Who can give ILA in Victoria

Independent legal advice in Victoria must be given by an Australian legal practitioner with a current practising certificate. Victorian Legal Services Board + Commissioner regulates the profession in Victoria; solicitors admitted in any Australian jurisdiction and entitled to practise in Victoria can issue ILA certificates on Victorian transactions.

Licensed conveyancers in Victoria are not authorised to give independent legal advice. Victorian conveyancers can prepare contracts of sale and run conveyances, but they cannot sign ILA certificates. If you're unsure whether your professional adviser is a solicitor or a conveyancer, ask to see their practising certificate before booking ILA with them.

What the certificate looks like in Victoria

The certificate format is dictated by each lender, but the content is consistent. A Victorian ILA certificate will typically confirm:

  • The solicitor is admitted to practise in Australia and holds a current Victorian practising certificate (or reciprocal authority).
  • The solicitor is independent of the lender, broker and other parties.
  • The client attended a meeting in person or by audio-visual link.
  • Identity was verified using a Victorian driver licence, Australian passport, or other approved photo identification.
  • The solicitor explained the legal effect of the document and the client signed voluntarily.

The certificate is signed and dated by the solicitor and travels with the loan document pack back to the lender.

Witnessing rules in Victoria

Victoria made its remote witnessing reforms permanent through changes to the Electronic Transactions (Victoria) Act 2000. A Victorian solicitor can witness a signature by audio-visual link provided they:

  1. Observe the signing in real time.
  2. Are reasonably satisfied the document being signed is the document being witnessed.
  3. Sign either the same physical document (returned by mail or courier) or a counterpart.
  4. Annotate the witnessing clause to confirm the document was witnessed by audio-visual link.

For Victorian mortgages and guarantees, the result is the same as in NSW: the client signs on paper in front of the solicitor over a video call, then sends the original bundle back the same day. Major banks accept this workflow.

Land Use Victoria and registration

Real-property mortgages in Victoria are registered with Land Use Victoria, via the electronic lodgement network. As with NSW, mortgage registration is electronic and is handled by the lender's settlement agent, so the borrower or guarantor doesn't deal with the registration mechanics directly.

What you do deal with is the original wet-signed mortgage document, which is held by the lender as evidence of the transaction. Victoria has slightly different rules on stamping for related security documents (such as guarantees over Victorian property), and your ILA solicitor will know how to manage these in the document pack.

Common Victorian scenarios that trigger ILA

Victoria sees the same scenarios as NSW — but with some local flavour:

  • Melbourne first-home buyers with family guarantees, particularly in the inner and middle suburbs where deposit thresholds are high.
  • Regional Victorian farm and rural property purchases, often through family trusts with multiple personal guarantees.
  • SMSF property purchases, where the bare trust and personal guarantees follow the same pattern as elsewhere in Australia.
  • Refinances with co-borrower changes, including separations and matrimonial property splits.
  • Commercial small-business loans secured against Victorian residential property used as security, with personal guarantees from directors.

Timing and turnaround

Standard Victorian settlements run 30 to 45 days from contract; ILA usually fits comfortably in that window. Same-day appointments are available in Victoria with most online providers. The major timing risk is the wet-signed original making it back to the bank by settlement — Melbourne metropolitan addresses are fine on overnight courier; regional Victoria sometimes needs an extra day.

Your next step

If your bank has asked for ILA on a Victorian loan, get the document pack to your solicitor early and book a slot 48–72 hours before settlement. Our guide to what to bring to your appointment applies in all states.

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. Lender, state and witnessing rules change — confirm with your broker or solicitor before signing.