business.gov.au

Conveyancer's Licence - Victoria

Description

You will need this licence to operate as a conveyancer in Victoria and are not approved as an Australian legal practitioner or incorporated legal practice. Both companies and individuals carrying on a conveyancing business must be licensed. In addition, companies must have at least one director who is a licensed conveyancer.

Employees undertaking conveyancing work within a conveyancing business operated by a licensed conveyancer do not need a licence. However, if you are an employee who is disqualified from doing conveyancing work, you cannot commence or continue to undertake conveyancing work unless you or your employer first apply for and obtain, an exemption from the Agency.

To apply for conveyancer's licences, you must use the myCav system.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

To be eligible for this licence, you must:

  • be at least eighteen years old
  • apply using the approved form
  • provide all the required documentation to the Agency
  • have obtained twelve months' (or part-time equivalent obtained in five years) work experience and completed the required educational qualifications
  • not be disqualified from practising conveyancing
  • hold the required professional indemnity cover, or be employed by someone who does
  • pay any required fees.

If you are currently licensed or registered as a conveyancer (or equivalent) elsewhere in Australia or New Zealand you may be eligible to apply for this licence under mutual recognition arrangements.

For a company to be eligible for this licence, they must:

  • have at least one director as a licensee
  • have no directors be disqualified from practising conveyancing
  • hold the required professional indemnity cover
  • pay any required fees.

Ongoing eligibility requirements

As a licensed conveyancer you will need to comply with the rules of professional conduct and trust accounting procedures and requirements as prescribed in the regulations.

You must notify the Agency of any changes to your personal or business details, including professional indemnity insurance and disqualifying criminal offences.

You must apply to the Agency for permission to hold or continue to hold a conveyancers licence if you, a company or company director has had a claim allowed against the Victorian Property Fund or within the last ten years been convicted or found guilty of a disqualifying offence.

If you intend to conduct conveyancing business from more than one branch office / location, the day-to-day operation of each branch office must be managed by a separate licensed conveyancer unless an exemption is granted by the Agency.

Duration

Ongoing unless revoked or limited to a provisional licensing period

Fees

Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All $461.60

Company application fee. Fees for 2022-23
Apply Application All $273.40

Individual application fee. Fees for 2022-23
Apply Licence All $931.80

Company annual fee. Fees for 2022-23
Apply Licence All $920.80

Individual annual fee. Fees for 2022-23

Act(s) name

Conveyancers Act 2006 Victoria

Regulation(s) name

Conveyancers (Professional Conduct) Regulations 2018 Victoria

Conveyancers (Qualifications and Experience) Regulations 2018 Victoria

Conveyancers (Trust Account and General) Regulations 2018 Victoria

Lodgement process

Apply

Applications must be made online through the attached myCAV portal.

Approval time

4 to 6 weeks

Additional information

Conveyancing work is legal work relating to the following property transactions:

  • the sale of freehold interest in land
  • the creation, sale or assignment of a leasehold interest in land
  • the grant of a mortgage or other charge over land or personal property (possessions).

Legal work includes giving advice, preparing and reviewing relevant documents, and exchanging or registering documents. If one of the following conditions apply to an applicant for a new or a renewed conveyancer's licence, then they must submit a Conveyancer's Permission Application. The conditions are:

  • a company or company director had a claim allowed against the Victorian Property Fund
  • a company or company director has been convicted or found guilty of fraud, dishonesty, drug trafficking or violence punishable by more than three months jail
  • a company that ceases to have a director who is a licensed conveyancer.
Interstate workers will need to notify the Agency before they can rely on Automatic Mutual Recognition to act as a Conveyancer.

Administering agency

Business Licensing Authority

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.