A contract date is approaching, and something has gone wrong with your current conveyancer. Maybe communication has broken down, or you have simply lost confidence in the process. You are wondering whether changing firms now means paying twice and whether the situation can be fixed at all.
In Queensland, a client can end a conveyancing retainer at any time without giving a reason, according to the Queensland Law Society. Whether you pay the first firm, the second firm or both depends on what work has been done, what your cost agreement says and how costs are handled at the end of the retainer. There is no single answer, but there are rules that govern it.
Brookwater Legal helps clients across Greater Springfield and Ipswich understand their rights when a conveyancing engagement is not working out and what changing firms actually involves in practice.
Here is how costs and file transfers generally work when you change conveyancers in Queensland, and what to expect from the process.
Key takeaways
- A client can end a conveyancing retainer at any time, according to the Queensland Law Society.
- Costs already incurred may be recoverable by the first firm under Queensland law.
- The file must be transferred promptly, with all client-owned documents, under QLS guidance.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
Do you have to pay the first firm when you change conveyancers in Queensland?
The first firm may be entitled to recover costs for the work it completed before the retainer ended, according to Queensland's Legal Profession Act. Under that Act, legal costs are recoverable under a costs agreement; if there is no costs agreement, under the applicable scale of costs; or, if neither applies, according to the fair and reasonable value of the legal services provided.
What this means in practice is that if your first conveyancer prepared a contract review, ordered searches or attended to transfer duty, those services have a value that may be recoverable even if the matter does not complete with that firm. The Queensland Law Society's guidance notes that a solicitor has a right to recover professional costs on a restitutionary basis for work done before the engagement ended.
Costs disclosure is also relevant here. The Legal Services Commission notes that a law practice must disclose costs in writing before, or as soon as practicable after, being retained. If your first firm gave you a costs agreement and itemised what it would charge, that agreement sets the framework for what can be recovered.
What do you actually owe the second firm in Queensland?
The second firm charges for the work it does from the point it is retained. If the matter settles with the second firm, you generally pay that firm for bringing the transaction to completion. The two billing obligations can sit alongside each other: one firm for what it did, one for what it does.
Whether you end up paying similar amounts to both, or primarily to the second firm, depends on how much of the work was completed before the change. A change made early in the process, before most searches and correspondence have occurred, results in less exposure to the first firm's costs than one made close to settlement.
Your right to an itemised bill from both firms is protected by Queensland law, according to the Legal Services Commission. A law practice must provide an itemised bill within 28 days of a written request, at no charge. That right applies whether or not you are changing firms.
What rights do you have when changing conveyancers in Queensland?
- › Right to end the retainer: a client may end a conveyancing retainer at any time and does not need to explain or justify the decision, according to the Queensland Law Society.
- › Right to your documents: documents the solicitor prepared for you and that you paid for are your property, along with documents a third party sent to the solicitor during the retainer, according to the Queensland Law Society.
- › Right to prompt file transfer: the Queensland Law Society expects a file to be transferred in a matter of days, not weeks, and the urgency rises where contract dates and settlement deadlines are close.
- › Right to an itemised bill: you may request an itemised bill from any firm within 28 days of the request, at no charge, according to the Legal Services Commission.
- › Right to a costs assessment: an independent assessment of legal costs can be requested within 12 months of receiving a bill, being asked to pay or paying, according to the Legal Services Commission.
How does the file transfer process work in Queensland?
The Queensland Law Society's Guidance Statement No 30 on the transfer of files sets out what the outgoing firm must do. The file must be transferred promptly and courteously, and the outgoing solicitor must not try to persuade you to change your mind.
Step 1: Talk to us
Get in touch and we will explain how the change process generally works and what the next steps look like for your transaction.
Step 2: We request the file
We contact the outgoing firm, confirm your instruction to transfer and request your complete file, including all documents that are your property and any electronic materials in a usable format.
Step 3: The outgoing firm transfers
Under QLS guidance, the outgoing solicitor should also notify the other side of the transaction about the change of representation and advise us of any impending contract dates or deadlines that are close.
Step 4: We take over the matter
Once we have the file and have completed identity verification for anti-money laundering compliance purposes, we pick up where the transaction is and work toward settlement, keeping you informed at every stage.
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Can the first firm hold your documents until you pay in Queensland?
A solicitor may hold documents as security for unpaid costs, known as a lien, but there are limits to when this applies, according to the Queensland Law Society. The firm must release documents where the new solicitor agrees to hold them subject to the lien with reasonable security, where payment on completion is agreed or where reasonable security is given.
This means a lien is not an automatic barrier to receiving your file. If there is a dispute about outstanding costs and you believe the amount is not justified, a costs assessment through the Legal Services Commission is available. An independent assessment can be requested within 12 months of receiving the bill, and the Legal Services Commission notes that where a bill is reduced by 15 percent or more after assessment, the matter may be referred to the Commission for further consideration.
"Changing conveyancers in Queensland is a legal right every client has. What matters most is that your contract dates stay on track and that all documents move promptly so nothing is lost in the transition."
Jade Kickbusch, Principal, Brookwater Legal
When does changing conveyancers not apply to your situation in Queensland?
Most of the rules above apply where a retainer is genuinely active, the matter has not settled and the file exists in a form that can be transferred. There are some circumstances where the picture is more complicated.
Where a matter has already settled and a dispute about costs arises after the fact, the costs assessment process is the relevant avenue rather than a file transfer. Where no retainer was formalised in writing, the basis for any costs recovery by the first firm is the fair and reasonable value of the services, rather than a costs agreement, according to Queensland's Legal Profession Act.
Where identity verification has already been completed by the first firm under the Anti-Money Laundering and Counter-Terrorism Financing rules that commenced 1 July 2026, according to AUSTRAC, the incoming firm still conducts its own verification as part of its independent regulatory obligations before providing a designated service. That is not a duplication of effort; it is a separate obligation. The timing of the change does not affect that requirement.
Frequently Asked Questions
Do you always pay two firms when you change conveyancers in Queensland?
Not necessarily, but the first firm may recover costs for work already done, according to Queensland's Legal Profession Act. Whether both firms are paid depends on what work was completed, what the costs agreement says and whether any dispute about costs is resolved by assessment.
Can the first conveyancer keep your documents if you leave in Queensland?
A solicitor may hold documents as security for unpaid costs, but must release them where the new solicitor holds them subject to a lien with reasonable security, or where payment is agreed, according to the Queensland Law Society. A lien is not an automatic right to withhold all documents indefinitely.
How quickly must a Queensland conveyancer transfer the file when a client leaves?
The Queensland Law Society expects a file to be transferred in a matter of days, not weeks. The urgency is greater when contract dates, settlement deadlines or limitation periods are close, and the outgoing solicitor must advise the incoming firm of those matters.
What is a costs assessment and can you request one in Queensland?
A costs assessment is an independent review of a solicitor's bill, available within 12 months of receiving the bill, being asked to pay or paying, according to the Legal Services Commission. Where a bill is reduced by 15 percent or more, the matter may be referred to the Commission for further review.
Does changing conveyancers affect your contract dates in Queensland?
The standard Queensland residential contract sets the dates, and they run independently of who is acting, according to the Queensland Law Society's property contracts guidance. A solicitor can advise on how the transition affects any deadlines that are approaching.
Do you need a conveyancing solicitor in Springfield or Ipswich QLD to manage a change of firms?
A solicitor can request the file, review what has been done, identify any outstanding obligations and take over the matter from where it stands. Our conveyancing team assists clients across Greater Springfield and Ipswich with exactly this kind of transition.
Can a Queensland solicitor charge for storage or retrieval of your file documents?
Storage or retrieval fees can only be charged if the client agreed to them in writing in the original costs agreement, according to the Queensland Law Society. Without that prior written agreement, the firm cannot charge to release or transfer your file.
Your Next Steps
Understanding how costs work between two firms takes some of the uncertainty out of a decision that can feel daunting, particularly when a settlement date is on the horizon in Ipswich or anywhere across Queensland. Knowing your rights around the file transfer, itemised billing and costs assessment means the transition does not have to be as complicated as it might first appear.
If changing conveyancers is on your mind, the next step is a straightforward one. Get in touch with the Brookwater Legal team or call (07) 3437 8555, and we'll talk you through how the process generally works.
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Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
