Conveyancer vs Solicitor in Victoria: Which Do You Actually Need?

If you’re buying or selling property in Victoria, one of the first decisions you’ll face has nothing to do with the property itself: do you engage a licensed conveyancer, or a solicitor? Both are legally entitled to handle your conveyancing. Both can review your Contract of Sale and Section 32, conduct searches, and manage settlement. So what’s actually different, and how do you choose?

They're Regulated Differently

This is the starting point, because it explains everything else.

A licensed conveyancer is a non-lawyer specialist, licensed under the Conveyancers Act 2006 (Vic). To be licensed, they need at least 12 months of supervised conveyancing experience (or a law degree plus practical training), and ongoing regulation through the Business Licensing Authority and Consumer Affairs Victoria. Their work is legally confined to “conveyancing work” as defined under the Act — broadly, the legal tasks connected with a property transaction.

A solicitor is a fully qualified lawyer, admitted to practice by the Supreme Court of Victoria after completing a law degree and practical legal training. Solicitors are regulated by the Victorian Legal Services Board and Commissioner (VLSB+C). Conveyancing is just one area they can practise in — alongside litigation, family law, commercial law, and anything else within their expertise.

Both are required to hold professional indemnity insurance, so you’re protected either way if something goes wrong with the work itself.

What Each Can Actually Do

For a standard residential purchase or sale, the practical work overlaps almost entirely. Both a conveyancer and a solicitor can:
  • Review the Contract of Sale and Section 32 Vendor Statement
  • Conduct title, planning, and council searches
  • Liaise with your lender and the other side’s representative
  • Prepare and lodge settlement documentation via PEXA
  • Attend electronic settlement and register the transfer of title
Where they diverge is scope. A conveyancer’s licence limits them to conveyancing work specifically — they cannot advise you on disputes, represent you in court, or step outside property transfer matters. A solicitor’s admission covers the full range of legal practice, which means they can advise on legal issues connected to the sale that fall outside a conveyancer’s authority — and if a dispute develops, they can represent you in proceedings without referring you elsewhere.

When a Conveyancer Is the Right Choice

For most straightforward residential transactions in Victoria, a licensed conveyancer is the appropriate and cost-effective choice. This covers the majority of buyers and sellers — a standard house, townhouse, or apartment purchase with no unusual complications, a willing seller, and a contract that doesn’t raise red flags.

Conveyancers typically work on fixed-fee pricing, which gives you cost certainty from the outset. Because property transfer is their sole focus, an experienced conveyancer who handles a high volume of transactions can often process your matter efficiently and is well versed in the routine issues that come up — easements, owners corporation certificates, standard special conditions, and so on.

When a Solicitor Is Worth Engaging

A solicitor’s broader legal training becomes valuable when a transaction moves beyond the routine. Situations where it’s worth considering a solicitor include:
  • Disputes or likely disputes — a contract breach, a disagreement over deposit release, or anything that could end up in negotiation or litigation
  • Complex contracts — off-the-plan purchases with unusual developer clauses, commercial or mixed-use property, or contracts with non-standard special conditions
  • Deceased estate matters — where the conveyance intersects with probate or estate administration
  • Family or relationship property transfers — particularly where there’s any possibility of dispute between the parties
  • Anything outside standard residential conveyancing — subdivisions, complex easements, or matters touching on other areas of law
If your matter starts simple but a complication emerges mid-transaction — a title issue, an aggressive vendor, a finance dispute — a solicitor can manage it directly. A conveyancer, constrained by their licence, would need to refer you elsewhere at that point, which can cost time you don’t have.

Cost Differences

Conveyancers generally charge a fixed professional fee, which makes budgeting straightforward. Solicitors may also quote a fixed fee for a simple matter, but are more likely to move to hourly billing if the transaction becomes complicated — which can make the final cost harder to predict upfront. Both will pass through disbursements (search fees, certificates, PEXA fees) and the government charges that apply regardless of who you engage, such as stamp duty and title registration fees.

The Practical Answer: You Don't Always Have to Choose

This is where many Victorian buyers get the best of both. Some firms combine licensed conveyancers with the oversight of qualified legal professionals — giving you the efficiency and fixed-fee clarity of a conveyancer-led process, with legal expertise available if something more complex surfaces. You’re not locked into a referral if your “simple” purchase turns out to have a complication; the legal capability is already part of the team handling your matter.

This is exactly the model PRD Conveyancing operates on. Our team combines experienced licensed conveyancers with the support of qualified legal professionals, so straightforward transactions move efficiently, and anything that needs a deeper legal eye is already covered without you needing to find and brief a separate solicitor partway through.

Quick Reference

  Licensed Conveyancer Solicitor
Regulated by Business Licensing Authority / Consumer Affairs Victoria Victorian Legal Services Board
Qualification Advanced Diploma of Conveyancing + supervised experience Law degree + practical legal training + Supreme Court admission
Scope Conveyancing work only Full legal practice
Can represent you in a dispute or court No Yes
Typical pricing Fixed fee Fixed fee (simple matters) or hourly (complex matters)
Best suited to Standard residential purchases and sales Complex, disputed, or legally unusual transactions

Frequently Asked Questions

Yes, for most off-the-plan contracts. If the developer’s contract includes unusual clauses or the matter becomes disputed, a solicitor’s involvement may be worthwhile — which is why working with a team that has both available matters.
Not necessarily for simple matters, but solicitors are more likely to bill hourly once complexity arises, which can make total costs less predictable than a conveyancer’s fixed fee.
Yes, though it can cost time and require re-briefing. This is the main advantage of engaging a firm where both are already part of the same team.
No. Banks and mortgage lenders in Victoria accept either, and both are authorised to attend settlement and register title.

Speak to Our Team

Whether your purchase is straightforward or has a few wrinkles, our team at PRD Conveyancing combines licensed conveyancing expertise with legal support, so you don’t have to guess which one you need before you’ve even started. Speak to our team about your specific transaction.

Sources & References

  • Victorian Legal Services Board and Commissioner — Problems with conveyancing
  • Conveyancers Act 2006 (Vic)
  • Consumer Affairs Victoria — Business Licensing Authority, conveyancer licensing requirements

This article provides general information and is not legal advice. Which professional suits your transaction depends on its specific circumstances — speak with a licensed conveyancer or solicitor about your situation before engaging anyone.

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