Can lawyers refer clients to mortgage brokers for a referral fee in Australia?

Reviewed by: Nicholas El-Khoury

Can lawyers refer clients to mortgage brokers for a referral fee in Australia?

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Yes. Lawyers in Australia can refer clients to mortgage brokers and receive a referral fee, subject to the legal profession rules of their state or territory and appropriate client disclosure.

Legal profession rules. In most Australian jurisdictions, the Legal Profession Uniform Rules and state-specific regulations permit fee-sharing or referral fee arrangements with non-lawyer service providers (including mortgage brokers), provided the client is notified and the arrangement does not compromise the lawyer’s duty to the client.

The lawyer’s role. The lawyer is making an introduction only — they are not providing credit advice or mortgage product recommendations. All lending work is performed by the licensed broker. This limits the lawyer’s professional responsibility in the referral chain.

Conflict of interest management. The lawyer must ensure the referral is genuinely in the client’s interest and that receipt of a referral fee does not influence the nature of the legal advice provided. The referral fee should not create an incentive to recommend finance-related transactions that are not in the client’s best interests.

Written agreement. A documented referral agreement between the law firm and the mortgage broker should cover the fee structure, disclosure process, and scope of the arrangement.

Property lawyers and conveyancers are particularly well-positioned for mortgage referral programs — their clients are in active property transactions and frequently require finance, refinancing, or investment lending. The timing of the legal engagement aligns directly with the lending need.

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