The Queensland solicitors' conveyancing reservation: past and future development - part I
Article
Article Title | The Queensland solicitors' conveyancing reservation: past and future development - part I |
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ERA Journal ID | 33967 |
Article Category | Article |
Authors | Byrne, Mark (Author) and Mortensen, Reid (Author) |
Journal Title | University of Queensland Law Journal |
Journal Citation | 28 (2), pp. 251-272 |
Number of Pages | 22 |
Year | 2009 |
Publisher | The University of Queensland Press |
Place of Publication | Brisbane, Australia |
ISSN | 0083-4041 |
Web Address (URL) | http://www.law.uq.edu.au/uqlj/ |
Abstract | 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. |
Keywords | lawyers; conveyancing; legal practice; competition; nonlawyer conveyancing |
ANZSRC Field of Research 2020 | 480505. Legal practice, lawyering and the legal profession |
480699. Private law and civil obligations not elsewhere classified | |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | School of Law |
https://research.usq.edu.au/item/9z92w/the-queensland-solicitors-conveyancing-reservation-past-and-future-development-part-i
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