Tasmania
Temporary practice ('fly-in, fly-out' practice)
There is an express rule allowing temporary practice by foreign lawyers.
The relevant legislation is Part 2.6 of the Legal Profession Act 2007 (TAS).
A foreign lawyer may practise foreign law in Tasmania 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 2007 (TAS) – Part 2.6, Legal practice by foreign lawyers and the Legal Profession Regulation 2008 (TAS) – Part 2, Division 4, Legal practice: foreign lawyers.
The requirements that must be met to qualify for a limited licence are set out in sections Part 2.6 of the Legal Profession Act. A limited licence, pursuant to the Legal Profession Act allows an Australian registered foreign lawyer to provide limited services in Tasmania, 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.
An Australian registered foreign lawyer may provide only the following legal services in Tasmania under section 167 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.
The relevant legislation is the Legal Profession Act 2007 (TAS) – Part 2.4 and the Legal Profession Regulation 2008 (TAS) – Part 2.4. 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 Tasmania 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 (references are provided in the database).
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Law Society of Tasmania | www.taslawsociety.asn.au/web/en/lawsociety.html |
| Peak professional association representing the legal profession | Law Society of Tasmania | www.taslawsociety.asn.au/web/en/lawsociety.html |
| Other associations playing a significant role in developing policy for the legal profession | Law Council of Australia | www.lawcouncil.asn.au |