The Complete Guide to the Conveyancing Process in Australia

Conveyancing

If you’re a first-time homebuyer in Australia, you’re probably already overwhelmed with decisions—finding the right home, getting your loan approved, and planning your move. But in the middle of all this excitement is one crucial step that keeps everything legally sound: conveyancing.

Don’t worry if the word sounds confusing. We’ve created this guide to walk you through the entire conveyancing process in Australia in plain, everyday language.


What Is Conveyancing?

Conveyancing is the legal process of transferring the ownership of a property from the seller (vendor) to the buyer. It starts when your offer on a property is accepted and ends when the keys are officially yours.

This isn’t just about paperwork. It involves checking the title, preparing legal documents, managing settlement, and ensuring you’re getting what you paid for—without any hidden legal problems.

In most cases, a conveyancer or property solicitor handles this process for you, but it helps to know what’s going on behind the scenes.


Why Conveyancing Matters in Home Buying

Think of conveyancing as the legal “safety net” that protects you from expensive mistakes. Without it, you could end up:

  • Buying a property with legal restrictions you didn’t know about
  • Inheriting unpaid rates or taxes from the previous owner
  • Finding out the seller didn’t even legally own the home

In short, conveyancing ensures your property transfer is valid, lawful, and fair. It confirms that the home is legally yours—and gives you peace of mind.


Key Stages of the Conveyancing Process

The conveyancing process in Australia generally follows these key steps:

1. Pre-Contract Stage

Your conveyancer will:

  • Review the contract of sale
  • Order property searches (e.g., land title, zoning)
  • Advise on terms or special conditions

2. Signing and Exchange of Contracts

Once all parties agree:

  • Both buyer and seller sign identical contracts
  • A deposit (usually 10%) is paid
  • Contracts are officially exchanged, making the sale legally binding

3. Cooling-Off Period

Most states offer a short window (2–5 business days) where buyers can withdraw—usually with a small financial penalty.

⚠️ This doesn’t apply to all purchases—like auctions or commercial properties—so always check with your conveyancer.

4. Pre-Settlement Stage

In this phase, your conveyancer helps:

  • Finalise your mortgage documents
  • Liaise with the seller’s legal team
  • Organise a final property inspection
  • Prepare for fund transfers and government paperwork

5. Settlement Day

This is the big day! Your conveyancer will:

  • Transfer funds and documents
  • Register the property under your name
  • Confirm the deal is completed

You’ll finally receive the keys—and become the legal owner of your new home.

See more: Conveyancing Fees Explained: What to Expect During the Property Transaction


What Documents Are Involved in Conveyancing?

Here are the core documents you’ll likely encounter during the conveyancing process:

  • Contract of Sale – Outlines the terms and conditions of the purchase
  • Vendor’s Disclosure Statement (Section 32 in VIC) – Shares info about the property’s condition and legal status
  • Certificate of Title – Proves ownership and shows any encumbrances (like mortgages)
  • Transfer of Land Form – Official document used to register the property under your name
  • Mortgage Documents – Provided by your lender if you’re taking out a home loan
  • Settlement Statement – A breakdown of all payments and adjustments made at settlement

A good conveyancer will walk you through all of this and explain anything you don’t understand.

Conveyancing

How Long Does Conveyancing Take?

On average, conveyancing takes 4 to 8 weeks in Australia.

That said, the exact timing depends on factors like:

  • Your lender’s processing speed
  • Whether the property has title issues
  • How quickly you and the seller respond to document requests
  • State-specific rules and contract conditions

Tip: Always stay in communication with your conveyancer to avoid unnecessary delays.


Common Mistakes to Avoid During Conveyancing

Even with professional help, some first-time buyers fall into common traps. Here’s what to watch out for:

  • ❌ Not reviewing the contract before signing
  • ❌ Failing to get a building or pest inspection
  • ❌ Choosing the cheapest conveyancer without checking reviews
  • ❌ Missing important contract deadlines (like finance approval or settlement)
  • ❌ Assuming your conveyancer handles everything—you still need to be involved

Avoiding these pitfalls can save you stress, time, and potentially thousands of dollars.


Choosing the Right Conveyancer

Not all conveyancers are created equal. Here’s how to find one that fits your needs:

✅ Look for:

  • Licensed professionals in your state or territory
  • Transparent pricing with no hidden fees
  • Good reviews or personal recommendations
  • Strong communication skills and fast response times

❓ Ask questions like:

  • “What’s included in your service fee?”
  • “Do you specialise in first-home buyers?”
  • “How will you keep me updated?”

Don’t be afraid to shop around or ask for quotes. This is one of the most important legal services in your homebuying journey.


Final Tips for First-Time Homebuyers

Navigating the conveyancing process for the first time can feel overwhelming—but it doesn’t have to be.

Here are a few extra tips:

  • 📌 Get pre-approval for your home loan early
  • 📌 Ask questions—even if they feel silly
  • 📌 Make sure all your documents are in order (ID, finance, inspections)
  • 📌 Book your final inspection a day or two before settlement
  • 📌 Celebrate when it’s done—you just legally became a homeowner!

Conclusion: Your Homeownership Journey Starts with Smart Conveyancing

Conveyancing may not be the most glamorous part of buying a home—but it’s one of the most essential. It ensures your property transfer is smooth, your legal rights are protected, and your home is truly yours.


🎯 Need help finding a trusted conveyancer in Australia?
Drop your questions in the comments or reach out to a local licensed professional. Buying your dream home starts with understanding the process—and now, you’re one step ahead.

Gwinnett County Has Three New Superior Court Judges

Gwinnett County

Gwinnett County Superior Court has three new Superior Court judges as of January 1, 2019. Tracey D. Mason is the new Division 9 judge who replaces the Hon. Tom Davis. Tracie H. Cason is the new Division 2 judge who replaces the Hon. Debra K. Turner.  Tadia D. Whitner is the new Division 7 judge who replaces the Hon. Melodie Snell Conner.

If you or a family member or a friend have any questions about a divorce or domestic relations case in Gwinnett County, or in any other County in the metro-Atlanta area including Cobb, Dekalb, Fulton, Walton, Barrow, Hall and Forsyth counties, then please do not hesitate to immediately contact attorney Doug Lewis for a free initial telephone consultation.

Lawrenceville Divorce and Domestic Relations Lawyer Douglas W. Lewis has over twenty years of experience in Gwinnett County and the Atlanta Metro area handling divorce, legitimation, paternity and child custody cases, family law cases, personal injury cases, criminal defense, civil litigation cases and estate planning matters.  If you have any questions please call the Lawrenceville office for a free initial phone consultation or to schedule an office consultation.  You can contact attorney Doug Lewis via email.  Client reviews can be found on Mr. Lewis’ Google page, Avvo page, and on his website.

Other resources:
The Importance of Due Diligence in Conveyancing
What to Expect During the Property Transaction

Quitclaim Deeds

Quitclaim Deeds

In some Gwinnett County divorce cases one party is to transfer his or her interest in the marital residence to the other party as part of the terms of their settlement agreement.  The party that is transferring his or her interest is known as the Grantor and the other party is known as the Grantee.  

The QuitClaim Deed must contain the same legal description of the property as referenced in the Warranty Deed that was given to the parties when the marital residence was purchased.  The Grantor must sign the Quitclaim Deed before one witness and a notary public.  

Once the Grantee receives the QuitClaim Deed from the Grantor the Grantee must file the Deed with the real estate clerk of the Superior Court in the county in which the property is located.  Thus, if the marital residence is located in Gwinnett County then the Deed is filed with the Gwinnett County Superior Court Real Estate Division which is located on the 1st floor of the Gwinnett County courthouse located at 75 Langley Drive, Lawrenceville, Georgia.  There is a $10.00 filing fee that is to be paid to the clerk when the Quit Claim Deed is filed (if the Deed is more than one page there will be an additional cost).  

The Grantor must also file a PT-61 Real Estate Transfer Tax Form along with the QuitClaim Deed.  The Clerk will file in the QuitClaim Deed and the original Deed will be sent to the Grantee or the Grantee’s attorney once the clerk’s office has processed the Deed.  Once the Grantee receives the original Quitclaim Deed back from the clerk the Grantee ought to keep it is a safe and secure location.

If you or a family member or a friend have any questions about a divorce or domestic relations case in Gwinnett County, or in any other County in the metro-Atlanta area including Cobb, Dekalb, Fulton, Walton, Barrow, Hall and Forsyth counties, then please do not hesitate to immediately contact attorney Doug Lewis for a free initial telephone consultation.

Lawrenceville Divorce and Domestic Relations Lawyer Douglas W. Lewis has over twenty years of experience in Gwinnett County and the Atlanta Metro area handling divorce, legitimation, paternity and child custody cases, family law cases, personal injury cases, criminal defense, civil litigation cases and estate planning matters.  If you have any questions please call the Lawrenceville office for a free initial phone consultation or to schedule an office consultation.  You can contact attorney Doug Lewis via email.  Client reviews can be found on Mr. Lewis’ Google page, Avvo page, and on his website.

Other resources:
The Importance of Due Diligence in Conveyancing
What to Expect During the Property Transaction

How to file for Divorce in Gwinnett County Superior Court?

Divorce

Determine if you can file for divorce in Georgia.  Generally speaking you must be a resident of the State of Georgia for at least the previous six months before you can file a divorce action in Georgia.

To file the divorce action in Gwinnett County your spouse must be a resident of Gwinnett County.  If you live in Gwinnett County, but your spouse lives in Fulton County then you must file the divorce in Fulton County (unless your spouse waives venue).  If you live in Barrow County, but your spouse lives in Gwinnett County, then the divorce action would be properly filed in Gwinnett County.

All divorces filed in Georgia must be filed in the appropriate Superior Court.  All divorces filed in Gwinnett County must be filed with the Gwinnett County Superior Court clerk.  The clerk’s office is on the first floor of the courthouse located at 75 Langley Drive, Lawrenceville, Georgia (the courthouse is also known as the Gwinnett Justice and Administration Center “GJAC”).

When you file the divorce action you must pay the clerk’s eFiling fees in the amount of $237.00 (said fee is subject to change).  

There must be a Summons attached to the divorce petition or complaint.  The divorce pleadings (the Summons, the Divorce Petition and any Standing Orders) must be served upon your spouse.   Usually the Defendant Spouse is personally served with a copy of the divorce pleadings by a deputy sheriff or by a private process server.  The Gwinnett County Sheriff’s Department charges a fee of $50.00 to attempt service on a Defendant.  If you want to use the services of a private process server In Gwinnett County then  a motion must be filed with the court to request that a particular process server be appointed by the judge to personally serve the Defendant with the divorce pleadings.   The fee charged by private process servers varies depending on travel time and other circumstances.

family law

When a divorce action is filed the case will then be given a specific case number.  The last digit of the case number will indicate which judge has been assigned to your case.  For example, in Gwinnett County Superior Court if the last digit of your case number ends in 7 then you know your case has been assigned to Chief Judge Melodie Snell Conner.  There are ten (10) Gwinnett County Superior Court judges.

Once your spouse has been properly served with a copy of the divorce pleadings then your case will proceed.   A divorce case will either be an uncontested case or a contested case.  An uncontested or settled divorce case means the parties have signed a Settlement Agreement which resolves all issues in the divorce case and the Agreement has been approved by the judge assigned to the case.  (If the judge does not approve of the terms of the Settlement Agreement then the case is not settled.)  A contested divorce case is a case in which the parties are unable or unwilling to settle and thus the case will go to trial before the judge or a jury. For more information please read Uncontested vs. Contested Divorce cases in Gwinnett County.

Each divorce case is unique and some can be quite complex.  Many divorce cases involve some or all of the following: Answer and Counterclaim, Interrogatories, Request for Production of Documents, Request for Admissions, Depositions, Emergency Hearings, Temporary Hearings, Contempt Hearings, Domestic Relations Financial Affidavits, Mediation, Guardian ad Litems, Child Support Worksheets, Child Support Addendums, Parenting Plans, Quit Claim Deeds, Qualified Domestic Relations Orders (QDRO), Protective or Restraining Orders, Parenting Seminars, and Final Hearings.

If you have any questions about divorce or the Gwinnett County divorce process please do not hesitate to contact for a free consultation.

Other resources:
The Importance of Due Diligence in Conveyancing
What to Expect During the Property Transaction