Service
Certificate of Independent Legal Advice
Signed by a senior Australian lawyer acting only for you — usually within one to two business days, for a fee agreed up front.
Know what you need? Request a fixed-fee quote and upload your documents. Not sure of scope? Book a short call with a senior lawyer instead.
In short
A certificate of independent legal advice is a signed statement from a lawyer acting only for you, confirming they explained a document to you before you signed it. Lenders and opposing solicitors require it so the signature cannot later be challenged. We review the documents, give the advice properly, and sign the certificate — fixed fee, usually within one to two business days.
Why you are being asked for one
Whoever wants the certificate is managing a risk: that you will later argue you did not understand the document, were pressured into it, or were misled about what it meant. Australian courts will occasionally set aside guarantees and deeds on those grounds, particularly where a spouse or family member signed for someone else's business debt. A certificate from an independent lawyer largely removes that argument, which is why banks, landlords, franchisors and the other side's solicitors make it a condition of settlement.
Documents that commonly need one
- Personal and director guarantees, and guarantees by a spouse or parent.
- Third-party mortgages and securities — property owned by one person for another's debt.
- Related-party loans, director loans and SMSF limited recourse borrowing.
- Deeds of release, settlement, variation and accession.
- Share and unit transfers, buy-outs and exit documents.
- Franchise agreements and franchisor-required acknowledgements.
- Restraints of trade attached to a sale or departure.
What the lawyer must actually do
The certificate says advice was given, so the advice has to exist. Properly done, that means reading the whole document set, confirming who you are, explaining the obligations and the worst realistic outcome in plain language, answering your questions, and satisfying themselves that you understand and are signing freely. Where the exposure looks worse than you were told, the lawyer should say so and point out what could be negotiated before you sign.
What you need to provide
- The full document set — including schedules, annexures and any documents referred to.
- The certificate template required by the lender or the other side, if there is one.
- Photo identification for verification.
- The settlement or signing deadline.
- A short note on the commercial background: who is borrowing, why, and what you were told.
The process
- Send the documents with your enquiry and your deadline.
- We confirm we can act independently, then quote a fixed fee.
- Advice session by video Australia-wide, or in person in Sydney or Melbourne.
- Certificate signed and returned the same day, with a written summary of the advice.
Before you sign anything
Do not sign the document first and seek the certificate afterwards. The certificate is about advice given before signing, and a lender will usually reject one that is dated later. If you have already signed, tell us — there are still options, but they are narrower.
Frequently asked questions
What is a certificate of independent legal advice?
A short signed statement from a lawyer confirming they advised a named person, independently of the other parties, about a specific document before it was signed. Lenders, landlords, franchisors and opposing solicitors ask for one so that the signatory cannot later say they did not understand what they were agreeing to.
Who can sign the certificate?
An Australian legal practitioner holding a current practising certificate who does not act for the other side and has no interest in the transaction. Accountants, brokers, JPs and conveyancers cannot give it. The lawyer who prepared the loan or acts for the borrower cannot give it either.
What does the lawyer need from me?
The complete document set (not just the signature page), the certificate template your lender or the other side requires, identity documents, and your deadline. Financial information about the underlying transaction helps but is not always essential.
How long does it take?
Usually one to two business days from receiving the documents, and same-day where a settlement date requires it. The advice session itself typically runs 30 to 60 minutes depending on how much is being signed.
How much does a certificate cost?
We quote a fixed fee up front, set by the volume and complexity of the documents rather than the clock. A single guarantee sits at the lower end; a full loan and security package costs more because there is more to read and explain.
Can we do it by video call?
Yes. Most certificates are completed by video with electronic identity verification, which works anywhere in Australia. In-person appointments are available in Sydney and Melbourne where the document requires a witnessed signature.
Can the lawyer refuse to sign?
Yes, and a good one will if signing would be wrong — for example where you clearly do not understand or accept the risk, where you appear to be under pressure, or where there is a conflict. That is the safeguard the certificate exists to provide.
Related
Two ways to start
Get a fixed fee before any work starts.
Answer a few short questions, attach your documents if you have them, and a senior lawyer replies with the scope and the price.
Know what you need? Request a fixed-fee quote and upload your documents. Not sure of scope? Book a short call with a senior lawyer instead.
Working to a settlement date?
Send the documents and the deadline. We'll tell you straight away whether we can meet it.
Know what you need? Request a fixed-fee quote and upload your documents. Not sure of scope? Book a short call with a senior lawyer instead.