Carrying on Conveyancing Business | Licence Types | Work Experience & Qualifications | Professional Indemnity Insurance | Finding Out About the Law

Who can do Conveyancing work?

A conveyancer is a person or company other than an Australian Legal Practitioner, who carries on a business in the course of which
conveyancing work is undertaken.

As of 1 July 2008, new laws came into effect requiring Victorian conveyancers to be licensed by the BLA. Between 1 July 2008 and 30 September 2008 transitional arrangements are in place.

During this transitional period, if you carried on business as a conveyancer, immediately before 1 July 2008, you may continue to do so without a licence granted by the BLA. However, unless you apply for a conveyancers licence before 30 September 2008 you must cease carrying on any conveyancing business on 30 September 2008 until you apply for and are granted a conveyancing licence.

Between 1 July 2008 and 30 September 2008 you may apply for an unrestricted or a provisional licence. From 1 October 2008, only unrestricted licences can be applied for.

During the transitional period, individuals and companies who carried on business as a conveyancer immediately before 1 July 2008, as well as persons granted a provisional licence by the BLA, can only undertake conveyancing work as it was defined by the Legal Profession Act 2004 immediately before 1 July 2008. This means:

conveyancing work …other than legal work, carried out in connection with the transfer or conveyance of a freehold or leasehold interest in land;
legal work means –

(a) the preparation of any document that creates, varies, transfers or extinguishes an interest in land; or
(b) the giving of legal advice."

After 30 September 2008 and/or once an individual or company is granted an unrestricted conveyancing licence, they can undertake conveyancing work as defined under the Conveyancers Act 2006:

(1) …. "conveyancing work" means legal work carried out in connection with any transaction that creates, varies, transfers, conveys or extinguishes a legal or equitable interest in any real or personal property, such as, for example, any of the following transactions—
(a) the sale of a freehold interest in land;
(b) the creation, sale or assignment of a leasehold interest in land;
(c) the grant of a mortgage or other charge.

(2) Without limiting [the above definition], "conveyancing work" includes—
(a) legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to a transaction of a kind referred to in sub-section (1); and
(b) legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to a transaction of a kind referred to in sub-section (1); and
(c) any other legal work that is prescribed by the regulations as constituting conveyancing work for the purposes of this Act.


(3) However, "conveyancing work" does not include—
(a) legal work carried out for the purpose of—
i.) commencing or maintaining legal proceedings; or
ii.) applying for a grant of probate or letters of administration; or
iii.) establishing a corporation or varying the constitution of a corporation; or
iv.) creating, varying or extinguishing a trust; or
v.) preparing a testamentary instrument; or
vi.) giving investment or financial advice; or
vii.) investing money otherwise than as provided for in Part 5; or
(b) legal work connected with the sale of a business (including the sale of goodwill and stock-in-trade and the transfer of any business licence), other than legal work connected with a sale or lease of land or any other transaction involving land; or
(c) the provision of legal advice in relation to—
(i) obtaining the consent of a person or body under an Act or regulations to the development or use of land; or
(ii) an application for an order under Division 5 of Part IV of the Transfer of Land Act 1958 ; or
(d) work prescribed by the regulations as not constituting conveyancing work for the purposes of this Act.

Carrying on Conveyancing Business

Carrying on a conveyancing business means any business in the course of which conveyancing work is carried out for fee or reward, whether or not the carrying out of conveyancing work is the sole or dominant purpose of the business.

Employees undertaking conveyancing work within a conveyancing business operated by a licensed conveyancer do not require a licence. However, if you are an employee who is disqualified you cannot commence or continue to undertake conveyancing work unless you or your employer first apply for and obtain, an exemption from the BLA. For further information go to the Your Obligations page.

Both companies and individuals carrying on a conveyancing business must be licensed. In addition, companies must have least one licensed director.

Licence Types

There are two types of individual licences:
• An unrestricted licence, where you have both the relevant academic qualifications and conveyancing work experience. Such a licensee, without any restrictions, can undertake conveyancing work as defined under the Conveyancers Act 2006.
• A provisional licence, where you have not completed the required academic qualifications but have the relevant conveyancing business and/or work experience. A provisional licensee can only undertake conveyancing work as defined by the Legal Profession Act 2004 as in force immediately before 1 July 2008.

A company can only be the holder of an unrestricted licence.

Unlicensed conveyancers are liable for significant fines and/or two years imprisonment.

Work Experience & Qualifications
An individual applicant for a provisional licence must be able to demonstrate that they have performed conveyancing work on a continuing and repetitive basis as an occupation or for profit for at least 12 months. An applicant may be a principal of a conveyancing business or an employee of a conveyancing business (including branch managers or similarly experienced employees). An applicant for a provisional licence must also have carried on business as a conveyancer immediately before 1 July 2008.

An individual applicant for an unrestricted licence must be able to demonstrate at least 12 months experience in the previous 5 years carrying out conveyancing work as an employee or under supervision of a holder of an unrestricted licence or a legal practitioner.

For information on the qualifications go to the Applying for an Individual Licence page.

Professional Indemnity Insurance
To be eligible for a licence you must hold or be covered by the prescribed minimum level of Professional Indemnity Insurance of $1.5 mil.

Obtaining the insurance is a compulsory part of the application process. At the same time as you lodge your licence application with the BLA, you must lodge the Professional Indemnity Insurance Proposal Form with the Victorian Conveyancers Professional Indemnity Insurance Program PO Box 18042 Collins Street East 8003.

Further details about applying for insurance are found on the application pages.

For comprehensive information about the Conveyancing Licensing Scheme including the application process, eligibility requirement and on-going responsibilities please read the Conveyancing Guide.

Finding Out About the Law

Conveyancers 2006 (the Act) and the Legal Profession Act 2004.