by the Queensland Law Society and Legal Services Commission. In saying this, paralegals or conveyancers can be employed in legal practices under strict supervision by an Australian Legal Practitioner.

In other States, such as New South Wales, conveyancing can be undertaken by either a licensed conveyancer with NSW Fair Trading or an Australian Legal Practitioner. 

Conveyancing can involve many steps, for example:

• Preparing the contract 

• Examining and providing advice on the contract

• Reviewing building and pest reports 

• Providing critical date reminders 

• Examining a strata inspection report (if the property is in a strata scheme)

• Communicating with the incoming or outgoing financier

• Exchanging the contract of sale

• Holding the deposit 

• Arranging payment of stamp duty 

• Examining the mortgage agreement 

• Undertaking searches at the request of the client 

• Checking if there are outstanding arrears or land tax obligations

• Checking swimming pool compliance certificates 

• Finding out if any government authority has a vested interest in the land or if any planned development could affect the property

• Finding out any information that may not have been previously disclosed such as a fence dispute or illegal building work

• Calculating adjustments for council and water rates for the property settlement

• Overseeing the change of title and preparing transfer paperwork 

• Completing any final checks prior to settlement

• Calculating adjustments for outgoings at settlement 

• Attending settlement