What Does a Conveyancer Do in Australia? FAQs for Australians

The questions people ask

A conveyancer helps manage legal and administrative parts of a property transaction, but the exact role depends on the Australian jurisdiction. The work can include preparing or reviewing a contract of sale and other legal documents, with some states giving conveyancers specific responsibilities during settlement.

This guide covers what a conveyancer may do, why the rules differ between states, what documents may be involved, what happens at settlement, whether you can handle conveyancing yourself and when to compare providers. It is general information only, so your circumstances and the property’s location matter.

What does a conveyancer do?

A licensed conveyancer can prepare or review a contract of sale and other legal documentation. In Victoria, this includes preparing or reviewing the Section 32 statement, which is a document connected with the sale of land.

The work may also involve acting for a client in parts of the conveyancing process, subject to the rules applying in that jurisdiction. For example, a Victorian client authorisation can allow a conveyancer or lawyer to act as the client’s agent and sign paper conveyancing transactions on the client’s behalf.

The precise scope is not the same across Australia. Western Australia uses the term settlement agent, while conveyancers are not permitted to operate in Queensland or the Australian Capital Territory.

What documents can a conveyancer prepare?

The documents depend on the transaction and the state or territory involved. A conveyancer may prepare or review a contract of sale and other legal documentation, while Victorian work can include the Section 32 statement.

In Victoria, the vendor must give the buyer the Section 32 statement before the buyer signs the contract. The statement must contain the matters and documents specified by the Sale of Land Act 1962.

NSW has a specific requirement for residential property offered for sale: a contract of sale prepared by an Australian legal practitioner or licensed conveyancer must have been drawn up and made available before the property can be put on the market.

What happens during settlement?

Settlement is the point at which the transaction is completed, but the timing and method depend on the jurisdiction and transaction. In NSW, settlement usually takes place around six weeks after contracts are exchanged; the buyer pays the balance of the sale price and becomes the legal owner.

In NSW, a lawyer or licensed conveyancer who is a subscriber to an Electronic Lodgment Network must perform settlement electronically. The subscriber prepares the relevant documents and financial information, checks them, signs the relevant documents and financial settlement schedule on the client’s behalf, and arranges electronic lodgement.

Victoria also recognises client authorisations that allow a conveyancer or lawyer to act as the client’s agent and sign paper conveyancing transactions on the client’s behalf. These state-specific arrangements are why you should check what applies where the property is located.

Can you do your own conveyancing?

Doing your own conveyancing means you will not have the professional indemnity insurance provided by a legal practitioner or conveyancer if something goes wrong. Consumer Affairs Victoria recommends using a conveyancer or legal practitioner if you are not confident in your ability.

Insurance requirements also apply to licensed conveyancers in some jurisdictions. In NSW, licensed conveyancers must hold approved professional indemnity insurance unless they work only as an employee of a compliant law practice.

In Victoria, conveyancers must maintain at least $2 million in professional indemnity insurance at all times. A Victorian conveyancer’s licence may be automatically suspended or cancelled if the required cover is not in place.

When to compare your options

You may want to compare providers before choosing who will handle your transaction, particularly because the permitted role, terminology and requirements vary between jurisdictions. Start by checking that the provider operates in the relevant location and can handle the type of transaction you are undertaking.

You can compare available conveyancers and review how each provider describes its service, communication process and inclusions. Ask how the provider will handle the documents relevant to your transaction and whether it can support the settlement arrangements that apply in your state.

Fees are another part of the decision, so compare the quoted service and inclusions rather than looking only at the headline amount. You can review a guide to conveyancing costs and then compare providers before making a decision.

Frequently asked questions

What is the difference between a conveyancer and a solicitor in Australia?

The supplied information establishes that an Australian legal practitioner or licensed conveyancer may prepare a contract of sale in NSW, and that a lawyer or licensed conveyancer may perform certain electronic settlement work. The precise role and permitted scope depend on the jurisdiction, so check which professional can act for your transaction.

When should you engage a conveyancer when buying or selling a property?

The timing depends on the state and transaction. In NSW, a residential property cannot be put on the market until a contract of sale prepared by an Australian legal practitioner or licensed conveyancer has been drawn up and made available, while in Victoria the Section 32 statement must be given to the buyer before the buyer signs the contract.

What documents does a conveyancer prepare for settlement?

A conveyancer may prepare or review a contract of sale and other legal documentation. In NSW electronic settlement, a subscribing lawyer or licensed conveyancer prepares the relevant documents and financial information, checks them, signs on the client’s behalf and arranges electronic lodgement.

How long does conveyancing take in Australia?

There is no supported Australia-wide timeframe in the supplied information. In NSW, settlement usually occurs around six weeks after contracts are exchanged, but that NSW timing should not be treated as a general estimate for every Australian transaction.

Can you do your own conveyancing in Australia?

You can choose to do your own conveyancing, but you will not have the professional indemnity insurance provided by a legal practitioner or conveyancer if something goes wrong. Consumer Affairs Victoria recommends using a conveyancer or legal practitioner if you are not confident in your ability.

What insurance should a conveyancer have?

Insurance requirements vary by jurisdiction. NSW licensed conveyancers must hold approved professional indemnity insurance unless they work only as an employee of a compliant law practice. Victorian conveyancers must maintain at least $2 million in professional indemnity insurance, and their licence may be suspended or cancelled if they are not covered.

Important information

Editor's note: Confirm hearing dates, filing steps, and court practice with an Australian family lawyer or conveyancer who knows your circumstances. This article provides general information only and is not legal advice. Consider obtaining advice from a qualified Australian legal professional about your circumstances.