Australian Capital Territory
Temporary practice ('fly-in, fly-out' practice)
There is an express rule allowing temporary practice by foreign lawyers.
The relevant legislation is the Legal Profession Act 2006. The relevant governing body is the ACT Law Society.
An Australian registered foreign lawyer may provide only the following legal services in the ACT:
- doing work or transacting business, concerning the law of a foreign country where the lawyer is registered by the foreign licensing body for the country;
- legal services (including appearances) in relation to arbitration proceedings of a kind prescribed by regulation;
- legal services (including appearances) in relation to proceedings before a body (other than a court) in which the body is not required to apply the rules of evidence and in which knowledge of the foreign law of a country mentioned in paragraph (a) is essential; and
- legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed by regulation.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
The relevant legislation is the Legal Profession Act 2006 and the Legal Profession Regulation 2007.
In order to quality for a limited licence, an applicant must meet a series of requirements including in relation to: educational and professional qualifications; registration in a foreign state; fitness and good character; and professional indemnity insurance.
Once a licence has been granted, there are ongoing requirements: the licence holder must not practise as a principal, must not hold a practising certificate in any other state or territory, must notify the Law Society as soon as practicable every time practice details change and must notify the Law Society within 7 days if they are charged with a serious offence.
In order to offer advisory services in foreign and international law, a foreign legal consultant is not required to but may enter a commercial association with local lawyers.
Full licensing
Correspondents reported that a foreign lawyer cannot obtain a full licence to practise law in this jurisdiction.
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; and
- 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 regulatory issues
In this jurisdiction:
- lawyers admitted in New Zealand are given special status in that they may qualify for mutual recognition under the Trans Tasman Mutual Recognition Arrangement;
- there are specific rules in relation to advertising. The detail of these rules is outlined in the database;
- there are specific rules in relation to use of names by lawyers or law firms. The details of these rules are outlined in the database.
Foreign lawyers and firms are treated the same as local lawyers in the application of these rules.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | ACT Law Society | www.actlawsociety.asn.au |
| Peak professional association representing the legal profession | ACT Law Society | www.actlawsociety.asn.au |
| Other associations playing a significant role in developing policy for the legal profession | Law Council of Australia | www.lca.asn.au |