Conveyancing Dispute Resolution Scheme

If you are involved in a dispute concerning a contract for the sale of land, and your solicitor is a member of the Law Society, the Law Society’s Conveyancing Dispute Resolution Scheme may be able to provide assistance.

The Scheme is run by the Law Society’s Property Law Committee and aims to offer an impartial and authoritative alternative to litigation or arbitration. Under the Scheme, the Committee is available to hear disputes and provide the parties with a binding determination.

Requirements

This Scheme is available provided there is acceptance by the disputing parties of the following pre-conditions:

• Both parties and their solicitors must agree on the issue(s) submitted for determination
• Both parties and their solicitors must agree to abide by the determination of the Committee
• The amount in dispute does not exceed $25,000.

How determinations are made

In arriving at a determination the Committee considers:

• the terms of the contract
• statute law
• decided cases
• what is fair and reasonable in all the circumstances.

The Committee is not bound by its own precedents and may refuse to make a determination where the majority of the Committee considers it appropriate. The Committee’s decision is provided to the claimants in writing without the reasons for the determination.

Important information

Participation in the Scheme by the individual solicitors who serve on the Property Law Committee of the Law Society is voluntary.

The Property Law Committee considers and determines disputes within a reasonable time. Its proceedings are at the discretion of the Chair of the Committee.

The Law Society, its employees and members of the Property Law Committee are not liable to either party to a dispute for any loss or damage directly or indirectly arising in the course of handling the dispute.

How to apply

Parties wishing to refer a dispute to the Property Law Committee are required to forward the completed and signed Conveyancing Dispute Resolution Scheme Joint Referral Notice, together with submissions and documentation, to the Law Society’s Property Law Committee.

Parties to a dispute may be required to provide further information to the Committee if it considers the original information insufficient.