Queensland

Temporary practice ('fly-in, fly-out' practice)

There is an express rule allowing temporary practice by foreign lawyers.

The relevant legislation is section 165(2) of the Legal Profession Act 2007. The governing body is the Queensland Law Society.

The conditions for temporary practice are that: the foreign lawyer practises foreign law in Queensland for one or more periods that do not exceed in aggregate 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. The foreign lawyer may not keep an office for the purpose of practising foreign law in Queensland and may not become partner or director of a law practice.

Further detail is included in the database.

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 2007 - Part 2.8 Legal practice by foreign lawyers and the Legal Profession Regulation 2007 - Part 2.8 Legal practice by foreign lawyers.

The requirements that must be met to qualify for a limited licence are set out in sections 177, 180 and 182 of the Legal Profession Act 2007. A limited licence, pursuant to section 167 of the Legal Profession Act allows an Australian registered foreign lawyer to provide limited services in Queensland, namely, doing work related to the law of the foreign country in which the person is registered, making appearances in arbitration proceedings or in front of bodies other than a court. Full details are included in the database.

In order to offer advisory services in foreign and international law, a foreign legal consultant is not required to enter a commercial association with local lawyers.

As at June 2009, one limited licence had been granted to a foreign lawyer in this jurisdiction.

Full licensing

A foreign lawyer can obtain a full licence to practise law in this jurisdiction.

The relevant legislation is the Legal Profession Act 2007 - Part 2.4 and the Legal Profession Regulation 2007 - Part 2.4.

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 Queensland or another State/Territory. They must then apply for a practising certificate. Further details are included in the database.

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