When buying or selling property in Cairns, you’ll hear two terms: solicitor and conveyancer. But here’s what most people don’t realise — if you’re in Queensland, the regulatory structure works differently than in other states.
Unlike states like New South Wales and Victoria, Queensland law requires conveyancers to work within law firms rather than operating as independent practitioners. This doesn’t mean conveyancers lack expertise or need supervision — many have decades of experience and handle transactions independently. Rather, it’s a regulatory framework related to practising certificates and professional indemnity insurance requirements.
Key Takeaways
- In Queensland, conveyancers must work within law firms holding a Queensland Law Society practising certificate
- This requirement relates to insurance and regulatory structure, not competence or oversight needs
- Experienced conveyancers handle property transactions independently within these firms
- Solicitors are qualified lawyers who can handle complex legal issues beyond property transfers
- Conveyancers specialise in property transactions and bring focused expertise to this area
- For straightforward sales, an experienced conveyancer can manage the process efficiently
- Complex transactions involving disputes or overlapping legal matters require a solicitor’s broader legal expertise
What Is a Solicitor?
In Queensland, a solicitor is a fully qualified legal professional who has completed a law degree and has been admitted in the Supreme Court. They are also required to have a legal practising certificate from the Queensland Law Society. Solicitors can practice across multiple areas of law, including family law, business law, criminal law, and property law.
When it comes to property transactions, solicitors don’t just manage paperwork. They can provide legal advice on tax implications, draft special conditions that hold up in court, and represent you if disputes arise. Their training equips them with the legal authority to handle complications that extend beyond standard property transfers into other areas of law.
In Queensland, solicitors can practice anywhere in Australia. So whether you’re buying in Cairns, selling on the Gold Coast, or investing in Sydney, your Cairns solicitor can handle it.
What Is a Conveyancer?
A conveyancer is a property transfer specialist who has completed specific training in conveyancing law. They know the ins and outs of title searches, contract preparation, settlement procedures, and all the administrative tasks that make a property sale happen. Many conveyancers bring decades of specialised experience to property transactions.
Here’s where Queensland differs from other states. While licensed conveyancers can own and operate independent businesses in states like New South Wales and Victoria, Queensland and the ACT require conveyancers to work within a law firms or under the practising certificate of licensed solicitor. This isn’t because conveyancers need legal oversight — experienced conveyancers handle transactions independently. Rather, it’s primarily due to professional indemnity insurance requirements and the need for the firm to hold a Queensland Law Society practising certificate.
This means when you engage a conveyancer in Cairns, you’re engaging them through a law firm structure, but you’re benefiting from their specialised property transaction expertise.
The Difference Between Solicitor and Conveyancer
There are several differences between solicitors and conveyancers that are important to understand.
Qualifications
Solicitors complete a four-year law degree, followed by practical legal training or legal traineeship. Conveyancers typically complete a diploma in conveyancing followed by supervised practical experience. Many build on this foundation with years or even decades of specialised practice.
Scope of Work
Solicitors can handle any legal matter that arises during your property transaction — boundary disputes requiring litigation, family law implications, estate planning considerations, or court representation. Conveyancers specialise in property transfer tasks and focus their expertise in this specific area of law.
Geographic Limitations
Queensland solicitors can work on properties anywhere in Australia. Conveyancers (in states where they practice independently) are generally restricted to their licensed state.
Cost
Pricing can vary between professionals based on their experience and the complexity of your transaction. Many firms offer fixed-fee conveyancing for standard transactions, regardless of whether a solicitor or conveyancer handles the file.
Why Queensland’s System Works for Property Buyers
Queensland’s requirement that conveyancers work within law firm structures provides a framework that benefits property buyers and sellers.
When you work with lawyers in Cairns for your property transaction, you have access to both specialised conveyancing expertise and broader legal advice if unexpected issues surface. That building inspection that reveals unapproved renovations? The firm can advise on your legal options. The seller’s contract contains unusual clauses? Someone can explain the implications and negotiate changes.
Property transactions rarely go exactly to plan. Working with a law firm (whether your file is handled by an experienced conveyancer or a solicitor) means you have legal expertise available when you need it.
When You Definitely Need a Solicitor
Some situations demand a solicitor’s broader legal knowledge:
Complex Property Types
Off-the-plan purchases with sunset clauses and developer negotiations, rural properties with water rights, or strata titles with complicated bylaws may benefit from a solicitor’s comprehensive legal approach.
Legal Complications
If there are boundary disputes requiring potential litigation, easement issues, or matters that may end up in court, only a solicitor can represent you in those proceedings.
Overlapping Legal Matters
Buying property as part of a family trust? Selling due to divorce or estate settlement? These situations involve areas of law beyond conveyancing where a solicitor’s broader training is essential.
Interstate or Investment Purchases
Queensland solicitors can handle property transactions across Australia, while conveyancers in most states are restricted to their licensed state.
Choosing the Right Legal Support
In Queensland, the question isn’t really about solicitor vs conveyancer in terms of business structure — both work within law firms. What matters is finding the right professional for your specific situation.
For straightforward purchases and sales, an experienced conveyancer brings focused expertise and can handle your transaction efficiently from start to finish. For complex matters involving litigation risk, multiple areas of law, or situations requiring court representation, you’ll want a solicitor’s broader legal qualifications.
Either way, you’re working with qualified professionals who understand property law and operate within Queensland’s regulatory framework designed to protect your interests.