You have signed a contract, the clock is ticking on your finance or settlement date, and you have decided to move your matter to a different solicitor. The immediate question is: what happens to your file?
In Queensland, the Queensland Law Society sets clear expectations for how a file must be transferred when a client changes conveyancing solicitors. The outgoing firm is expected to act promptly and courteously, and the file must reach the new firm in a usable form, quickly.
Our Springfield team helps clients across Greater Springfield and Ipswich with conveyancing matters, including situations where a change of solicitor is needed mid-contract.
Here is how the file transfer process generally works in Queensland, and what it means for your contract dates.
Key takeaways
- The Queensland Law Society expects a file to transfer within days, not weeks.
- Documents prepared for the client and paid for belong to the client.
- Contract dates keep running while a file is being transferred.
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.
What does the Queensland Law Society require when a file is transferred?
The Queensland Law Society's Guidance Statement No 30 sets out what is expected of a solicitor when a client instructs them to transfer a file to another firm. The file must be transferred promptly and courteously, and the Society expects that to happen within a matter of days, not weeks.
The outgoing solicitor may confirm the transfer instruction with the client, but the Society's position is that a solicitor must not try to persuade the client to change their mind. The client's right to move their matter is not something the outgoing firm can block or delay.
The urgency increases with the circumstances of the matter. Where there are impending contract dates, finance deadlines or settlement obligations, the Society expects the file to move faster, because a delay that causes a client to miss a date is a serious outcome.
What documents must be handed over?
The Queensland Law Society's position is that documents prepared for the client and paid for by the client are the client's property. So are documents a third party prepared and sent to the solicitor during the retainer, other than at the solicitor's expense.
Those documents must be transferred in a complete and usable format. Electronic documents stay in electronic form.
- › Contract documents: the signed sale contract, any special conditions and any correspondence about contract variations.
- › Search results: title searches and any other searches completed and paid for.
- › Correspondence: emails and letters exchanged with the other side's solicitor.
- › Duty and grant documents: any transfer duty or first home owner grant documentation prepared or lodged.
Can the outgoing solicitor withhold the file?
In some circumstances, a solicitor may hold documents as security for unpaid costs. This is called a lien. The Queensland Law Society's guidance is that a lien must be released where the new solicitor holds the documents subject to the lien with reasonable security, where payment on completion is agreed, or where reasonable security is given in another form.
A lien does not give a solicitor an open-ended right to sit on a client's file, particularly in a time-sensitive conveyancing matter where contract dates are running. If there is a dispute about costs, the client has rights to receive an itemised bill and to apply for a costs assessment, according to the Legal Services Commission.
What does the outgoing solicitor need to do before handing the file over?
The Queensland Law Society's Guidance Statement No 30 sets out a short list of things the outgoing solicitor should handle as part of the handover.
The outgoing solicitor should:
- › Tell the other side's solicitor that the matter has transferred and give them the new firm's contact details.
- › Advise the new firm of any impending contract dates, finance deadlines or limitation periods.
- › File any court or tribunal notice that is immediately required.
How does a file transfer work in Queensland's electronic conveyancing system?
Most Queensland conveyances now settle electronically through an Electronic Lodgment Network operator, PEXA or Sympli, according to Titles Queensland. From 20 February 2023, under the Land Title Regulation 2022, industry professionals must lodge required instruments electronically unless an exemption applies.
In an electronic conveyancing matter, the new firm takes over the workspace from the outgoing firm. This is a practical step that the two firms arrange between themselves. The new firm must also take a fresh client authorisation from the client, because an authorisation signed for the previous firm cannot be relied on by the new entity, according to guidance from the Australian Registrars' National Electronic Conveyancing Council.
The new firm then steps into the workspace and manages the remaining steps to settlement.
"When a client moves their conveyancing matter to us, one of the first things we do is identify every upcoming contract date and make sure nothing is missed in the transition."
Jade Kickbusch, Principal, Brookwater Legal
How does the transfer happen in practice?
Step 1: Talk to us
Get in touch and we will explain what the transfer process involves for your specific contract and what the next steps look like.
Step 2: We contact the outgoing firm
We write to the outgoing solicitor, advise them of the transfer and request the file. We also notify the other side's solicitor of the change so no one is left working from outdated contact details.
Step 3: We review the file and the contract dates
Once the file arrives, we review every document, confirm where the matter stands and identify any upcoming deadlines, including finance dates, inspection dates and the settlement date.
Step 4: We take over the matter
We take a fresh client authorisation, take over the electronic workspace where applicable, and manage all remaining steps to settlement, including liaising with the other side and coordinating with the lender.
| Get in touch Need help with changing conveyancers? We're an experienced team who keep you well informed at every stage of the process. Get in touch to discuss your needs. |
What about the contract dates while the file is being transferred?
Contract dates do not pause because a file is being transferred. The standard Queensland residential contract sets out when finance notices, inspection notices and settlement must occur, and time is of the essence for each, according to the standard contract's own terms.
This is why the Queensland Law Society expects the transfer to happen within days. If a finance date falls during the transfer period, the new firm needs the file in time to give the required notice. A delay that causes a client to miss a contract date can have serious consequences under the standard contract, including giving the other side a right to terminate.
In practice, the two firms usually communicate directly to make the handover as smooth as possible for the client.
When does changing conveyancers not apply to a particular situation?
There are situations where a file transfer may not be the most straightforward step, and it is worth understanding when they arise.
If a matter is already in the final days before settlement and the electronic workspace is nearly complete, transferring the workspace and the client authorisation to a new firm adds steps at a point where both sides are coordinating closely. A solicitor can advise on whether a transfer makes practical sense at that stage of a particular matter.
Separately, if there is a costs dispute with the outgoing firm, the question of the lien and any amounts owed may need to be resolved before or alongside the transfer. The Legal Services Commission's costs assessment process exists for exactly those situations.
And where a matter involves identity verification steps already completed under the Anti-Money Laundering and Counter-Terrorism Financing obligations that commenced 1 July 2026, the new firm must carry out its own initial customer due diligence with the client before the designated service begins, according to AUSTRAC.
Frequently Asked Questions
How quickly must a conveyancing file be transferred in Queensland?
The Queensland Law Society expects the file to transfer within a matter of days, not weeks, according to Guidance Statement No 30. Urgency increases where contract dates, finance deadlines or a settlement date are approaching.
Who owns the documents in a Queensland conveyancing file?
Documents prepared for the client and paid for by the client are the client's property, according to the Queensland Law Society. So are documents a third party sent to the solicitor during the retainer, other than at the solicitor's expense.
Can a Queensland solicitor refuse to hand over a conveyancing file?
A solicitor may hold documents as security for unpaid costs, which is called a lien. However, the Queensland Law Society's position is that the lien must be released where the new solicitor holds the documents subject to it with reasonable security, or where payment on completion is agreed.
Do Queensland contract dates pause when a conveyancer is changed?
Contract dates do not pause. The standard Queensland residential contract makes time of the essence for finance, inspection and settlement dates, and those obligations continue while the file is being transferred.
What happens to the electronic conveyancing workspace in Queensland when a solicitor changes?
The new firm takes over the electronic workspace from the outgoing firm and must take a fresh client authorisation, according to guidance from the Australian Registrars' National Electronic Conveyancing Council. The approved Electronic Lodgment Network operators in Queensland are PEXA and Sympli, according to Titles Queensland.
Do you need a conveyancing solicitor in Springfield or Ipswich QLD to handle a file transfer?
A solicitor who handles conveyancing can manage the file transfer process, notify the other side, take over the electronic workspace and ensure no contract dates are missed in the transition.
Does the new conveyancing firm need to redo identity checks in Queensland?
The new firm must carry out its own initial customer due diligence before providing a designated service, according to AUSTRAC, whose Anti-Money Laundering and Counter-Terrorism Financing obligations for legal practitioners commenced on 1 July 2026.
Your Next Steps
A file transfer in the middle of a conveyance is more common than many buyers and sellers expect, particularly in Greater Springfield and Ipswich where property activity is steady and circumstances can change between contract and settlement. The Queensland Law Society's framework gives clients clear rights, and a well-managed transfer does not have to disrupt a contract.
If changing conveyancers mid-contract 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.
 |
External Resources
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.
