Who can give ILA in WA

Any solicitor admitted to practise in Western Australia — or admitted elsewhere in Australia and entitled to practise in WA — can give independent legal advice on a WA mortgage or guarantee. They must hold a current practising certificate from the Legal Practice Board of Western Australia (or a reciprocal authority) and carry professional indemnity insurance.

Western Australia has a strong tradition of settlement agents (licensed conveyancers) handling property settlements. They do valuable work, but settlement agents are not permitted to give independent legal advice — ILA is reserved for admitted solicitors. If your settlement agent offers to sign the certificate, double-check whether they're also a qualified solicitor, or arrange a separate independent solicitor. For more on who qualifies, see our guide to choosing an ILA solicitor.

What the certificate looks like in WA

Most lenders provide their own ILA certificate template in the loan document pack. Wording differs slightly between banks, but a WA certificate typically confirms that:

  • The solicitor is an Australian legal practitioner with a current practising certificate.
  • The solicitor is independent of the lender, broker and any other party to the loan.
  • The borrower or guarantor attended a meeting in person or by audio-visual link.
  • Identity was verified using a WA driver licence, Australian passport, or other approved photo ID.
  • The legal effect of the document was explained and the client signed voluntarily.

The signed certificate travels with the executed loan and guarantee documents back to the lender's settlement team. If you'd like the national overview of what the certificate is and why banks ask for it, read the independent legal advice certificate guide.

Witnessing rules in WA

Western Australia introduced remote witnessing provisions that allow certain documents to be witnessed by audio-visual link, building on reforms made during the COVID period. Where remote witnessing applies, the witnessing solicitor must:

  1. Observe the signatory sign the document in real time over the video call.
  2. Be reasonably satisfied the document signed is the one being witnessed.
  3. Endorse the document to note it was witnessed by audio-visual link.
  4. Sign the same document (returned by courier) or a counterpart.

Whether your particular WA mortgage can be witnessed remotely depends on the document, the lender, and the current rules — which is why we confirm the method for your matter before the appointment. In practice, the common workflow is: you print the documents, the solicitor witnesses signing over video, and the wet-signed originals are couriered back the same day. For more on why pen-on-paper still matters, see what is a wet signature?

Landgate and registration

Real-property mortgages in Western Australia are registered with Landgate (the Western Australian Land Information Authority), with electronic lodgement handled through the national e-conveyancing network. The lender's settlement agent lodges the mortgage — you don't usually deal with the registration step directly.

What matters for you is that the mortgage document is executed in a way Landgate and the bank's settlement team will accept for registration. That typically means a correctly witnessed wet-signed original with the ILA certificate attached. Your ILA solicitor will make sure the witnessing clause is completed correctly so registration isn't held up.

Common WA scenarios that trigger ILA

Western Australia's property market spans the Perth metropolitan area, the regions, and a significant mining-and-resources workforce with varied income structures. The scenarios we see most often:

  • Parental guarantee loans for first home buyers in Perth, where the deposit is the binding constraint.
  • SMSF purchases of WA residential and commercial property under a limited recourse borrowing arrangement.
  • Company and trust borrowers with director or appointor personal guarantees.
  • Refinancing with a consenting co-owner — often a spouse jointly on the title.
  • FIFO and self-employed borrowers using family security to support borrowing.

Timing and turnaround

The biggest practical factor in WA is time zone and distance. WA runs on AWST, two to three hours behind the eastern states, which actually works in your favour for booking — a morning appointment in Perth still lands well within eastern-states business hours. Same-day ILA is routinely possible if the document pack is complete.

Where WA settlements occasionally run into trouble is the courier leg for regional and remote addresses. If you're in the Pilbara, the Kimberley or the Goldfields, send the wet-signed originals into an overnight service the moment the meeting ends, and have your broker confirm the bank received them ahead of settlement. An online appointment removes the travel entirely — you can meet your solicitor from anywhere in the state.

Your next step

If your WA bank has asked for an ILA certificate, send the loan documents to your ILA solicitor and book 48–72 hours before settlement. For background on the meeting, see what to bring to your ILA appointment, or read the complete independent legal advice certificate guide for the national picture.

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. Lender, state and witnessing rules change — confirm with your broker or solicitor before signing.