The Act’s primary subjects are licensees—natural persons and corporations who hold a licence under the Act to carry out conveyancing work. A licensee includes a former licensee, the personal representative of a deceased licensee, and, for the purposes of Parts 5–8, a person who has ceased to hold a licence (s 52(2)–(3) and definitions in s 3 and s 90). Partners of licensees are also caught: each partner in a conveyancing partnership must be a licensee or hold Secretary approval (s 27), and non-licensee partners are deemed to be licensees for the purposes of trust-account, record-keeping and receivership provisions (s 27(5)(e)).

Applicants for a licence are affected by the eligibility, qualification and disqualification rules in ss 8–10. Corporations must ensure every director is fit and proper and that at least one director is individually licensed (s 8(2)(d)). Employees of licensees are regulated indirectly: a licensee must not employ a disqualified person without Secretary leave (s 29), must keep a register of conveyancer employees (s 31), and is vicariously liable in tort and contract for acts done by employees within the scope of their authority or for the licensee’s benefit (s 30). Employees who become disqualified must notify the licensee within seven days (s 33).

Clients of conveyancers obtain statutory protections. They have the right to proper disclosure of costs, conflicts and beneficial interests before or as soon as practicable after the licensee is retained (ss 36–40). They may notify the Tribunal of costs disputes (s 43) and benefit from the Compensation Fund when a licensee fails to account (s 88 applying Part 10 of the Property and Stock Agents Act 2002). Clients can also request itemised accounts (s 67) and are protected by the prohibition on using trust money for the licensee’s debts (s 55).

Authorised deposit-taking institutions that hold trust accounts face direct obligations: they must notify the Secretary of overdrawn accounts and dishonoured cheques within five business days (ss 58–59), provide annual auditor certification (s 60), and comply with stop orders issued by a receiver (s 111). They enjoy statutory protection from liability for complying with the Act (s 61).

Interstate conveyancers are brought within the Act by the mutual-recognition provisions inserted in 2025 (s 5B). The Act applies to them in the same way as to local licensees, and references to a “licence” include automatic deemed registration under the Mutual Recognition Act 1992 (Cth).

The Secretary (defined in s 3 as the Commissioner for Fair Trading or the departmental Secretary) is the central administrator. The Secretary grants licences (s 11), determines fit-and-proper matters, approves qualifications (s 9), manages the Compensation Fund, appoints managers and applies for receivers (ss 93, 105), conducts disciplinary investigations (ss 136–139), and issues guidelines on supervision (s 21(3)).

Finally, associates of licensees (defined broadly in s 91 to include partners, employees, spouses, de-facto partners, relatives, and corporations in which the licensee has an interest) may have their property subjected to receivership if the Supreme Court is satisfied it is necessary (s 106). The Act therefore casts a wide net, directly regulating licensees and their immediate business circle while conferring rights and imposing incidental duties on clients, banks and interstate practitioners.

Licensees’ duties are both positive and negative. They must hold a current licence before conducting a conveyancing business (s 6(1)), maintain proper supervision of employees and establish compliance procedures (s 21), ensure each place of business is managed by a licensee (s 20), and refrain from sharing receipts with unqualified persons or entering unapproved partnerships (ss 26–27). Trust-money duties are strict: money received on behalf of another must be paid into an approved trust account, held exclusively for that person, and disbursed only as directed (s 53(1)). Licensees must notify the Secretary of any failure to account (s 24), of overdrawn trust accounts within five days (s 56), and of employee disqualifications within seven days (s 32). Annual audits are compulsory (s 75), and records must be kept in a form that enables proper auditing (s 69). Disclosure duties appear in Division 5 of Part 3: before or as soon as practicable after being retained, a licensee must disclose the basis of costs, billing arrangements, Tribunal rights, conflicts and beneficial interests (s 36). Costs agreements or other contracts may incorporate the disclosure (s 38).

Rights of licensees include the statutory defence to legal-profession offences (s 7(1)), the ability to withdraw money for costs provided the prescribed procedure is followed (s 53(3)(a)), and the right to exercise a general retaining lien for unpaid costs (s 53(3)(c)), although the lien cannot be exercised unless costs have been disclosed or a bill served (s 53(4)). A licensee may apply for restoration of an expired licence within three months or such further period as the Secretary allows (s 18).

Clients’ rights are chiefly protective. They may refuse to pay costs if disclosure was not made (s 41(1)), request an itemised account within six months (s 67), and notify the Tribunal of any costs dispute (s 43). Where a licensee fails to account, the client may claim against the Compensation Fund (s 88). Clients must consent before a manager can exercise functions in relation to their affairs (s 95(2)), and they are entitled to have unclaimed trust money returned even after it has been paid into the Fund (s 65).

The Secretary’s powers and duties are extensive. The Secretary may refuse a licence on any ground that would justify disciplinary action (s 13(2)), suspend a licence pending disciplinary determination (s 137), appoint a manager (s 93) or apply to the Supreme Court for a receiver (s 105), issue supervision guidelines (s 21(3)), accept undertakings (s 23), and publish warning notices after investigation (s 142). The Secretary must afford procedural fairness before most disciplinary action (show-cause notice under s 136) but may suspend without a hearing if the grounds, if established, would justify suspension or cancellation (s 137(2)).

Authorised officers have statutory powers of entry, inspection, seizure and questioning (ss 146–147) and may apply for search warrants (s 150). Auditors must report contraventions, discrepancies or inadequate records (s 80(1A)) and are protected in the performance of their functions (s 80(2)).

These duties and rights are not abstract; each is anchored in a specific section and is enforceable either by direct prosecution, disciplinary proceedings, Tribunal orders, receivership or compensation-fund claims.

Penalties are graduated. The base offence of conducting an unlicensed conveyancing business carries 100 penalty units (s 6(1)). Breaches of business-name, supervision, receipt-sharing and partnership rules attract 50–200 penalty units, with corporations facing the higher corporate maximum (ss 19(3), 20(6), 21, 26(1), 27(1), 28(2)). Trust-account offences (failure to pay money into a trust account, failure to notify overdrawn accounts, closure notifications) carry 100 penalty units (ss 53(7), 56). Failure to account is a serious offence punishable by 1,000 penalty units for a corporation or 200 penalty units otherwise (s 154(2)). Fraudulent conversion, omission to account or rendering a false account of trust money or costs are indictable offences carrying up to 10 years’ imprisonment (ss 152–153).

Disciplinary sanctions under Part 9 are administrative rather than criminal. The Secretary may impose a monetary penalty of up to 200 penalty units (corporation) or 100 penalty units (individual) (s 133(1)(d)), suspend or cancel the licence, impose conditions, require undertakings, or disqualify the person permanently or for a specified period (s 133). A suspended licence is treated as not in force except for prescribed provisions (s 133(3)). Failure to return a cancelled or suspended licence within seven days attracts 40/20 penalty units (s 144). Obstruction of managers or receivers carries 100 penalty units (ss 104, 131). Directors or managers who aid a corporate offence face the same maximum penalty as an individual principal offender (s 160).

Enforcement tools are both civil and criminal. Authorised officers may enter business premises without a warrant during reasonable hours (s 146(2)), require production of records, take copies, seize evidence and ask questions (s 146(3)). Obstruction or providing false information is an offence punishable by 100 penalty units or six months’ imprisonment (s 148). Search warrants under the Law Enforcement (Powers and Responsibilities) Act 2002 may be obtained where there are reasonable grounds to suspect a contravention (s 150). The Secretary may seek Supreme Court injunctions to restrain threatened or continuing breaches without showing damage (s 151). Penalty notices may be issued for prescribed offences (s 158). Proceedings for summary offences must generally be commenced within three years (s 159), although the Attorney General may consent to later prosecution.

The Compensation Fund provides a no-fault civil remedy for losses arising from a licensee’s failure to account (s 88). Contributions are mandatory; failure to pay can result in suspension of the licence (s 89(4)) and is itself a ground for disciplinary action (s 132(1)(g)). Receivership and management under Part 8 are protective rather than punitive, but a licensee whose business is placed under management or receivership faces practical cessation of practice and potential personal liability for the expenses of the process (ss 99, 124).

The Act is deliberately integrated with a cluster of Commonwealth and State statutes. The most important is the Property and Stock Agents Act 2002, which supplies the Compensation Fund (s 3 definition of Compensation Fund), the Statutory Interest Account (s 57), contribution and levy requirements (s 89), and the claims process for failures to account (s 88 applying Part 10 of that Act). Many definitions (e.g. “authorised officer”, “Secretary”) and disqualification grounds are shared or cross-referenced.

The Legal Profession Uniform Law (NSW) is engaged in two ways. First, conveyancing work is defined by reference to work that would be an offence if performed by a non-practitioner (s 4(4)). Second, licensees are given a statutory defence to practising-without-a-licence offences when they act in accordance with this Act (s 7(1)). The Act also disqualifies persons who have been removed from the roll of lawyers or who are disqualified from employment in a law practice (s 10(1)(o)–(p)).

The Corporations Act 2001 (Cth) supplies the meaning of “Chapter 5 body corporate” for disqualification purposes (s 10(4)) and the definition of “executive officer” (s 8(2)(c)). Part 8 of the Conveyancers Licensing Act is declared a Corporations legislation displacement provision for the purposes of s 5G of the Corporations Act (s 171), ensuring that the State regime for management and receivership prevails over inconsistent Commonwealth insolvency provisions.

Mutual-recognition legislation is incorporated by s 5B, which applies the Mutual Recognition Act 1992 (Cth) and the Trans-Tasman Mutual Recognition Act 1997 (Cth) so that an interstate conveyancer is treated as a local licensee. The Licensing and Registration (Uniform Procedures) Act 2002 governs the mechanics of application, grant, renewal and restoration, subject to modifications in s 11 (four-week objection period, eight-week decision period, non-transferability, etc.).

The Fair Trading Act 1987 supplies the general consumer-protection overlay. Section 165 expressly states that the Conveyancers Licensing Act does not limit the Fair Trading Act. Disciplinary grounds include contraventions of the Australian Consumer Law (NSW) (s 132(1)(a)) and the Competition and Consumer Act 2010 (Cth) (s 132(1)(a1)). The Secretary’s power to publish warning notices (s 142) mirrors similar powers under fair-trading legislation. Injunctions under s 151 are expressed not to limit the Fair Trading Act.

The Civil and Administrative Tribunal Act 2013 and the Administrative Decisions Review Act 1997 provide the forum for costs disputes (Part 4) and administrative review of disciplinary decisions (s 141) and certain Secretary decisions (e.g. refusal of leave to employ a disqualified person under s 29(3)). The Interpretation Act 1987 applies to undefined terms (note to s 3).

Trust-account provisions interact with banking law through the obligations imposed on authorised deposit-taking institutions (ss 58–61). The Public Holidays Act 2010 defines “public holiday” for the purpose of time limits (s 3). The Crimes (Administration of Sentences) Act 1999 is referenced in the disqualification provisions (s 10(1)(g) and s 93(1)(d)(iii)).

In short, the Act is not a self-contained code; it forms part of a web of fair-trading, legal-profession, corporations and mutual-recognition statutes. Practitioners must read it in conjunction with the Property and Stock Agents Act 2002, the Legal Profession Uniform Law and the regulations made under each.

The text records amendments up to 2025 No 48. The most significant recent insertions are ss 5A and 5B, introduced by the 2025 No 17 Act. Section 5A declares that the Act is intended to have extraterritorial application to the extent of the State’s legislative power. Section 5B applies the Mutual Recognition Act 1992 (Cth) and the Trans-Tasman Mutual Recognition Act 1997 (Cth) so that an interstate conveyancer is treated as a local licensee and the Act must be interpreted compatibly with those Commonwealth statutes. These changes were made to remove barriers to national and trans-Tasman labour mobility and to bring conveyancing into line with other licensed occupations.

Other 2025 amendments updated the definition of “Department” and “Secretary” (2025 No 48, Sch 3.3; 2024 No 25, Sch 3.1), substituted the application-fee provision (s 12, now simply requiring the prescribed fee), and made minor adjustments to eligibility (s 8) and partnership rules (s 27). Earlier amendments in 2018 (Fair Trading Legislation Amendment (Reform) Act 2018) substituted the licence-duration rules (s 17), inserted the restoration regime (s 18), and streamlined licensing procedures by applying the uniform licensing Act with modifications. The 2016 and 2017 amendments tightened auditor-reporting obligations (s 80) and allowed electronic notification of no-trust-money situations (s 77).

The 2006 amendments (Conveyancers Licensing Amendment Act 2006) were the most structural. They replaced the former “controlled money” regime with a unified trust-account scheme (new Part 5), aligned the Compensation Fund with the property-agents fund, and expanded the list of disqualified persons. Those changes were driven by a policy decision to treat conveyancers and real-estate agents under a single compensation and trust-money umbrella, reducing administrative duplication and strengthening consumer protection after a series of high-profile failures to account.

The overall trend of amendments has been toward greater harmonisation with national licensing standards, stronger consumer safeguards, and modernisation of notification and record-keeping requirements. Each change is traceable to a specific Schedule in an amending Act listed at the foot of the relevant section.

The source text itself contains no reported court decisions. It does, however, disclose the statutory avenues for challenge. A person refused a licence or subjected to disciplinary action may apply to the Civil and Administrative Tribunal for administrative review under the Administrative Decisions Review Act 1997 (s 141 and s 29(3)). The Tribunal has exclusive jurisdiction over costs disputes once the preliminary expert-assessment procedure in Division 2 of Part 4 has been followed (ss 47–50). A receiver or manager may seek directions from the Supreme Court (ss 127–128), and the Supreme Court retains inherent supervisory jurisdiction over the appointment and conduct of receivers (Part 8).

Controversies implicit in the text centre on the breadth of the “fit and proper person” test (ss 8 and 132(1)(e)) and the Secretary’s discretion to disregard certain disqualifying events (s 10(3)–(3D)). The 20-paragraph definition of “disqualified person” in s 10 has been amended multiple times (2005, 2006, 2007, 2010, 2015, 2018, 2022), suggesting ongoing debate about the appropriate balance between consumer protection and the right to earn a living. The exclusion of large non-residential mortgages from the conveyancing-work definition (s 4(3)(a)) reflects a policy compromise that has itself been adjusted over time (2005 amendment).

The interaction between this Act and the Legal Profession Uniform Law has produced practical uncertainty about the exact boundary of “legal work” (s 4(4)), although the statutory defence in s 7(1) is intended to reduce overlap. The compulsory audit and reporting obligations (ss 75–80A) have been strengthened in 2016–2023, indicating that compliance costs and auditor independence remain live issues. No specific High Court or Supreme Court constitutional challenges are recorded in the text; the 2025 insertion of extraterritorial and mutual-recognition provisions (ss 5A–5B) is clearly designed to pre-empt any argument that the Act operates beyond State power.

Most practitioners realise that an individual conveyancer must be licensed, but many overlook that a corporation conducting a conveyancing business must itself hold a corporation licence and that at least one director must hold an individual licence that is not subject to a restricted-activity condition (s 8(2)(d)). The “fit and proper” requirement extends to every director and every partner; a single disqualified director can prevent the entire corporation from being licensed.

The definition of conveyancing work in s 4 is deceptively broad. It catches the sale of a business even if no land is involved, yet excludes the creation or variation of a trust, preparation of a will, or investment advice. Many solicitors who think they are merely “helping with the paperwork” on a business sale may inadvertently require a conveyancer’s licence if they are not acting as the client’s legal practitioner.

Trust-account compliance is a minefield. Section 53(3)(c) permits a general retaining lien, but only if costs have first been disclosed under Division 5 of Part 3 or a bill served. Overdrawing a trust account triggers a five-day notification obligation (s 56); the authorised deposit-taking institution must also notify the Secretary (s 58). Failure to notify is 100 penalty units. Interest on general trust accounts does not belong to the client; it is paid to the Statutory Interest Account (s 57).

The disqualification net in s 10 is wider than most realise. A person who was a director of a company that became insolvent within 12 months after the person ceased to be a director can be disqualified if the Secretary is satisfied the person did not take all reasonable steps to avoid the insolvency (s 10(2)(d) and (3C)–(3D)). The Secretary’s power to certify that a person took reasonable steps (s 10(3B)) is rarely advertised but can be decisive.

Supervision obligations are personal. A licensee who conducts business at multiple locations must employ a separate licensee at each location (s 20). The person in charge cannot simultaneously manage another licensee’s office unless the two are in partnership (s 20(4)). The Secretary’s supervision guidelines, once issued, have the force of law for the purpose of s 21(3); breach is itself a failure to supervise.

Costs-disclosure breaches are absolute. If disclosure is not made, the client “need not pay the costs” and the licensee “may not maintain proceedings for the recovery of the costs” (s 41). There is no de-minimis exception in the Act; the only relief is the Secretary’s power to determine that a failure to undertake continuing professional development should not prevent renewal (s 9(5)).

Finally, the Compensation Fund is not a general insurance fund. It responds only to a “failure to account” as defined in s 92. A simple negligence claim that does not involve misappropriation or failure to pay over money received will not trigger the Fund; clients must rely on the licensee’s professional indemnity insurance (s 15) or a civil action.

Compliance begins with licensing. An applicant must satisfy the Secretary on the six cumulative criteria in s 8, pay the prescribed fee (s 12), and hold the Minister-approved qualifications (s 9). Once licensed, the holder must ensure that every place of business is managed by an appropriately licensed person (s 20), maintain proper supervision systems (s 21), and keep a register of employees who are conveyancers (s 31).

Client intake requires a written disclosure, in clear plain language, of the basis of costs (fixed amount or calculation method), billing arrangements, Tribunal rights, any conflict of interest, and any beneficial interest the licensee or an employee may obtain (s 36). The disclosure may be included in a costs agreement (s 38). The same document should record the client’s consent if the licensee later wishes to exercise functions as a manager over the client’s affairs (s 95(2)).

Money handling is the highest-risk area. Every sum received for or on behalf of another person must be banked into a named trust account at an approved authorised deposit-taking institution within the required time (s 53(1)). The institution must be told in writing that the account is a statutory trust account (s 53(6)). Withdrawals for the licensee’s costs must follow the prescribed regulatory procedure (s 53(3)(a)). A separate trust ledger must be maintained for each client, and records must be kept in auditable form (s 69). An annual audit must be completed within three months after 30 June (or other approved period) by a qualified auditor who is independent (ss 75–79). The auditor’s report must be given to the Secretary within 14 days after it is given to the licensee (s 80(1)).

If no trust money is held or received during the audit period, a nil-return notice must be lodged electronically or in approved form (s 77). Unclaimed trust money must be identified each January and reported to the Secretary (s 62); after Gazette notification, it may be paid into the Compensation Fund (s 64).

Professional indemnity insurance must be maintained in accordance with the regulations and any Ministerial order (s 15). Continuing professional development obligations are conditions of the licence; failure to comply can prevent renewal (s 9(5)).

Disciplinary risk is minimised by avoiding any of the 12 grounds in s 132. In particular, licensees must observe the rules of conduct prescribed under s 22, pay all levies and penalties, and comply with any undertakings given to the Secretary. If a complaint is received, the licensee should respond promptly to any show-cause notice (s 136) and, if necessary, seek Tribunal review (s 141).

Business-structure changes require pre-approval: sharing receipts with a non-licensee (s 26), entering a partnership with a non-licensee (s 27), or conducting another business (s 28) must be cleared by the Secretary. Any change in particulars must be notified within seven days (s 11(3)(g) applying the uniform licensing Act).

Records must be retained and made available to authorised officers on demand (ss 70–74). Obstruction is a strict-liability criminal offence (s 148). In the event of insolvency, mental incapacity or suspected defalcation, the licensee or the licensee’s associates should consider requesting the Secretary to appoint a manager (s 93(1)(a)) before the Secretary does so unilaterally.

Compliance is not a set-and-forget exercise. Annual audits, timely notifications, written disclosures, and continual monitoring against the disqualification criteria in s 10 are the practical price of maintaining a conveyancing practice in New South Wales. The regulations made under ss 9, 12, 15, 22, 40, 69 and 172 supply the detailed operational rules that turn the Act’s framework into day-to-day checklists. A prudent licensee maintains a compliance manual that cross-references each statutory obligation to the supporting records, policies and training programs.