Western Australia
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 2008.
The relevant conditions and restrictions include that a temporary practitioner may practise for no more than 90 days in a 12-month period, must comply with restrictions under the Migration Act 1958 limiting the period of stay, and may not maintain an office or become a partner or director in a law practice (section 152 of the Legal Profession Act 2008).
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 2008 - sections 164 to 193.
The requirements that must be met in order to qualify for a limited licence are as follows: In brief, the applicant must apply for registration, demonstrating evidence of practise and good standing in the overseas jurisdiction, or must be registered in Australia. (Sections 169-172 of the Act).
Scope of practice requirements are set out in section 154. A foreign legal consultant can practise foreign law but cannot appear in court or practise Australian law.
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, approximately six limited licences had been granted to foreign lawyers 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 2008 and subsidiary legislation.
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must qualify and apply in the same way as any other applicant. An applicant for a full licence must apply for assessment of academic qualifications (may be required to complete up to 11 university subjects if no Australian law degree); then complete Australian practical legal training (unless eligible to apply for exceptions); and satisfy suitability requirements.
As at June 2009, no full licences had been granted to foreign lawyers 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;
- foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law.
Other regulatory issues
In this jurisdiction:
- there are specific rules in relation to advertising. Section 159 of the Legal Profession Act deals specifically with advertising by foreign lawyers;
- there are specific rules in relation to use of names by lawyers or law firms. Section 14 of the Legal Profession Act and Regulation 5 state who can use what terms.
Foreign lawyers and firms are treated differently from local lawyers in the application of these rules, in that the Act has specific provisions for foreign registered lawyers. Often, the provision requires compliance with the rules applying to local lawyers, but nonetheless they are spelt out in the part of the Act dealing with foreign lawyers: .
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Legal Practice Board of Western Australia | www.lpbwa.org.au |
| Peak professional association representing the legal profession | Law Society of Western Australia | www.lawsocietywa.asn.au |
| Other associations playing a significant role in developing policy for the legal profession | Law Council of Australia | www.lawcouncil.asn.au |