Client intake Current

Requesting supporting documents for a property settlement matter

A practical checklist for settlement-matter intake.

Property settlement matters generally need a specific set of supporting documents and a signed authority before a conveyancer can act on a client's behalf in the electronic conveyancing system. This guide sets out a practical approach. It is general information, not legal or compliance advice.

Action plan

1 Obtain a signed client authorisation Electronic conveyancing generally requires a signed authorisation before a conveyancer can act.

Under the electronic conveyancing framework that Australian states and territories have adopted, a conveyancer or lawyer generally needs a signed Client Authorisation before acting on a party's behalf in a transaction, alongside identity verification consistent with the firm's own customer due diligence obligations. The exact form and process are set by the Participation Rules adopted in each state or territory.

  • Obtain a signed Client Authorisation before acting in the transaction
  • Verify the client's identity consistent with your firm's own customer due diligence obligations
  • Check the specific form and process your state or territory's Participation Rules require

Done when: A signed Client Authorisation and identity verification are on file before acting

ARNECC: Model Participation Rules
2 Request property and title documents Ask for the contract of sale and confirm the property's current title details.

A settlement matter generally needs the contract of sale, evidence of the current title (or a title search), and details of any existing mortgage or encumbrance to be discharged. Ask for these early so title issues can be identified before settlement is scheduled.

  • Request the contract of sale
  • Confirm current title details, including any existing mortgage or encumbrance
  • Identify early if a discharge of an existing mortgage will be needed

Done when: Contract of sale and current title details have been requested and reviewed

3 Confirm settlement funds and timing Understand where settlement funds are coming from and when they are needed.

Conveyancing is one of the services AUSTRAC's Tranche 2 reforms newly regulate, so settlement matters generally call for the same source-of-funds and timing checks any higher-risk matter would. Confirm early where settlement funds are coming from and when the matter needs to complete, so any verification steps have time to happen before settlement.

  • Confirm the source of settlement funds early
  • Confirm the required settlement date and any time pressure
  • Allow enough time for identity and fund-source verification before settlement

Done when: Settlement funds source and timing are confirmed with enough lead time for verification

See requesting source-of-funds information for a higher-risk matter