Independent Solicitor's Certificate

An Independent Solicitor’s Certificate (ISC) is commonly required under section 175 of the Property Law Act 1974 (Qld) for guarantees and certain property transactions. Our team provides ISC services for lenders and guarantors.

Our team ensures your Independent Solicitor’s Certificate meets all legal requirements. An ISC must confirm that the solicitor has explained the legal effect of the document, the rights and obligations of the party, and that independent legal advice was provided. confirm that the solicitor has explained the legal effect of the document, the rights and obligations of the person giving the certificate, the risks involved, and any conflicts of interest. There is no prescribed statutory form, but lenders typically require their specific format.

If you are a mortgagor providing a guarantee, you have the right to clear information about the extent of your liability. Our team ensures you understand your rights. Under Yerkey v Jones, you the right to clear information about the extent of their liability. Under Yerkey v Jones principles, a guarantee may be set aside if the guarantor did not understand the transaction and the lender did not ensure independent advice was received.

Our team provides thorough, independent advice when issuing ISCs. A solicitor providing an ISC must provide thorough, independent advice and ensure no conflict of interest. The solicitor must provide thorough, independent advice and ensure no conflict of interest. The solicitor must explain the transaction documents and risks. Failure to provide proper advice may result in professional negligence claims.

If an ISC is defective, our team can help you challenge the enforceability of the guarantee. If an ISC is defective, the guarantor may challenge the enforceability of the guarantee. Remedies include setting aside the guarantee or seeking damages against the solicitor.