When CommBank requires ILA

CommBank's credit policy follows the broader Australian banking pattern. ILA is required whenever a person takes on a legal obligation on someone else's loan, or where one party clearly benefits less than another from the borrowing. In practical terms, expect ILA to be required for:

  • Family guarantor loans, where a parent or family member uses their property to support a first-home buyer's borrowing.
  • Consenting owners — anyone on the title to a security property who isn't named on the loan.
  • Company and trust borrowers with director or appointor personal guarantees.
  • SMSF property purchases under a limited recourse borrowing arrangement, where each fund member typically signs a personal guarantee.
  • Spouse co-borrowers or guarantors who don't directly benefit from the loan.
  • Refinances and variations that materially change a guarantor's exposure.

For a standard owner-occupier loan in joint names with no guarantor, CommBank will not usually require ILA. The trigger is the additional party or the unusual structure, not the loan itself.

Forms and templates

CommBank provides its own ILA certificate template as part of the loan or guarantee document pack. The template is fairly standard — it asks the solicitor to confirm that they're an Australian legal practitioner, independent of the bank and broker, that they met the client, verified identity, explained the document and witnessed the signature.

Your ILA solicitor will receive the template along with the rest of the document pack from your broker. They'll complete the certificate, sign and date it, and return it with the wet-signed loan and guarantee documents.

If the broker hasn't forwarded the ILA template to your solicitor before the appointment, ask for it. The meeting can usually proceed using a generic certificate, but CommBank's settlement team will sometimes ask for the certificate to be re-issued on their template — a small but avoidable delay.

Video appointments and witnessing

CommBank accepts ILA conducted by audio-visual link, in line with the permanent remote witnessing rules in each Australian state. The solicitor witnesses the wet signature over Zoom (or similar), and the original signed documents are returned to the bank or broker by courier.

The bank's settlement team does not, in our experience, distinguish between a face-to-face and a video appointment when assessing the certificate. What they do check is:

  • That the solicitor is admitted in an Australian jurisdiction.
  • That the certificate is correctly completed and dated.
  • That the witnessing clause on the signed mortgage and guarantee reflects the correct witnessing method (in-person or audio-visual).
  • That originals are received before settlement.

A correctly executed video ILA certificate sails through. Most rejections come from technical fixes — a missing date, a wrong witnessing clause — not from the choice of video versus in-person.

Processing time and settlement timing

Once the wet-signed documents and ILA certificate reach CommBank's settlement team, they're typically reviewed within 1–2 business days. For metropolitan settlements that's comfortable; for tight regional settlements it pays to build in extra time for the courier leg.

If you're heading to a settlement date within the next week, our standard recommendation is:

  • Book ILA 48–72 hours before settlement.
  • Get the wet-signed originals into an overnight courier the same day as the appointment.
  • Have your broker confirm receipt by the bank's settlement team at least 24 hours before settlement.

Same-day ILA is regularly accepted by CommBank provided the wet-signed bundle reaches the bank in time. Talk to your broker about whether the settlement deadline allows for it.

Who must attend

CommBank's standard practice is to require ILA from each person taking on a separate legal obligation. So in a typical guarantor structure with two parent guarantors, both parents need to attend (they can usually do so together, but each receives an individual certificate). In an SMSF with two members and a corporate trustee, each member-director needs ILA.

The bank's loan offer or letter of offer will list the parties who need ILA explicitly. If you're not sure, ask your broker or CommBank's settlement contact — confirming this up front avoids paying for the wrong number of appointments.

Choosing a solicitor

CommBank doesn't maintain a closed panel of approved ILA solicitors. Any admitted Australian solicitor with a current practising certificate who is independent of the transaction can issue a certificate CommBank will accept. That gives you complete freedom of choice.

Most clients now use a fixed-fee online provider. The reasons are practical: the appointment is fast, the certificates are bank-accepted, the fee is predictable, and same-day slots are available. Your broker can recommend providers; alternatively you can find one directly.

Your next step

If CommBank has issued a loan offer that requires ILA, forward the entire document pack — loan offer, guarantee documents, CommBank's ILA certificate template, and ID requirements — to your ILA solicitor as soon as possible. The earlier the solicitor sees the pack, the smoother the appointment.

General information only. This article describes ILA practice we have observed for this lender. We are not affiliated with the bank. Lender policies, forms and processes change frequently — always confirm specific requirements with your broker or the bank's settlement team before booking.