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(1) A conveyancer must at all times serve clients to the best of his or her ability.
(2) In acting for a client, a conveyancer must discharge his or her legal and professional obligations to the client.
(3) A conveyancer must complete his or her work in a competent and timely manner.
(4) A conveyancer may only undertake work which he or she is competent to perform and able to complete in a reasonable time.
(5) A conveyancer must not accept instructions to perform work for a client if–
(a) the work is beyond the scope of the Act or
(b) the work is not covered by a current policy of professional indemnity insurance or
(6) A conveyancer must, on accepting instructions from a client to act, provide full information to the client about the expected costs of transactions including–
(a) an estimate of the total cost and
(b) the method of calculating costs
(7) A conveyancer must, as soon as practicable after completion of the matter in which he or she was instructed to act, give a statement of account to the client stating the actual costs of providing each service.
(8) A conveyancer must keep clients fully informed of developments relating to their matters and avoid situations where a conflict of interest may arise.
(9) A conveyancer must protect the confidentiality of clients and information relating to clients except in a case where–
(a) communications are required for the normal conduct of the conveyancer's business or
(b) the conveyancer is instructed by a client to divulge information or
(c) the conveyancer is permitted or required by law to divulge information
(10) A conveyancer must not terminate or seek to terminate the relationship with the client unless –
(a) the conveyancer and the client have agreed to terminate the relationship or
(b) the conveyancer is discharged by the client or
(c) the conveyancer terminates the relationship with the client for just cause and on reasonable notice to the client
(11) A conveyancer must make arrangements for the transfer of documents if any conveyancing work is not completed, including arrangements requiring –
(a) a client to pay costs incurred for conveyancing work completed and
(b) the conveyancer to retain documents relating to each client for up to 6 years unless the client provides written instructions that the documents are to be dealt with in some other manner and
(c) the conveyancer to provide a client, on request, with any documents to which he or she is entitled, unless the conveyancer is entitled to a lien over the documents for costs due to him or her by the client
(12) If a conveyancer proposes to act for more than one party to a transaction –
(a) each of the parties is to be advised in writing that, if he or she consents to the conveyancer acting for more than one party, the conveyancer may be prevented from providing to the parties information or advice to which they would otherwise be entitled and
(b) the conveyancer must before so acting obtain written consent from each party and
(i) cease to act for all parties if the conveyancer would, on failing to do so, be obliged to act in a manner contrary to the interests of one or more of them and
(ii) give written notice to each of them that he or she has ceased to act
(13) Where a conveyancer has an interest in a matter that may conflict with the interests of his or her client –
(a) the conveyancer must fully disclose to the client any interest that he or she has in any transaction, including any matter which may reasonably be regarded as a conflict of interest on the part of the conveyancer and
(b) unless the client otherwise instructs, the conveyancer must cease to act for the client if he or she has an interest in the transaction that is adverse to the interests of the client
In dealing with other conveyancers and with legal practitioners, a conveyancer –
(a) must take all reasonable care to maintain the integrity and reputation of the conveyancing profession and
(b) must make every effort to open and maintain regular and effective communication with other conveyancers and with legal practitioners in order to bring about the highest standard of service for the benefit of clients and
(c) must not disparage another conveyancer or a legal practitioner and
(d) must cooperate and comply with reasonable requests made by another conveyancer or a legal practitioner, in a timely and competent manner and
(e) must not give an undertaking to, or enter into an agreement with, another conveyancer or a legal practitioner that he or she is unable to carry out
A conveyancer who proposes to transfer his or her business to another conveyancer or a legal practitioner must –
(a) notify each client of the proposed transfer of the business and the intention to transfer the client’s documents as part of the business unless contrary instructions are received from the client and
(b) advise the client of the balance of trust money held by the conveyancer on his or her behalf and the intention to transfer control of that money as part of the business unless contrary instructions are received from the client
(1) If a client instructs another conveyancer or a legal practitioner to take over the conduct of the client’s business from the conveyancer who was originally instructed –
(a) the conveyancer originally instructed must promptly transfer to the other conveyancer or the legal practitioner all relevant documents to which the client is entitled and provide any information which is necessary for the proper conduct of the client’s business and
(b) where the client has terminated the relationship, the conveyancer originally instructed may retain possession of the documents until his or her costs are paid, or their payment is satisfactorily secured and
(c) the other conveyancer or the legal practitioner must use his or her best endeavours to secure payment of the costs of the conveyancer originally instructed on completion of the relevant business
(2) A conveyancer must not seek to replace another conveyancer or a legal practitioner who has been engaged to act for a client in a particular matter.
(1) In dealing with other conveyancers, members of other professions and members of the community, a conveyancer must act with honesty, fairness, courtesy and professionalism.
(2) A conveyancer must cooperate with and assist, wherever possible, others involved in the conveyancing process such as legal practitioners, finance providers, State Service officers and State Service employees, real estate agents and members of other professions.
(3) A conveyancer communicating with another person on behalf of a client must act honestly and not engage in conduct designed to mislead, deceive or intimidate the other person.
(4) A conveyancer must not give undertakings to, or enter into agreements with, a third party that he or she is unable to carry out.
(1) A conveyancer must conduct his or her business in a professional manner in accordance with legal requirements and acceptable professional standards.
(2) In conducting his or her business, a conveyancer –
(a) must take all possible steps to protect the integrity of the profession and avoid any activity that may bring him or her or the profession into disrepute and
(b) must not contact a person for whom a legal practitioner or another conveyancer is acting unless it is necessary to do so in order to discharge his or her duty to a party to the transaction in which he or she is acting
In advertising his or her business, a conveyancer must ensure that the advertisements –
(a) do not contain information that the conveyancer knows to be false or
(b) are not misleading or deceptive or likely to mislead or deceive or
(c) do not make or imply a comparison with another conveyancer or
(d) are not vulgar, sensational or of a nature that is likely to bring the conveyancer or the conveyancing profession into disrepute
Where a conveyancer shares premises with another conveyancer or a person not otherwise associated with the conveyancer’s business or engages in any business other than the business of conveyancing, the conveyancer must –
(a) maintain all records and accounts relating to his or her clients securely, confidentially and separately and
(b) ensure that the business of the other person or the other business of the conveyancer is kept separate from the conveyancing business as far as practicable and
(c) ensure that the sharing of premises is not likely to lead to a contravention of the Act or the rules of conduct and
(d) avoid any situation where a conflict of interest may arise and disclose any potential conflict of interest to his or her clients
(1) A conveyancer must be in charge of his or her place of business and spend substantial time at that place during its normal business hours.
(2) Where a branch office of a conveyancing business is operated, the conveyancer must –
(a) undertake personally, or supervise adequately, the work done and the conveyancing services provided and
(b) ensure that all work undertaken and all communications received are given prompt attention and
(c) ensure that there is displayed in a prominent position in that branch office for inspection by members of the public a notice that –
(i) states the details of another office of the business at which a conveyancer may be contacted and
(ii) if a conveyancer is not in attendance, states when a conveyancer will next be in attendance
