Debate continues on independent conveyancers in Queensland 

A prominent Queensland property lawyer has hit back at calls for the introduction of independent conveyancers in the sunshine state. 

The Real Estate Lawyer owner Nadine Wismayer wrote an in-depth article for Australian Conveyancer arguing that admin assistants and paralegals working on behalf of a solicitor should remain under the guidance of lawyers in Queensland. 

Queensland Law Society president Genevieve Dee has also said no to independent conveyancers in sunshine state after Australian Institute of Conveyancing leaders across Australia made calls to level the playing field. 

Nadine says independent conveyancers would undermine safeguards, exposing consumers to significant risks. 

She said that the complexity of property transactions and the limited legal training of admin assistants or paralegals carrying out the tasks on behalf of a solicitor could result in significant risks. 

The introduction of independent conveyancers would undermine safeguards, exposing consumers to significant risks due to the complexity of property transactions and the limited legal training of conveyancers, she said. 

“A single oversight—such as failing to identify an easement, misinterpreting a contract condition, or mishandling a body corporate disclosure—can lead to financial loss, delayed settlements, or costly litigation.  

“Solicitors, with their comprehensive legal education, practical training, and ongoing professional development, are uniquely equipped to navigate this framework and provide robust legal advice to protect clients.   

“Introducing licensed conveyancers in Queensland would undermine the importance of the legal profession, particularly for property lawyers, by devaluing their specialised expertise and comprehensive legal training.” 

Here’s her article in full: 

As a Queensland property lawyer with extensive experience in conveyancing, I strongly oppose any proposal to license conveyancers to operate independently outside of law firms in Queensland.  

The current system, where only qualified solicitors handle conveyancing under the Legal Profession Act 2007 (Qld), ensures the highest standards of consumer protection, legal expertise, and market stability.  

Introducing independent conveyancers would undermine these safeguards, exposing consumers to significant risks due to the complexity of property transactions and the limited legal training of conveyancers. 

 Conveyancing in Queensland is a highly complex process, governed by over 20 pieces of legislation, including the Land Title Act 1994, Property Law Act 1974, Body Corporate and Community Management Act 1997, and Duties Act 2001, among others.  

These laws intersect with intricate issues such as title registration, strata schemes, zoning regulations, and foreign investment rules.  

A single oversight—such as failing to identify an easement, misinterpreting a contract condition, or mishandling a body corporate disclosure—can lead to financial loss, delayed settlements, or costly litigation.  

Solicitors, with their comprehensive legal education, practical training, and ongoing professional development, are uniquely equipped to navigate this framework and provide robust legal advice to protect clients.   

Introducing licensed conveyancers in Queensland would undermine the importance of the legal profession, particularly for property lawyers, by devaluing their specialised expertise and comprehensive legal training.  

The legislation, such as the Land Title Act 1994 and Property Law Act 1974, requiring a deep understanding of legal principles to manage risks like title defects, contractual disputes, or regulatory compliance.  

Property lawyers, regulated under the Legal Profession Act 2007 with mandatory qualifications and professional indemnity insurance, are uniquely equipped to provide holistic advice and protect clients’ interests.  

Allowing conveyancers, who typically lack equivalent legal education and focus on procedural tasks, to operate independently risks diluting the rigorous standards of the legal profession, eroding consumer trust, and increasing errors that could lead to costly legal interventions, thus diminishing the critical role of property lawyers in ensuring robust and secure transactions. 

In contrast, conveyancers, as seen in other jurisdictions like New South Wales or Victoria, typically complete vocational training (e.g., a Certificate IV in Conveyancing akin to the Certificate IV in Real Estate Practice for real estate agents) focused on procedural tasks.  

This training does not equip them to handle the legal complexities of Queensland’s property market, such as disputes, defective titles, or regulatory compliance.  

My professional experience confirms that insufficient legal expertise can lead to disastrous outcomes, including contractual breaches, invalid transactions, and disputes requiring legal intervention.  

Allowing conveyancers to operate independently risks replicating these issues in Queensland, eroding public confidence in property transactions. 

Queensland’s solicitor-only model prioritises consumer protection through strict regulation by the Queensland Law Society, mandatory professional indemnity insurance, and clear avenues for recourse via the Legal Services Commission.  

Conveyancers, even if licensed, would likely operate under a less rigorous framework, potentially leaving clients vulnerable to errors with limited remedies.  

The high stakes of property transactions, often the largest financial decisions individuals make, demand the expertise and accountability that only solicitors can provide. 

 Proponents of independent conveyancers may argue they offer lower fees and increased competition.  

However, any short-term cost savings are outweighed by the risks of errors, which can incur rectification costs, settlement delays, or litigation expenses far exceeding initial savings.  

Queensland’s property market, with its diverse property types (e.g., strata titles, rural land) and high transaction values, requires reliability and precision.  

Introducing conveyancers would also necessitate significant legislative and administrative changes, creating a transitional period of uncertainty without clear evidence of public benefit. 

 In conclusion, Queensland should maintain its solicitor-only conveyancing system to safeguard consumers, uphold legal standards, and ensure the integrity of property transactions. Licensing conveyancers to operate independently outside law firms is unnecessary and risks compromising the stability of Queensland’s property market. 

I urge policymakers to reject any such proposal and preserve the current framework, which has proven effective in serving the public interest.