South Australia
Temporary practice ('fly-in, fly-out' practice)
The relevant legislation is the Legal Practitioners Act 1981 (SA). In South Australia there is no specific requirement to register as a foreign lawyer, but a foreign lawyer is permitted to practice on a fly-in, fly-out basis.
Limited licensing of foreign lawyers (foreign legal consultant rules)
The relevant legislation is the Legal Practitioners Act 1981 (SA). In South Australia there is no specific requirement to register as a foreign lawyer, but a foreign lawyer is permitted to provide legal services in foreign law.
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
The relevant legislation is the Legal Practitioners Act 1981 (SA). The Uniform Principles for Assessing Qualifications of Overseas Applicants for Admission to the Australia Legal Profession governs the assessment of qualifications.
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must first become admitted to the legal profession in Australia, either in SA or another State/Territory. They must then apply for a practising certificate. Under the Uniform Principles, applicants must demonstrate an academic and practical standard substantially equivalent to Australian requirements. An applicant may be required to undertake additional academic and practical training to obtain admission.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may be employed by a foreign lawyer or foreign firm;
- foreign lawyers may provide services in some other form of commercial association with local lawyers;
- foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law;
- foreign firms are permitted to enter into commercial association with local lawyers or law firms.
Other form of practice requirements are detailed in the database.
Other regulatory issues
In this jurisdiction:
- Australia’s Mutual Recognition Act 1992 (Cth), which applies across Australian states and territories, provides for each state and territory to mutually recognise the admission of lawyers in other states/territories;
- admitted lawyers from New Zealand are given special status in that they may qualify for mutual recognition under Trans Tasman Mutual Recognition Arrangement;
- there are specific rules in relation to advertising;
- there are specific rules in relation to use of names by lawyers or law firms.
Foreign lawyers and firms are treated differently from local lawyers in the application of these rules.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Law Society of South Australia | www.lawsocietysa.asn.au |
| Peak professional association representing the legal profession | Law Society of South Australia | www.lawsocietysa.asn.au |
| Other associations playing a significant role in developing policy for the legal profession | Law Council of Australia | www.lawcouncil.asn.au |