‘Local law’ refers to the law that applies in a particular country. For example, in Australia, ‘local law’ refers to the laws of the Australian Commonwealth as well as the laws of Australian States and Territories.

‘Foreign law’ refers to the law of any other country when practised outside that country. For example, Chinese law or New York State law is regarded as ‘foreign law’ when practised in Australia. Conversely, Australian law is regarded as ‘foreign law’ when practised in China or in New York State.

‘International law’ means both public and private international law and includes international arbitration, mediation and dispute resolution services. For the purposes of this guide, a reference to foreign law can be taken to include a reference to international law.

There are no formal barriers to prevent foreign lawyers providing foreign law legal services on a fly-in, fly-out basis.

‘Fly-in, fly-out’ legal services means coming to Australia to provide legal services on a temporary basis, noting that you will need to obtain the appropriate visa to enter Australia.

Foreign lawyers working on a fly-in, fly-out basis are entitled to come to Australia and act for their clients and provide legal services (for example, in commercial negotiations, on transnational contracts, or international arbitrations) for a maximum period of 90 days in any 12-month period.

There is no requirement to register with an Australian legal profession regulatory body, provided the foreign lawyer does not maintain a legal office in Australia, become a partner or director of a law practice in Australia, or exceed the 90-day threshold of fly-in, fly-out practise in a 12-month period.

Eligibility for foreign lawyers to provide legal services in Australia is based on their right to provide legal services in their home and/or other foreign jurisdiction rather than on their nationality or residency status. That is, Australia enables foreign lawyers to practise foreign law in Australia to the extent that they are entitled to practise law in their home country and/or another foreign jurisdiction.

Foreign lawyers who wish to practise in Australia for more than 90 days in any 12-month period, establish a commercial presence (i.e. an office) or become a partner or director a law practice are required to register with the local State or Territory authority as an ‘Australian-registered foreign lawyer’.

This simple registration process is purely based on their right to engage in legal practice in one or more foreign jurisdictions.

Legal profession legislation in each State and Territory provides for mutual recognition of an Australian-registered foreign lawyer’s practising entitlements – i.e. a foreign lawyer registered as an Australian-registered foreign lawyer in one jurisdiction will be entitled to engage in legal practice as a foreign lawyer in any other Australian jurisdiction without additional registration.

Australian-registered foreign lawyers are subject to the same professional and ethical standards as apply to Australian legal practitioners.

An Australian-registered foreign lawyer is not entitled to practise Australian law, but may work in commercial association with and/or employ Australian legal practitioners.

Detailed information about the requirements for registration as a foreign lawyer should be directed to the admitting authority in the jurisdiction in which you wish to practise.

Every lawyer trained outside Australia who wishes to become eligible for admission to the Australian legal profession must first apply to the relevant State or Territory admitting authority for an assessment of whether the person's academic and practical legal training qualifications are substantially equivalent to the qualifications required of local applicants. That assessment will set out what additional studies the applicant must undertake in Australia, and the period within which the applicant must complete those studies and apply for admission.

A lawyer trained and admitted to the legal profession in New Zealand may apply to have those qualifications recognised under the Trans-Tasman Mutual Recognition Act 1997 (Cth).

Once an overseas applicant has been admitted to the Australian legal profession, the applicant must obtain a practising certificate before commencing to practise law.

Specific questions should be directed to the admitting authority or the practising certificate issuing authority in the State or Territory in which the applicant intends to practise.

Admission to practise local law in Australia

The Law Admissions Consultative Committee (LACC) has developed Uniform Principles for Assessing the Qualifications of Overseas Applicants for Admission to the Australian Legal Profession.

The Uniform Principles are implemented by the admitting authority in each State and Territory across Australia.

To be admitted to the legal profession in an Australian State or Territory on the basis of qualifications obtained outside Australia, an applicant must usually have:

1. completed a tertiary course leading to legal practice in the applicant's home jurisdiction, which is substantially equivalent to a three-year full-time law course that leads to admission to the legal profession in Australia;
    
2. successfully completed subjects, either as part of that course or otherwise, which are substantially equivalent to the areas of study which Australian applicants must successfully complete before being admitted to the legal profession in Australia;
    
3. acquired and demonstrated an appropriate understanding of, and competence in, certain skills, practice areas and values, which are substantially equivalent to the skills, practice areas and values which Australian applicants must acquire and demonstrate an understanding of and competence in, before being admitted to the legal profession in Australia; and
    
4. undertaken, or been exempted from, the International English Language Testing System Academic Module (IELTS) test within two years before seeking admission, and obtained minimum scores of 8.0 for writing, 7.5 for speaking and 7.0 for reading and listening in the relevant components of that test.

An admitting authority may dispense with one or more of the requirements referred to in items (b) and (c) in the case of an experienced practitioner from an overseas jurisdiction if it considers that the applicant's experience is sufficiently relevant, substantial and current to justify a dispensation.

The Legal Services Council has issued a guideline to admitting authorities in New South Wales, Victoria and Western Australia in relation to the grant of exemptions to foreign-qualified lawyers from the academic or practical legal training pre-requisites, including specific considerations an admitting authority must consider in the case of a foreign lawyer who has practised foreign law for a total of at least seven years.

Australian practising certificates

During the first two years of post-admission legal practice, Australian legal practitioners practising as a solicitor will have a condition imposed on their practising certificate that they may only engage in legal practice under supervision. This statutory period is reduced to 18 months if a lawyer has undertaken their practical legal training through completing a supervised training plan involving 12 months of work experience. Lawyers who are qualifying to practise as a barrister may be required to undertake a bar reading course or similar program, and complete a reading period or pupillage as a condition of their practising certificate.

Australian practising certificates are renewed annually and are (unless exempted) subject to statutory conditions about maintaining professional indemnity insurance and undertaking continuing professional development. In addition, other statutory and discretionary conditions may be imposed on a practising certificate.

An Australian legal practitioner granted a practising certificate in one Australian state or territory is able to practise local law in any other Australian state or territory without needing to apply for an additional practising certificate.

Each overseas jurisdiction maintains its own system of regulation governing the practise of local law by foreign trained lawyers. Different conditions will apply depending on the jurisdiction in which you wish to practise.

For example, some countries require that anyone practising law is a permanent resident or holds citizenship in that country, while others may require you to complete further training before you can apply for a local practising certificate.

Inquiries about the requirements to practise foreign law in another country should be directed to the organisation responsible for regulating legal practice in that country.

Each jurisdiction maintains its own system of regulation governing the practise of foreign law. Depending on the jurisdiction, you may be permitted to provide legal services in the following ways:

• practise on a fly-in, fly-out basis;
• provide legal services by telephone or over the internet; and/or
• establish a legal practice in the country (either to solely provide foreign law legal services or to provide legal services covering the laws of multiple jurisdictions in partnership with local lawyers).

The International Bar Association Global Cross Border Legal Services Report also provides information about requirements for the practise of foreign law and the organisations responsible for regulating legal practise in most jurisdictions.

Enquiries about the requirements to practise foreign law in another country or jurisdiction should be directed to the organisation responsible for regulating legal practise in that jurisdiction