Service
Independent Legal Advice
A lawyer acting only for you, before you sign a guarantee, mortgage, loan or deed. Fixed fee, certificate included, usually within 48 hours.
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
Independent legal advice is advice from a lawyer acting only for you, with no interest in the transaction, before you sign a guarantee, mortgage, loan, deed or transfer. We review the documents, explain the real exposure, and provide the signed certificate your lender or the other side requires — for a fixed fee, usually within one to two business days.
When people are sent to us for independent advice
- Personal guarantees. A bank, landlord, franchisor or supplier wants a director or their spouse to guarantee the business.
- Third-party and family mortgages. Parents securing a child's business loan, or one entity mortgaging property for another's debt.
- Related-party and SMSF loans. Limited recourse borrowing, director loans, and loans between related companies or trusts.
- Deeds of release, settlement and variation. Where the other side's lawyer wants certainty the deed cannot later be unwound.
- Share, unit and business transfers. Including transfers between family members, co-owners and trustees.
- Exiting a company or partnership. Buy-outs, restraints, accession and release documents.
- Company constitutions, trust deeds and consents where a signatory needs their own advice.
What "independent" actually means
The lawyer must act only for you. They cannot also act for the lender, the borrower, the franchisor, the company or the other party to the deed where those interests conflict. That independence is the entire point: it is what makes the certificate worth anything, and it is what protects you if the transaction later turns bad and someone argues you knew exactly what you were agreeing to.
Independent advice is also the mechanism the law uses to close off later arguments about undue influence, unconscionable conduct and misunderstanding — the line of cases beginning with Yerkey v Jones is the reason banks insist on it for spouse and family guarantees. Once you have had genuine advice, those arguments largely disappear. That cuts both ways, which is why the advice should be real rather than a signature on a form.
What we do
- Read the full document set — not just the page you were asked to sign.
- Explain, in plain English, what you are promising, for how long, and which assets are exposed.
- Identify the worst realistic outcome and what would have to happen for you to be pursued.
- Tell you what could be negotiated: a cap, a sunset date, a carve-out of the family home, co-guarantors, release on sale.
- Confirm the document does what the commercial deal was supposed to be.
- Sign and return the certificate in the form your lender or the other side requires.
How it runs
- Send the documents. Upload the full set with your enquiry, plus any certificate template and your deadline.
- Fixed fee confirmed. We check we are free to act, then quote before we start. No hourly surprises.
- Advice session. A structured call — video Australia-wide, or in person in Sydney and Melbourne — with identity verification.
- Certificate issued. Signed and returned the same day as the session, with a short written summary of what we told you.
Advice, not a rubber stamp
Some firms treat certificates as a ten-minute formality. We do not, for two reasons. First, the certificate is evidence against you later, so it should only be signed once you genuinely understand the risk. Second, the review frequently turns up something worth fixing before settlement — an uncapped "all monies" guarantee, a security interest broader than the loan, a restraint with no geographic limit, a release that gives away claims nobody intended to give away. Raising it before you sign costs a fraction of arguing about it afterwards.
Why Envision Legal
We are a boutique commercial firm acting for Australian businesses, directors and their families. You deal with a senior lawyer, not a paralegal with a template. Fees are fixed and agreed before work begins, enquiries are answered within one business day, and we work to your settlement date. We act Australia-wide from Sydney and Melbourne.
Frequently asked questions
What is independent legal advice?
Independent legal advice is advice given by a lawyer who acts only for you, has no interest in the transaction and does not act for the lender, the other party or the business you are signing for. The lawyer explains the document, the obligations it creates and the worst-case outcome, then usually signs a certificate confirming that advice was given.
When is independent legal advice required?
Most often when a lender, landlord, franchisor or the other side's lawyer requires it as a condition of settlement: personal guarantees, third-party mortgages, related-party and SMSF loans, deeds of release or settlement, share and unit transfers between related parties, and documents where one party may later argue they did not understand what they signed.
Who can give independent legal advice?
An Australian legal practitioner with a current practising certificate who is independent of the transaction. The same firm cannot advise both the borrower and the guarantor, or both sides of a deed, where their interests conflict. We confirm we are free to act before we accept the engagement.
How much does independent legal advice cost?
We quote a fixed fee before any work starts, based on the documents involved. A single guarantee or certificate is at the lower end; a package of loan, security and related documents costs more because there is more to read. You will never receive an open-ended hourly estimate from us.
How quickly can it be done?
Usually within one to two business days of receiving the documents, and same-day where a settlement date demands it. Send the full document set and the certificate your lender or the other side requires, and tell us the deadline.
Is it done in person or online?
Either. Most certificates are completed by video call with electronic identity verification, which works anywhere in Australia. In-person appointments are available in Sydney and Melbourne where a document or lender requires a witnessed signature.
Do you advise on family law agreements?
No. We are a commercial firm. Our independent advice work covers business, finance, property and corporate documents. If you need independent advice on a binding financial agreement or consent orders, you need a family law specialist and we will say so rather than take the file.
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.
Send us the documents
Upload the document set and your deadline. We'll confirm a fixed fee before any work starts.
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.