What "independent" actually means
"Independent" in this context doesn't mean a solicitor you've never met before. It means a solicitor who isn't acting for any of the other parties to the same transaction. Specifically, they can't be acting for:
- The lender.
- The borrower (if you're the guarantor or consenting owner).
- The mortgage broker, or any related entity to the broker.
- The other guarantor, where one already has their own lawyer.
Lenders set this rule because the whole point of ILA is to give you advice from someone whose only client is you, on this single decision. If your solicitor is also running the conveyance for the borrower, or is a regular referral partner of the broker, the "independence" cuts both ways and the protection breaks down.
When your usual solicitor can do it
Yes, your usual solicitor can give you ILA — provided they meet these tests (the general rules are in what is an ILA certificate):
- They are an admitted Australian solicitor with a current practising certificate.
- They are not acting for the lender, the borrower or the broker in this transaction.
- They have professional indemnity insurance.
- The lender's certificate template accepts their signature (some banks require the solicitor to confirm they are not a related party to the lender).
If you have a family solicitor you've used for years who has no connection to this loan, they're often a perfectly reasonable choice. The catch is that ILA is a niche product, and many general-practice solicitors don't run it day-to-day. The fees can be high, the turnaround slow, and the certificates sometimes get returned by the bank for technical fixes.
When they can't
Your usual solicitor cannot give you ILA if any of the following apply:
- They're doing the conveyance for the property. If they're acting for the borrower on the purchase, they cannot also be the guarantor's independent solicitor. Many people are surprised by this — but it's a hard line.
- They've previously advised the borrower on the same loan. Even if the file is now closed, there's a potential conflict.
- They're a related party to the lender or broker. Some boutique lenders run in-house legal teams; their solicitors cannot give borrowers ILA on the same loans.
- They aren't admitted in any Australian jurisdiction. An overseas lawyer can't sign an Australian ILA certificate, even if you trust their judgment.
Splitting roles: conveyancer for the property, ILA solicitor for the loan
Most clients end up using two different professionals: a conveyancer or property lawyer for the purchase, and a separate independent solicitor for ILA. The two jobs don't overlap. The conveyancer handles contract review, searches, settlement and registration. The ILA solicitor handles the loan and guarantee documents, the meeting, and the certificate.
That separation is normal and expected. It's not a sign that your usual lawyer has done anything wrong — it's a structural feature of the way lenders manage risk.
What it costs either way
If you use your usual solicitor for ILA, fees vary widely — anywhere from $300 to $1,500+, often with hourly billing on top of a base fee. The variation reflects how often that practice handles ILA and how the file is structured.
Fixed-fee online ILA providers cost less for one obvious reason: it's all they do, the workflow is standardised, and the certificates are accepted by every major lender. ILA Online charges $550 inclusive of GST with no hourly add-ons — see how much ILA costs in Australia for a fuller comparison. If your usual solicitor quotes a higher fee for a service they don't run often, the trade-off is rarely worth it.
Your next step
If you already have a solicitor in mind, ask them three questions: (1) are you acting for any other party in this transaction? (2) what's your fixed fee for ILA, with no hourly extras? (3) what's your turnaround time? If any of those answers don't work for your settlement, an online provider is usually the simpler path.