QLS says no to independent conveyancers in sunshine state
As debate continues over the issue, QLS President Genevieve Dee has responded to the ongoing debate about levelling the playing field between conveyancers and lawyers.
QUEENSLAND law leaders have pushed back against the introduction of independent conveyancers.
As debate continues over the issue Queensland Law Society President Genevieve Dee has responded to the ongoing debate about levelling the playing field between conveyancers and lawyers in the sunshine state.
Conveyancing industry leaders across Australia have been calling for a change in the system which forces them to act under the guidance of a lawyer – unlike other states.
NSW AIC president Ann Blannin-Ferguson started the campaign, writing to QLS and Queensland Premier David Crisafulli, as reported in Australian Conveyancer.
“Queensland Law Society has always maintained the importance of obtaining legal advice on all property transactions, no matter how big or small,” says Queensland Law Society President Genevieve Dee.
“The issue of licensed conveyancers operating in Queensland has been long debated.
“The legislation governing property transactions varies in each jurisdiction.
“Simply, opening the doors to licensed conveyancers is not straightforward.
“Before practising in property law in Queensland, not only is it important to understand the law but the nuances of industry practice and standards in Queensland such as the significant consequences of time of the essence contracts.
“Navigating the legal requirements of buying or selling a property can be a challenge. While most property transactions seem simple, there are always exceptions to this rule.
“A solicitor is best placed to provide the appropriate advice for buyers and sellers, particularly when the transaction unexpectedly becomes complex.
“Law firms in Queensland, including many small businesses, have paralegals undertaking conveyancing work under the supervision of a qualified, experienced solicitor.
“Given the significant safeguards in place for consumers of legal services in Queensland, major law reform would be needed to allow conveyancers to practice independently from law firms.
“This is a large piece of work that needs to consider:
- Changes to policy and legislation
- Establishment of regulatory regime and oversight structures
- Identification and approval of appropriate courses, accreditation and practical legal training, and
- The development of suitable conduct and equivalent insurance and fidelity guarantee rules.
The QLS leader said that the organisation supported legal practitioners continuing to provide conveyancing services to Queenslanders as they embark on one of the most significant financial transactions of their lives.
