What conveyancing actually is

Conveyancing is the legal process of transferring property ownership from one party to another. Your conveyancer (or property lawyer) handles the property side of the transaction: reviewing the contract of sale, organising searches on the title, coordinating settlement with the seller's representatives, paying stamp duty, and registering the transfer with the land titles office.

The conveyancer's client is the buyer, and their job is the property. They will read the contract, flag any unusual clauses or risks (easements, encumbrances, planning restrictions), and make sure that on settlement day the property changes hands cleanly and the right party ends up on the title.

Conveyancing is regulated state-by-state. In some states (notably NSW and Victoria) a licensed conveyancer can do it; in others (like Queensland) it must be a solicitor. Either way, the scope is the property, not the loan.

What ILA is, by contrast

Independent legal advice is about the loan or guarantee, not the property. The ILA solicitor reads your mortgage documents (or the guarantee, if you're a guarantor), explains the legal effect of what you're signing, and certifies that you've understood it.

The ILA solicitor's client is you personally — the borrower or guarantor. They have no involvement in the property transaction. They don't read the contract of sale, don't search the title, don't pay stamp duty, and don't deal with the seller. Their entire focus is the document that creates your legal obligation to the bank.

Critically, the ILA solicitor must be independent. They can't also be acting for the lender or for any other party to the transaction. That's why your conveyancer usually can't double up as your ILA solicitor — they're already advising you on the property, which creates a conflict. (More on the independence rule in can my own solicitor provide ILA.)

The two services side by side

The clearest way to see the distinction:

  • Who it's for: Conveyancing — anyone buying or selling property. ILA — anyone signing a mortgage or guarantee where the bank requires it.
  • What's being advised on: Conveyancing — the property transaction. ILA — the loan or guarantee documents.
  • Who provides it: Conveyancing — a licensed conveyancer or property lawyer. ILA — an admitted Australian solicitor, independent of the lender.
  • When it happens: Conveyancing — from contract signing through to settlement, usually 6 weeks. ILA — a single appointment, typically the week before settlement.
  • Typical cost: Conveyancing — $1,000–$2,500 for a standard residential purchase. ILA — $300–$700 per person for fixed-fee online practices (see our cost breakdown).
  • What you walk away with: Conveyancing — clean title in your name. ILA — a signed certificate the bank needs before releasing funds.

When you need both

Most property purchases involving a guarantor, an SMSF, or any non-standard loan structure require both services. A typical timeline:

  1. You sign a contract of sale. Your conveyancer takes over from here — they review the contract, do title searches, manage cooling-off, and start preparing for settlement.
  2. You apply for finance through your broker. The bank issues a loan offer.
  3. If the loan involves a guarantor or other ILA trigger, the bank's offer includes an ILA requirement. Your ILA solicitor is engaged separately — a different firm from the conveyancer.
  4. Around 1–2 weeks before settlement, you have your ILA appointment. The signed certificate is sent to the bank.
  5. On settlement day, your conveyancer attends settlement, the bank releases the loan funds, the property transfers into your name, and the mortgage is registered.

The two professionals don't usually need to talk to each other. Your broker is the connector — they brief both, send documents to both, and coordinate timing.

Can the same firm do both?

Technically, sometimes. A firm with multiple solicitors could in theory have one solicitor do your conveyancing and a different solicitor in the same firm do your ILA. In practice, most major Australian lenders prefer (and many require) the ILA solicitor to be at a completely separate firm, to avoid even the appearance of a conflict.

Asking your conveyancer "can you also do my ILA?" is a fair question — the answer is usually "no, but we can refer you to someone." Most conveyancing firms maintain a list of ILA practices they refer to, and the referral is no more expensive than going directly.

Going through a dedicated online ILA practice usually works out the cheapest and fastest, regardless of whether your conveyancer also offers it.

Three reasons not to conflate them

You won't get the same level of focus. A conveyancer reading mortgage documents on the side is doing two things at once. A specialist ILA solicitor reading a guarantee is doing one. The depth of the conversation reflects that.

The conflict-of-interest risk is real. If your conveyancer also gave you advice on a guarantee that later turns out to have been worse for you than disclosed, the conflict is exposed. Independence isn't just a regulatory ritual.

The timing is different. Conveyancing runs across weeks; ILA is a single short appointment near the end. Bundling them confuses the timeline and tends to push ILA to the last minute — exactly when you don't want a settlement-critical step to be rushed.

General information only. This article gives general guidance for Australian borrowers and guarantors. It is not legal advice and does not consider your individual circumstances. For advice on your specific situation, book a paid ILA appointment or speak to a qualified Australian solicitor.