The Queensland solicitors' conveyancing reservation: past and future development - part I

Byrne, Mark and Mortensen, Reid (2009) The Queensland solicitors' conveyancing reservation: past and future development - part I. University of Queensland Law Journal, 28 (2). pp. 251-272. ISSN 0083-4041

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Queensland is now the only State in Australia to reserve conveyancing work exclusively for solicitors. This is, of course, a source of lingering controversy and resentment, especially amongst nonlawyer conveyancers elsewhere in Australia who, despite enjoying a long history, have grown most significantly in numbers and market profile since the 1990s.In this article, and a second that will follow in a later edition of the University of Queensland Law Journal, we therefore revisit the Queensland solicitors' conveyancing reservation. The next section is an account of the nature and scope of the reservation. This includes its historical development – a process that, despite the debate of the last two decades, was in the strictest legal terms only properly completed in 2004. The legal ground covered by the reservation is also outlined. It involves an analysis of the scope of the reservation, and the extent to which the solicitors' branch of the legal profession (when considered as a group) can genuinely be considered to have 'monopolised' the field of conveyancing work.
In the second article, we will consider the competition implications of the reservation, and the arguments for and against maintaining it.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published version deposited in accordance with the copyright policy of the publisher. Copyright of articles published in the University of Queensland Law Journal is vested jointly in the UQLJ and the contributor. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part may be reproduced without written permission.
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 16 Mar 2010 09:52
Last Modified: 16 Feb 2015 04:51
Uncontrolled Keywords: lawyers; conveyancing; legal practice; competition; nonlawyer conveyancing
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession
18 Law and Legal Studies > 1801 Law > 180105 Commercial and Contract Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified

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