Interstate

practice

NSW practising certificate holders intending to engage in legal practice in another Australian jurisdiction

If you are the holder of a current NSW practising certificate and you intend to engage in legal practice in another Australian jurisdiction, please contact the designated local regulatory authority (“DLRA”) in that jurisdiction prior to engaging in legal practice in that jurisdiction. It is important that you make prior contact as there may be a requirement for you to provide the DLRA with prior written notice of your intention. You should also contact your professional indemnity insurer.

 

If you are opening a branch office of a NSW law practice in another Australian jurisdiction, in addition to contacting the DLRA in that jurisdiction to determine any local requirements please also provide details to the Law Society Registry . You can do this via email to: registry@lawsociety.com.au

Interstate practising certificate holders intending to engage in legal practice in NSW

Subject to compliance with requirements, the Legal Profession Uniform Law (NSW) (“Uniform Law") facilitates holders of Australian practising certificates to engage in legal practice in New South Wales.

The extent of the 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 Uniform Law. Schedule 3 makes it clear that if, during a financial year, an interstate practitioner permanently moves his or her principal place of practice from another jurisdiction to New South Wales, he or she should renew his or her practising certificate with the Law Society of NSW for the next financial year.

Notice to the Law Society

If you are an interstate practitioner intending to practise in NSW, notice to the Law Society is required in the following circumstances):

1. Incorporated and Unincorporated Legal Practices (as defined in section 6 of the Uniform Law)

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

Before engaging in legal practice

Section 104 of the Uniform Law requires an entity that intends to engage in legal practice in New South Wales, as either an incorporated or unincorporated legal practice (as defined in the Uniform Law) to give the Law Society at least 14 days prior written notice, in the approved form, of its intention to do so.

Notice to engage in incorporated legal practice form

Notice to engage in unincorporated legal practice form

Section 104(2) of the Uniform Law 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 or 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.

Notice to cease incorporated legal practice form

Notice to cease unincorporated legal practice form

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

Rule 50(2) of the 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.

Click here for the approved form

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

In circumstances where an interstate law practice has a branch office in NSW, employing a NSW practitioner and the principals of the law practice hold interstate practising certificates,  the Law Society requires notification of these circumstances to ensure that there is appropriate supervision and professional indemnity insurance in place for the practitioner and the law practice. 

Click here for the approved form

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

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

Click here for the approved form