When acting for both a buyer and seller in relation to the conveyance of a property, a technical and natural conflict arises.
The Australian Solicitors Conduct Rules allows for us as a law firm to act for both parties provided that we obtain informed consent and implement an effective information barrier.
Our practice management software allows us to restrict user access to your conveyancing file, therefore ensuring that your personal information and instructions are kept confidential to you. Only your appointed Conveyancer, Supervising Solicitor and bytherules staff who need to access your file as part of their work have access to your file.
Our Conveyancers work in their own offices, generally in separate geographical locations, and all communication between our Conveyancers and their respective Supervising Solicitors are conducted formally and at arm’s length.
As each parties’ information is kept separate by the implementation of an effective information barrier, it is possible for the other parties’ Conveyancer to hold information confidential to that party which, if known by you, could affect your decision to proceed with the transaction. This information is treated in the same way as if the other parties’ Conveyancer was employed by another law firm and it cannot therefore be disclosed to you without the other parties’ consent.
You should note that if an actual conflict arises between the parties we will immediately advise you, and if unable to resolve the conflict, help forward your file to another firm. In conveyancing a conflict can occur in a variety of ways. Conflicts can include badly drafted conditions that could involve unfair or undue hardship to one side, unclear building and pest advice or boundary disputes. Where we refer you to another firm we will make no charge for any work carried out up until that point and only charge for disbursements actually incurred. Unresolvable conflicts are rare, however if one occurs, we will ensure that you remain legally protected at all times.
