Development of Country Strategies for Japan, China, Indonesia, India and South Korea
Submission Date: 7 June 2013
The Law Council acknowledges the assistance of the International Law Section, Australian Capital Territory Law Society’s International Lawyers’ Committee and Law Society of South Australia’s International Legal Practice Committee in the preparation of this submission.
The Law Council’s interest in liberalisation of legal services in each target country encompasses the introduction of measures to permit:
- the ‘fly-in/fly-out’ practise of law by Australian lawyers – similar to Australian provisions which permit foreign lawyers to engage in the ‘fly-in/fly-out’ practise of law in Australia;
- the restricted practise of foreign and international law by Australian lawyers through the introduction of ‘registered foreign legal consultant’ rules – similar to the Australian provisions which permit foreign lawyers to establish a commercial presence in Australia as a registered foreign legal consultant;
- Australian and foreign law practices to formally enter into commercial associations such as joint ventures and strategic alliances and to permit them to enter into fee and profit sharing arrangements – similar to the Australian provisions which permit foreign law practices to enter into joint-ventures and strategic alliances and to share profits with Australian firms in Australia; and
- Australian lawyers and law practices to engage in commercial arbitration, conciliation and mediation in the target country – similar to the Australian provisions which permit foreign lawyers to engage in commercial arbitration, conciliation and mediation in Australia.
Each of the five target countries prohibit one or more of the above forms of legal practice and none have provisions which are as liberal as Australia.
Last Updated on 07/05/2025
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