The Proposed China-Australia Free Trade Agreement: Key Issues Regarding Legal Practice in China for Australian Lawyers
Submission Date: 16 October 2013
The Law Council of Australia provided a submission to the Department of Foreign Affairs and Trade in relation to the Australian legal profession’s priorities under the proposed Free Trade Agreement (FTA) between Australia and China.
The Law Council of Australia seeks rights for Australian lawyers to practise law in China which are no more burdensome or restrictive than the rights which Chinese lawyers currently have in Australia. To achieve this, the Law Council seeks changes or amendments in China to provide:
- a right for Australian lawyers to form partnerships with Chinese legal practitioners in China;
- a right for Australian law practices in China to:
- employ Chinese legal practitioners without suspension of their practising certificates;
- practise Chinese law – provided they have at least one Chinese qualified legal practitioner director/partner;
- a right to practise foreign and international law without minimum residency restrictions or obligations; and
- a right for Australians to seek qualification and to be registered in China as Chinese legal practitioners.
Having regard to China’s schedule of specific commitments under the General Agreement on Trade and Services and China’s schedule of specific commitments in each of its other FTAs, the Law Council considers that China is unlikely to agree to bind these rights in the proposed Australia-China Free Trade Agreement (ACFTA). Nevertheless, the Law Council considers that outcomes which contribute to the attainment of these rights are possible through the ACFTA.
Read the full submission below.
Last Updated on 07/04/2025
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