When you buy or sell a home in Australia, someone has to handle the legal transfer of ownership. You can usually choose between a licensed conveyancer and a solicitor — but they are not the same, and the right choice depends on your matter and, in two jurisdictions, on where the property is.
What a conveyancer does
A licensed conveyancer specialises in one thing: conveyancing — the process of transferring property ownership. That includes reviewing the contract, ordering searches, calculating adjustments for rates and taxes, and attending settlement. Because it is all they do, conveyancers are often faster and cheaper than a law firm for a straightforward residential purchase or sale, and most quote a fixed fee.
What a solicitor adds
A solicitor can do everything a conveyancer does, and is also qualified to advise on legal issues beyond the conveyance — a complex contract dispute, an unusual trust or company structure, a caveat, or tax and estate-planning questions. For most standard transactions you will never need that extra reach. For a complicated one, it can matter.
The rule of thumb
For an ordinary residential purchase or sale, a licensed conveyancer is generally all you need — and usually the better value. Consider a solicitor when your matter carries legal complexity: a related-party or deceased-estate transfer, a contentious contract, an off-the-plan purchase with unusual terms, or a commercial deal. A good conveyancer will tell you when something is beyond their scope and should be referred to a lawyer.
Two states where you do not choose
In Queensland and the Australian Capital Territory there are no licensed conveyancers. By law, property settlement in those two jurisdictions must be handled by a qualified solicitor. Everywhere else — New South Wales, Victoria, South Australia, Western Australia (where they are called settlement agents), Tasmania and the Northern Territory (conveyancing agents) — you can use either.
Before you engage anyone
Ask for the licence or registration number and check it on your state's public register, confirm the fee is fixed and what it covers, and ask what disbursements you will pay on top. Whether you choose a conveyancer or a solicitor, the questions that protect you are the same.
Not sure which applies to you?
Our Conveyancer or Solicitor? tool asks two quick questions — your state and your matter — and tells you whether a licensed conveyancer can act or whether you need a solicitor.