The short answer: yes, and here's why

Independent legal advice can be given by video conference across Australia. The certificate is legally valid, the bank will accept it, and you don't lose any of the protections you'd get from an in-person meeting. The legal effect is identical.

Two things made this universal. The COVID-era emergency rules pushed remote witnessing and remote signing into mainstream practice almost overnight, and they worked well enough that most states then made the changes permanent. Document execution rules, witnessing rules, and the rules around independent legal advice specifically all now accommodate video.

From a practical point of view, video ILA is faster, cheaper, and more convenient than in-person. You don't lose the lawyer; the lawyer's just on a screen.

State-by-state position

The detail varies between states, but the practical outcome is the same: video ILA is permitted everywhere. A summary:

  • NSW, VIC, QLD, ACT — explicit legislative or practice-rule support for remote witnessing and video-delivered legal advice. (See state-specific guides for NSW, VIC and QLD.)
  • WA, SA, TAS, NT — supported through a mix of practice rules, Law Society guidance, and the Electronic Transactions Acts.

The major banks all accept video-delivered ILA from any Australian state. A small number of regional credit unions and specialist commercial lenders still occasionally ask for in-person ILA, but this is increasingly rare. If you're unsure, your broker will know.

How the video appointment actually works

A typical video ILA runs almost identically to an in-person meeting, with a few small adaptations:

  1. Booking. You pick a time online, upload your loan documents through a secure portal, and confirm the appointment.
  2. Pre-meeting prep. The solicitor reads your documents in advance — usually the same day. You don't need to do anything in this window.
  3. ID verification. At the start of the meeting, the solicitor verifies your identity. This is usually done by you holding your photo ID up to camera (and sometimes uploading a scanned copy in advance).
  4. The advice. The solicitor walks you through the document on screen, sharing it as they go, and explains the legal effect, risks and obligations. You can stop and ask questions at any time.
  5. Signing. You sign the loan or guarantee documents — sometimes on paper while the solicitor watches, sometimes electronically via a platform like DocuSign. The solicitor witnesses the signing and then signs the ILA certificate.
  6. Delivery. The signed certificate is sent to your broker, conveyancer or lender by secure email, usually within minutes.

What you need on your side

The tech requirements are deliberately light:

  • A laptop, tablet or phone with a working camera and microphone.
  • A reliable internet connection — anything that lets you stream video without buffering will do.
  • A quiet, well-lit space where you can focus for 30–45 minutes.
  • Your photo ID (driver's licence or passport).
  • A printer if your bank still requires wet-signed documents (most don't). Otherwise, just your device.
  • The documents themselves — usually already uploaded through the booking portal, but having a copy handy is useful. (Our document checklist goes deeper.)

You don't need any specialist software. Most firms use Zoom, Google Meet or Microsoft Teams; some use a custom platform with built-in document signing.

Tips for a smooth meeting

A few small things make a noticeable difference:

Join 5 minutes early. If there's a tech issue (audio, camera permissions, browser blocking the platform), you've got a buffer to fix it without eating into the appointment.

Use a laptop rather than a phone if you can. Document screen-sharing works better on a bigger screen, and ID verification is easier with a stable webcam.

Be somewhere private. The solicitor will need to confirm you're not being pressured to sign. If your spouse, parent, or business partner is sitting next to you off-camera, the solicitor may pause the meeting and ask them to leave the room.

Read the documents before the meeting if you can. You don't need to understand them — that's what the solicitor's for. But skimming them gives you specific questions to bring, which makes the meeting more useful.

Have your photo ID in your hand at the start. Don't make the solicitor wait while you find your wallet.

When in-person might still make sense

Video works for the overwhelming majority of borrowers. A handful of edge cases still benefit from face-to-face:

  • An elderly guarantor with limited tech experience who'd struggle on Zoom.
  • Someone with very limited English where the meeting will use an interpreter and benefits from being in one physical room.
  • A specific bank or lender (rare) that hasn't yet accepted remote ILA.

If any of these apply, ask the firm whether they offer in-person — most will, on request, though usually with a travel surcharge. In every other case, video is faster, cheaper and just as legally robust.

General information only. This article gives general guidance for Australian borrowers and guarantors. It is not legal advice and does not consider your individual circumstances. For advice on your specific situation, book a paid ILA appointment or speak to a qualified Australian solicitor.