What an ILA solicitor does

An ILA solicitor is an admitted Australian lawyer who provides independent legal advice on a mortgage or guarantee, then signs the certificate your lender needs before it will release funds. Their role is narrow but important: to explain the legal effect of the document you're about to sign, make sure you understand the risks and obligations, confirm you're signing freely, and then certify in writing that they did so.

They are not there to negotiate your loan, value the property, or run your conveyancing. They're there to make sure you go into the commitment with your eyes open — and to give the bank a document it can rely on later. For the full picture of what the certificate is and why banks ask for it, see our guide to the independent legal advice certificate in Australia.

Who can act as your ILA solicitor

To give independent legal advice in Australia, the person must be:

  • An admitted Australian legal practitioner — a qualified solicitor (or barrister) admitted to practise in an Australian jurisdiction.
  • Holding a current practising certificate from the relevant state law society or legal services board.
  • Covered by professional indemnity insurance, which is a condition of holding that certificate.
  • Independent of the lender, the broker, the borrower and anyone else who benefits from the loan.

Two professions that often cause confusion: licensed conveyancers and settlement agents cannot give ILA. They do excellent work on the property transfer, but independent legal advice is reserved for admitted solicitors. A mortgage broker can't give it either — brokers arrange finance, they don't provide legal advice. If anyone other than an admitted solicitor offers to sign your certificate, pause and check.

What "independent" actually means

The word doing the heavy lifting is independent. The whole point of the advice is that it comes from someone with no stake in the loan going ahead. A solicitor is generally not independent for this purpose if they:

  • Act for the lender on the same transaction.
  • Act for the borrower you're guaranteeing.
  • Are running the conveyancing on the same purchase.
  • Have a financial interest in the loan settling.

This is why your own solicitor often can't sign the certificate — not because they aren't qualified, but because they're already involved. We unpack the exact boundaries in can my own solicitor provide ILA? The short version: if they're acting on the deal, you'll usually need a separate, independent solicitor for the advice.

Rule of thumb: the ILA solicitor should be someone who could walk away from the meeting with no consequence to themselves if you decided not to sign. That detachment is exactly what makes the advice — and the certificate — worth something.

How to choose an ILA solicitor

Banks don't run closed panels for ILA, so you're free to choose any independent, admitted solicitor. The things worth comparing:

  1. Fixed fee vs hourly. Hourly billing can produce a surprise invoice. A fixed fee tells you the total up front. See how much ILA costs in Australia.
  2. Turnaround. ILA is often the last item before settlement. Ask whether they offer 24-hour and same-day appointments, and whether urgency costs extra.
  3. Online or in person. Most advice can now be given over video. A solicitor who offers ILA over Zoom or Teams saves you travel and lets interstate parties join easily.
  4. Bank acceptance. Confirm the solicitor will complete your lender's certificate template if it has one, so the document isn't bounced by the settlement team.
  5. Document delivery. Check they return the signed certificate and originals to your broker or lender in time for settlement.

Most Australians now use a fixed-fee online ILA service for exactly these reasons: the appointment is fast, the certificate is bank-accepted, and the price is predictable.

Do I even need a separate solicitor?

If your bank's loan offer asks for an ILA certificate, then yes — you need an independent solicitor to provide it, and it usually can't be the lawyer already running your purchase. If you're a straightforward owner-occupier buying in your own name with no guarantor, you may not need ILA at all. The clearest source of truth is your loan offer, which will name who must obtain advice. When in doubt, ask your broker before booking so you arrange the right number of appointments.

Your next step

If you've been asked for a certificate, confirm who needs ILA, gather your loan offer and a photo ID, and book an independent solicitor — ideally 48–72 hours before settlement. For everything else, the full independent legal advice certificate guide covers costs, online appointments, and lender and state requirements in one place.

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.