How to Check if a Conveyancer Is Licensed

Before you hand over your property matter, and eventually your settlement funds, to a conveyancer, it is worth spending five minutes confirming they are actually licensed or registered to do the work. Conveyancing is a regulated occupation in every Australian state and territory, but the regulator, the licence category and the way you check it all differ depending on where you are buying or selling. Getting this step right protects you from a much bigger problem later, because unlicensed operators generally sit outside the compensation arrangements that exist to help clients who lose money through a conveyancer's misconduct.

Why Licensing Matters

A current licence or registration is not just a formality. It means the person handling your residential purchase or sale has met minimum education and experience requirements, holds professional indemnity insurance, is subject to trust account audit obligations, and can be held to account by a regulator if something goes wrong. If a dispute later arises over misplaced funds or a serious error, access to a state compensation or fidelity fund is usually only available where the person who caused the loss was properly licensed at the time.

Conveyancing Regulation Differs Across Australia

Most states, including New South Wales, Victoria, Western Australia, South Australia, Tasmania and the Northern Territory, allow both solicitors and specifically licensed or registered conveyancers to carry out property settlements. Queensland and the Australian Capital Territory work differently again: in both jurisdictions, conveyancing must be carried out by a solicitor practising within a law firm, because there is no separate licensed conveyancer occupation. That does not mean the work is unregulated, it simply means the relevant regulator is the state law society or legal services body rather than a consumer affairs department.

Where to Check a Licence in Your State

In New South Wales, licensed conveyancers are recorded on a public register maintained by NSW Fair Trading, which also discloses any disciplinary history. Victoria's licensed conveyancers are searchable through Consumer Affairs Victoria, while Western Australia requires anyone acting as a settlement agent to hold a current licence checked through Consumer Protection WA's settlement agents register. South Australia's registered conveyancers are searchable through Consumer and Business Services, Tasmania runs its own occupational licensing lookup through Consumer, Building and Occupational Services, and the Northern Territory records conveyancing agents through its Agents Licensing Board. If you are in Queensland or the ACT, the equivalent check is confirming the firm is a currently practising law firm through the relevant state law society, since the individual doing your paperwork will usually be a solicitor or a supervised employee of one.

What a Current Licence Actually Confirms

Seeing a licence number or an active entry on a register tells you several things at once. It confirms the person or firm has passed the relevant qualification requirements, that their professional indemnity insurance is current, that they are subject to periodic trust account audits, and that any disciplinary findings against them would be publicly recorded. None of this guarantees a perfect experience, but it means there is a regulatory framework standing behind the transaction, which matters enormously if your property transfer or purchase runs into a problem involving trust money. It also usually tells you how long the person has been practising, since most registers show the original grant date of the licence alongside its current status.

Checking a Firm as Well as an Individual

Many conveyancing businesses operate as companies, with several licensed conveyancers or solicitors working under one corporate name. In states such as New South Wales and Victoria, both the individual signing your documents and the corporate entity itself can hold separate licences, so it is worth confirming both where a business has more than one person handling your file. This matters most when you are dealing with a larger practice or one that operates across multiple offices, since the person you spoke to on the phone is not always the person named on your engagement letter. If anything looks inconsistent between the individual and the business name on your paperwork, it is reasonable to ask for clarification before you proceed.

Warning Signs Someone Might Not Be Licensed

A few signs are worth watching for. A conveyancer who is reluctant to provide a licence number, avoids putting their engagement terms and fees in writing, asks you to pay deposit or settlement funds into a personal or business operating account rather than a trust account, or cannot point to a fixed business address, should raise questions. Genuine, properly licensed conveyancers are used to being asked for this information and will provide it without hesitation, because it is publicly available anyway. Be equally cautious of anyone who claims a licence from one state entitles them to act on a property in a different state, since conveyancing authorisation is generally jurisdiction-specific rather than automatically portable.

What to Do if Someone Isn't Licensed

If your search does not turn up a match, or the licence appears to be suspended or cancelled, do not proceed with that person for your transaction. Report the matter to the relevant state regulator so they can investigate, and choose a different conveyancer or solicitor whose credentials you have confirmed. Continuing with an unlicensed operator, even informally or as a favour, removes the protections a properly regulated conveyancer would otherwise provide, including access to compensation arrangements if trust money goes missing. Most regulators accept reports online or by phone and treat unlicensed trading complaints seriously, since it affects public confidence in the whole profession, not just your individual transaction.

Checking Before You Commit

The best time to check a conveyancer's licence is before you sign any engagement letter or pay a deposit, not after a problem has already emerged. This is especially relevant for first home buyers and anyone using a conveyancer for the first time, since it is easy to assume that anyone offering the service must automatically be authorised to provide it. A quick register check, alongside a clear conversation about fees and the scope of work, gives you a much stronger footing before your transaction gets underway.