New South Wales
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 2004 (NSW) and the Legal Profession Regulation 2005 (NSW). The relevant governing body is the Law Society of NSW.
A foreign lawyer may practise foreign law in NSW for 1 or more periods that do not in aggregate exceed 90 days in any 12-month period; or must otherwise comply with a restriction imposed under the Migration Act 1958 (Cth) that has the effect of limiting the period during which work may be done.
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 2004 (NSW) (Part 2.7), Legal Profession Admission Rules 2005 (NSW),Legal Profession Regulation 2005 (NSW). These are available online at www.legislation.nsw.gov.au.
In order to ensure 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.
There are approximately 50 foreign registered lawyers in NSW (as at June 2010).
An Australian registered foreign lawyer may provide only the following legal services in NSW under section 188 of the Legal Profession 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.
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
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 the NSW or another State/Territory. They must then apply for a practising certificate. An applicant may be required to undertake additional academic and practical training to obtain admission. The NSW Legal Profession Admission Board (LPAB) is the responsible government body.
The relevant legislation is the Legal Profession Act 2004 (NSW) (Part 2.3), Legal Profession Admission Rules 2005 (NSW),and the Legal Profession Regulation 2005 (NSW). The Uniform Principles for Assessing Qualifications of Overseas Applicants for Admission to the Australia Legal Profession governs the assessment of qualifications.
Under the Uniform Principles, applicants must demonstrate an academic and practical standard substantially equivalent to Australian requirements. The NSW LPAB has a discretion under section 24(4) of the Legal Profession Act to exempt applicants from the requirements of the Uniform Principles on the basis of academic qualifications of legal experience.
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:
- 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;
- 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 | NSW Legal Profession Admission Board | www.lawlink.nsw.gov.au/lpab |
| Peak professional association representing the legal profession | Law Society of NSW | www.lawsociety.com.au |
| The NSW Bar Association | www.nswbar.asn.au | |
| Other associations playing a significant role in developing policy for the legal profession | Law Council of Australia | www.lca.asn.au |