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General review of the China–Australia Free Trade Agreement

Submission Date: 1 April 2026

The Law Council of Australia provided a submission to the Department of Foreign Affairs and Trade (DFAT) to support the General Review of the China–Australia Free Trade Agreement (ChAFTA).

During the negotiation of the ChAFTA, the Law Council engaged closely with DFAT about priorities of the Australian legal profession. This engagement included the development of a discussion paper on Key Issues Regarding Legal Practice in China for Australian Lawyers.1

Following the conclusion of the negotiation of the ChAFTA in November 2014, the Law Council welcomed the Agreement on the basis that it included the strongest commitments made by China, at that time, on legal services under an FTA.2

The ChAFTA extends China’s commitments under the WTO, including by allowing Australian firms to form joint operations and exchange lawyers as legal consultants with Chinese law firms in the Shanghai Free Trade Zone (SFTZ).

While noting the positive elements of the Agreement, the Law Council has also previously highlighted its disappointment that many unnecessarily burdensome aspects of regulation affecting the Australian legal profession have not been eliminated in full or in part by the ChAFTA, even within the SFTZ.3

These include minimum residency and post-admission experience requirements, and lengthy prior establishment of offices in China as pre-requisites to qualify for the establishment of a ‘commercial association’ office in the SFTZ.4

The Law Council continues to seek rights for Australian lawyers to practise law in China that are no more burdensome or restrictive than the rights that Chinese lawyers currently have in Australia.

As noted by DFAT, Australia’s Free Trade Agreements are not static documents.5 They are implemented over time and subject to review to maximise the benefits they deliver.6

The Law Council encourages the Australian Government to use the current Review of ChAFTA as an opportunity to consider practical measures to address the barriers identified in this submission.

1 See Law Council of Australia, Discussion Paper: The proposed China-Australia Free-Trade Agreement: Key Issues Regarding Legal Practice in China for Australian Lawyers (Submission, 16 October 2013).
2 Law Council of Australia, Law Council welcomes the China–Australia Free Trade Agreement (Media Release No. 1426, 18 November 2014).
3 See Law Council of Australia, China – Australia Free Trade Agreement (ChAFTA) (Submission, 24 July 2015) 2.
4 Ibid.
5 Department of Foreign Affairs and Trade, Background Document: Free Trade Agreements as Living Agreements (Fact Sheet, last updated on 8 October 2015).
6 Ibid.

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Last Updated on 10/04/2026

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