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Interstate practice

The Legal Profession Uniform Law (NSW) enables holders of Australian practising certificates to engage in legal practice in New South Wales regardless of their home jurisdiction.

 The extent of entitlement to practise in NSW by an Australian legal practitioner holding a practising certificate from a non-participating jurisdiction is set out at Schedule 3 of the Legal Profession Uniform Law (NSW). Schedule 3 of the Uniform Law can be accessed here

Incorporated and Unincorporated Legal Practices 

1. Entity must give the Law Society written notices in the approved form  

Before engaging in legal practice 

If an entity intends to engage in legal practice in New South Wales as either an incorporated legal practice or an unincorporated legal practice, it must give the Law Society at least 14 days prior written notice in the approved form, of its intention to do so. The approved form can be found here.

Section 104(2) of the Legal Profession Uniform Law (NSW) prohibits an entity from engaging in legal practice as a law practice unless this notice has been given. 

Upon termination of provision of legal services 

An incorporated legal practice or an unincorporated legal practice must give the Law Society written notice in the approved form within 14 days after it ceases to engage in legal practice in NSW. The approved form can be found here.  

2. Where an interstate practitioner is authorised to withdraw money from a New South Wales Trust Account 

Rule 50(2) Legal Profession Uniform General Rules 2015 provides that during July in each year, a law practice must give the designated local regulatory authority written notice of the associates and Australian legal practitioners (including their names and addresses) who are authorised, as at 1 July in that year, to sign cheques drawn on a general trust account of the practice, or otherwise to effect, direct or give authority for the withdrawal of money from a general trust account of the practice except to the extent that this information has already been provided (or that the law practice reasonably expects to be included) in an external examiner's report under section 159 of the Uniform Law. The approved form can be found here.

3. Where a legal practitioner is employed in New South Wales by a law practice that does not have any New South Wales principals 

If a practitioner holds an Australian practising certificate issued by the Council of The Law Society of New South Wales and is employed by a law practice that has an office in New South Wales, but no solicitor holding a practising certificate in New South Wales authorising the holder to engage in legal practice as a principal of a law practice, then The Law Society requires notification to ensure that there is appropriate supervision and professional indemnity insurance in place for the practitioner and the law practice. The approved form can be found here.   
  

4. Where an interstate legal practitioner offers and provides legal services from an office in New South Wales 

Where there are no holders of Australian practising certificates issued by the Council of The Law Society of New South Wales at the law practice, but the law practice has an office in New South Wales, then The Law Society requests notification to enables interstate practitioners to be recorded on the Law Society’s database, website and in the Law Society Diary as having a presence in New South Wales. This notification is voluntary. The approved form can be found here.
 

CONTACT

  • Law Society Registry
  • Level 5, 170 Phillip Street
  • Sydney NSW 2000
  • DX 362 Sydney
  • T: (02) 9926 0156
  • F: (02) 9926 0257
  • E: registry@lawsociety.com.au