Extract from Land and Business (Sale and Conveyancing Sydney) Act 1994 Preparation of Conveyancing Sydney instruments—Part 5      (1)     A legal practitioner or registered conveyancer must not pay or give a commission or fee or other consideration to a person for referring business involving the preparation of Conveyancing Sydney instruments. Maximum penalty: $5 000.      (2)     An agent, or a person who stands in a prescribed relationship to an agent, must not demand or receive from a legal practitioner or registered conveyancer a commission or fee or other consideration for referring to the legal practitioner or registered conveyancer business involving the preparation of Conveyancing Sydney instruments. Maximum penalty: $5 000.     (3)     An agent, or a person who stands in a prescribed relationship to an agent, must not procure or attempt to procure the execution of a document requiring or authorising the preparation of a Conveyancing Sydney instrument by a particular person or person of a particular description. Maximum penalty: $5 000.     (4)     A clause included in, or appended to, an offer or contract for the sale of land or a business requiring or authorising the preparation of a Conveyancing Sydney instrument by a particular person or person of a particular description is void.   30-Conveyancer not to act for both parties unless authorised by regulations   Except as authorised under the regulations, a conveyancer must not act for both the transferor and transferee, or the grantor and grantee, of property or rights under a transaction. Maximum penalty: $5 000.   31-Effect of contravention        (1)     A Conveyancing Sydney instrument is not void or voidable because it is prepared in contravention of this Part.      (2)     An officer of the Crown to whom a Conveyancing Sydney instrument is presented for stamping or registration need not inquire whether the instrument has been prepared in contravention of this Part.   28.7.2008—Land and Business (Sale and Conveyancing Sydney) Act 1994 Preparation of Conveyancing Sydney instruments—Part 5   Dual representation—Part 3      (a)     the transferor and transferee or the grantor and grantee (in this Part referred to as both parties)—      (i)     are related to one another by blood, adoption or marriage; or      (ii)     are domestic partners one of the other; or     (iii)    are bodies corporate that are related to each other for the purposes of the Corporations Act 2001 of the Commonwealth; or     (iv)    are a proprietary company and a person who is a shareholder or director of that company; or      (v)     are registered as the proprietors of the relevant land as tenants in common or joint tenants with one another; or     (vi)    carry on business in partnership with each other; or      (b)     the conveyancer has obtained from both parties a written acknowledgment, or general authority, in the form set out in Schedule 4.      (2)     However, a conveyancer is not authorised to act for both parties to a transaction if the conveyancer is subject to a conflict of interest in relation to the transaction. 18- Conveyancer must cease to act if conflict of interest arises      (1)     If, in the course of acting for both parties to a transaction, the conveyancer becomes subject to a conflict of interest in relation to the transaction, the conveyancer must notify both parties in writing and cease to act in the matter. Penalty: Division 7 fine.      (2)     However, if both parties agree in writing that the conveyancer may continue to act for one of them, the conveyancer may continue to act for that party. 19 – Meaning of conflict of interest      For the purposes of this Part, a conveyancer is subject to a conflict of interest in relation to a transaction if—      (a)     the duties owed by the conveyancer to one party to the transaction conflict with the duties owed by the conveyancer to the other party to the transaction (for example, if the conveyancer is obliged, in fulfilling his or her duty to one party, to withhold information or advice from the other party that, by reason of the conveyancer’s duty to that other party, he or she should not withhold); or      (b)     the conveyancer has a personal or pecuniary interest in the transaction arising otherwise than from the conveyancer’s services as a conveyancer in respect of the transaction. 25.9.2008—Land and Business (Sale and Conveyancing Sydney) Regulations 1995 Dual representation—Part