What Is and What Is Not Conveyancing

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Understanding the Legal Scope of Conveyancing in Victoria and What Sets Great Practitioners Apart

Introduction

The term conveyancing is commonly used in real estate transactions, yet its precise meaning and limits are often misunderstood by both consumers and professionals outside the legal field. In Victoria, conveyancing is a regulated legal process governed by several key pieces of legislation.

This article sets out to clarify exactly what is — and what is not — legally considered conveyancing, under Victorian law. It will also explain the relevant qualifications and legal responsibilities of conveyancers, how to distinguish between a compliant service provider and a high-performing one, and how you can assess whether you're getting the best possible representation for your property transaction.

What Is Conveyancing?

Under Section 4 of the Conveyancers Act 2006 (Vic), conveyancing work is defined to include legal work carried out in connection with any transaction that creates, varies, transfers, or extinguishes an interest in land. This includes, but is not limited to:

  • The sale or purchase of real property, including houses, units, and vacant land;

  • The transfer of ownership between related parties, such as spouses or family members;

  • The lodgement, variation or withdrawal of caveats;

  • Preparing and lodging documents such as Transfers, Notices of Acquisition, and mortgages;

  • Preparation of Section 32 Vendor Statements, pursuant to the Sale of Land Act 1962 (Vic);

  • Ensuring the transaction complies with the Transfer of Land Act 1958 (Vic), which regulates how land dealings are recorded at Land Use Victoria;

  • Undertaking verification of identity (VOI) and client authorisation processes as required by the Registrar’s Requirements for Paper Conveyancing Transactions, particularly in electronic transactions under the Electronic Conveyancing National Law (Victoria);

  • Managing settlement through PEXA or other approved Electronic Lodgement Network Operators (ELNOs);

  • Calculating and adjusting financial obligations for council rates, water rates, land tax, and owners corporation fees;

  • Communicating with banks and mortgagees to ensure clear title is delivered at settlement.

A licenced conveyancer is authorised to carry out these tasks, provided they hold a current licence under the Conveyancers Act 2006 (Vic) and meet the professional indemnity insurance and continuing professional development (CPD) requirements prescribed by the Victorian Business Licensing Authority (BLA) and the Consumer Affairs Victoria (CAV).

What Is Not Conveyancing?

It is equally important to understand what services fall outside the legal definition of conveyancing. The following are not legally defined as conveyancing work under Victorian law:

  • Providing financial or tax advice, including capital gains tax, GST obligations, or eligibility for stamp duty concessions. These services must be provided by a Registered Tax Agent or accountant.

  • Advising on loan products, structuring finance, or acting as an intermediary with lenders, which is the regulated domain of Australian Credit License (ACL) holders and mortgage brokers under the National Consumer Credit Protection Act 2009 (Cth).

  • Offering investment or performance advice, such as rental yields, expected capital growth, or suburb investment viability. These matters fall within the responsibilities of licensed real estate agents or financial advisers.

  • Providing building, pest, or engineering reports. While a conveyancer may recommend that these be conducted, the work must be undertaken by appropriately qualified professionals.

  • Mediating property disputes or undertaking litigation. Dispute resolution and legal enforcement are matters for legal practitioners admitted to practise under the Legal Profession Uniform Law Application Act 2014 (Vic).

  • Drafting complex legal instruments beyond standard contracts or transfers, such as testamentary trusts, shareholder agreements, or deeds of settlement, which must be prepared by a legal practitioner.

What Makes a Good Conveyancer?

A good conveyancer ensures your property transaction proceeds lawfully, smoothly, and on time. The core qualities of a good conveyancer include:

  • Thorough knowledge of all relevant legislation, including the Sale of Land Act 1962 (Vic), Transfer of Land Act 1958 (Vic), Conveyancers Act 2006 (Vic), and relevant planning and taxation laws;

  • Timely communication, ensuring clients are updated as each step of the process is completed;

  • Attention to detail, especially in identifying any encumbrances, easements, restrictions, or errors in the Vendor Statement or Contract of Sale;

  • Compliance with verification of identity and client authorisation requirements under the Registrar’s Requirements for Electronic Conveyancing;

  • Sound understanding of electronic conveyancing procedures, particularly through platforms like PEXA, ensuring seamless settlements and secure lodgement of dealings.

What Makes a Great Conveyancer?

A great conveyancer not only meets the legal and regulatory minimums, but adds strategic value to the transaction by:

  • Anticipating potential issues before they arise, such as defective Section 32s, complex title arrangements, or risks arising from planning overlays;

  • Proactively advising clients of their rights, risks, and options, with the clarity and precision necessary to make confident decisions;

  • Coordinating with third parties such as buyers’ agents, lenders, real estate agents, and government authorities to prevent breakdowns in communication;

  • Operating with total transparency, including detailed written advice, fixed fee quotes, and clear timeframes;

  • Committing to client education, so that purchasers and vendors fully understand the transaction and what is expected of them at each stage;

  • Upholding the highest ethical standards, as required under the Conveyancers (Professional Conduct and Trust Account and General) Regulations 2008 (Vic).

How to Tell If You’re Getting the Best

When assessing whether you are receiving top-tier service from a conveyancer, consider the following indicators:

  • Have you received written advice clearly outlining any risks or non-compliance in the Contract or Section 32?

  • Are communications prompt, accurate, and written in plain English with reference to applicable laws?

  • Does your conveyancer explain not only what is happening but also why it matters?

  • Has your conveyancer provided advice tailored to your circumstances — for example, pointing out future issues relevant to investment resale or inheritance?

  • Are you dealing directly with the conveyancer who is managing your file, or are you being routed through junior administrative staff?

If the answer to all or most of the above is “yes,” then you are likely in excellent hands.

Conclusion

Conveyancing is a tightly regulated legal service with clearly defined boundaries and obligations. While it is central to any property transaction, it does not replace the need for other professional advice in the areas of tax, finance, or property investment.

At Victorian Property Settlements, we pride ourselves on offering not only compliant conveyancing under all applicable Acts and regulations but also attentive, considered advice tailored to your needs. Whether you're a first-time buyer, seasoned investor, or family transferring between trusts or related parties, we aim to ensure your transaction is both secure and fully understood at every stage.

Should you wish to discuss your matter or obtain a fixed-fee quote, we welcome your enquiry.