Find clear answers to common questions about Solicitor’s Certificates, online legal advice, and how the process works with Solicitor Certificate Australia.
Where there is more than one guarantor, each guarantor may have different legal interests, risks, assets, or levels of exposure, even if they are related or connected to the same transaction.
To comply with our professional obligations and to avoid conflicts of interest, we generally act for one guarantor only. This ensures that the guarantor we advise receives independent, focused legal advice that is specific to their own circumstances.
Other guarantors must obtain separate independent legal advice from their own solicitor.
While the law does not prohibit a solicitor from acting for more than one guarantor in all cases, professional conduct rules and lender requirements mean that acting for multiple guarantors can create actual or perceived conflicts of interest.
Many lenders also require that guarantors receive independent legal advice. Acting for one guarantor only is the safest and most widely accepted approach.
Borrowers and guarantors are treated very differently under the law.
Because guarantors may have different levels of risk, assets, or exposure, acting for more than one guarantor can compromise the independence of legal advice.
For this reason, we may act for multiple borrowers, but we generally act for one guarantor only.
In limited circumstances (for example, where guarantors are spouses giving the same guarantee on the same terms), one solicitor may sometimes act for both.
However, this depends on:
Even in these cases, separate advice may still be required.
Yes. It is standard practice for one solicitor to act for multiple borrowers in the same transaction.
Borrowers are:
We regularly act for:
This depends on the lender’s requirements.
Guarantors usually require separate solicitor’s certificates, each issued by the solicitor acting for that guarantor.
We will:
This protects all parties and ensures the transaction complies with legal and lender requirements.
Most banks and lenders require a Solicitor’s Certificate before approving a loan or accepting a personal guarantee. It confirms you’ve received independent legal advice and understand the risks and obligations involved.
Once your documents are provided, the process is typically completed quickly. Many clients are able to receive their Solicitor’s Certificate after a single online consultation, depending on document readiness and lender requirements.
You’ll need to upload your loan or guarantee documents and provide valid photo identification. Your solicitor will let you know if anything else is required before your consultation.
Yes. Online Solicitor’s Certificates are accepted by major Australian banks and lenders, provided identity verification and legal advice requirements are met — which is standard practice at Solicitor Certificate Australia.
No. Our solicitors hold current practising certificates issued under the Legal Profession Uniform Law (LPUL), which allows them to practise across all Uniform Law states in Australia.
Victoria, New South Wales, Queensland, South Australia, Western Australia and Tasmania.
Yes. We provide legal advice and solicitor certificates for clients and lenders Australia-wide, where permitted, via secure online and video appointments.
No. For online legal services, the relevant factor is where the solicitor practises from. Our solicitors practise from Uniform Law jurisdictions.
Yes. Our certificates are issued by Australian-admitted, independent solicitors holding current practising certificates, following legal advice and identity verification.
The ACT and NT are not Uniform Law jurisdictions. Suitability will depend on the transaction and may require prior confirmation.
Yes. Appointments are conducted via secure video conference with compliant identity verification.
Our services are provided under the Legal Profession Uniform Law.
A wet signature is a handwritten signature signed in ink on a physical paper document.
Usually no. Most solicitor certificates issued by Solicitor Certificate Australia are validly signed electronically and accepted by most Australian banks and lenders.
Some banks apply internal policy requirements for certain transactions. This is a lender preference, not a legal requirement.
Wet signatures are more commonly requested for:
Yes. Electronically signed solicitor certificates are legally valid under Australian law. A lender may still request a wet signature for their own processes.
If required:
Yes. Legal advice and identity verification can usually be completed by video conference. The wet signature typically applies only to the final certificate.
Not always. For standard asset finance loans (such as vehicles, machinery or equipment), a solicitor certificate is not automatically required. However, lenders commonly require a solicitor certificate where a personal guarantee or additional security is involved.
A solicitor certificate is commonly required where:
If the borrower is a company or trust and no personal guarantees are given, a solicitor certificate is usually not required.
If a director or third party provides a personal guarantee, a solicitor certificate is often required by the lender.
Australian banks may require a solicitor certificate where:
Requirements vary between lenders and transactions.
Yes — in many cases.
Non-bank and private lenders frequently require a solicitor certificate for all personal guarantees, often as a non-negotiable condition before funds are released.
Lenders require solicitor certificates to confirm that the guarantor:
This reduces disputes and protects all parties.
A compliant solicitor certificate generally confirms that:
Solicitor certificates are not AML/CTF reports and solicitors are not currently classified as reporting entities under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
However, Solicitor Certificate Australia undertakes client identity verification and applies risk-aware legal processes consistent with lender AML/CTF expectations, including verification of client identity, confirmation of client understanding, and appropriate record-keeping to support compliant lending transactions.
We also monitor proposed AML/CTF Tranche 2 reforms and design our processes to align with anticipated regulatory developments affecting professional service providers.”
Solicitor Certificate Australia provides fast, independent legal advice and Solicitor’s Certificates through secure online consultations. With fixed fees and Australia-wide availability, getting your certificate is simple and stress-free.
Thank you for engaging Solicitor Certificate Australia, a trading name of Legal Department Pty Ltd (ABN 42 694 206 874) (“SC Australia”), to provide legal services to you.
This document constitutes our Engagement Terms and Conditions, Costs Disclosure, and Costs Agreement for the purposes of the Legal Profession Uniform Law (Victoria), the Legal Profession Uniform Law Application Act 2014 (Vic), and the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015.
Please read this document carefully, as it sets out the scope of our engagement, the basis upon which we charge our fees, and your rights as a client.
You engage SC Australia to provide limited legal services, being:
We act only for you. We do not act for the lender, bank, broker, beneficiary, borrower (if different), or any other party.
1A. Provision of Documents
You must provide all documents issued or made available to you by the lender or any intermediary in connection with the relevant transaction.
This will usually include (but does not always include):
Where applicable, you must also provide:
You acknowledge and agree that:
We are not responsible for reviewing or advising on any document that has not been provided to us.
Our advice is limited to explaining:
We do not provide:
You acknowledge that you proceed based on your own assessment and/or advice from other professionals.
Where this engagement relates to a personal guarantee, indemnity, or bank guarantee, you acknowledge that:
Our role is limited to advising you of the legal consequences and risks only.
We are required to take reasonable steps to verify your identity in accordance with our professional obligations, including the principles reflected in Rule 11.2 of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015.
Verification may be completed via approved electronic verification systems and/or live video verification, where legally permitted. You agree to cooperate fully with all VOI requirements.
You agree to engage SC Australia to perform the legal services described above for a Fixed Fee.
Unless otherwise stated, all fees are inclusive of GST.
A tax invoice will be issued once the legal services are provided. You consent to receive invoices electronically via email.
Where you have provided a valid payment authorisation (including credit or debit card or online payment), you authorise us to process payment for any invoice issued.
You consent to being served with legal bills electronically in accordance with section 332 of the Legal Profession Uniform Law (Victoria).
You may cancel or reschedule your appointment by providing notice before the scheduled advice session.
You acknowledge and agree that:
Where you cancel before the scheduled advice session, a refund may be issued at our discretion, less any administrative or processing costs already incurred.
If you fail to attend a scheduled appointment or cancel on short notice, you may forfeit some or all of the fees paid.
Appointments requested outside ordinary business hours (including early morning, evening, or weekend appointments) may attract additional fees and may be subject to stricter cancellation conditions, which will be disclosed before booking.
You may terminate this agreement at any time by providing written notice to SC Australia.
We may terminate our engagement for just cause by providing you with reasonable written notice.
Upon termination, you remain liable to pay for legal services provided up to the date of termination. This may include the following fixed fees and disbursements (inclusive of GST), where applicable:
You have the right to:
All information you provide will be treated confidentially and handled in accordance with professional obligations and applicable privacy laws.
You authorise SC Australia to correspond with you by email, including the transmission of personal, sensitive, or confidential information, invoices, and legal documents.
Your documents will be retained securely in electronic format for seven (7) years after the matter is completed or this agreement is terminated, in accordance with professional obligations.
After that period, you authorise us to destroy the documents without further notice.
You acknowledge that the provision of legal advice and/or a solicitor’s certificate does not guarantee:
The decision to proceed remains entirely yours.
You accept and agree to this Engagement Terms and Conditions and Legal Costs Agreement by:
Electronic acceptance is sufficient and binding.
If you have any questions, please contact us before proceeding.
Kind regards
Solicitor Certificate Australia
Legal Department Pty Ltd
ABN 42 694 206 874
support@solicitorcertificateaustralia.com.au
