Board of Examiners

Admission

First Admission - Local Applicants

  Interstate

  New Zealand

  Overseas Admitted

  Overseas Qualified - Not Admitted

Practising Certificates

Incorporated Legal Practitioner

Trust Account Audit Report

Professional Indemnity Insurance

The Legal Practitioners Registry operates under a delegation from the Supreme Court of South Australia and has responsibility for:

• Register of Legal Practitioners in South Australia,

• Issue of annual practising certificates

• Legal Practitioners Trust Account Audits

• Secretariat to the Board of Examiners
  
  

Board of Examiners

The Board considers applications for renewal of practising certificates where the applicant has not held a South Australian practising certificate for 3 or more years.  LPEAC 2004 Rule 9.

The Board also considers any applications for intimations as to suitability of character to be admitted pursuant to LPEAC 2004 Rule 8.

The Board generally meets on the last Tuesday of each month except in December.

The Supreme Court is the admitting authority.

The Registrar acts as Secretary to the Board.

Admission

First Admission - Local Applicants

To be eligible for admission to the Supreme Court of South Australia an applicant must satisfy the academic and practical requirements prescribed in 2004 Legal Practitioners Education and Admission Council (LPEAC) Rule 2.

The academic requirement is a tertiary study of law in Australia completed over a minimum of three years full time (or the part time equivalent) and which includes the Priestley 11 subjects.  In South Australia completion of the Bachelor of Laws degree from Adelaide University or Flinders University satisfies the academic requirements.  The Bachelor of Laws and Legal Practice degree from Flinders University is recognised as satisfying both the academic and the practical requirements for admission.  The practical requirements for admission requires the completion of a course of study which provides the requisite understanding and competence in the skills, values and practice areas prescribed within the LPEAC Rules.  The Law Society Graduate Diploma in Legal Practice is an approved practical legal training course.

Where an application has completed law qualifications interstate and seeks to enrol in the GDLP Course, the applicant must have his/her qualifications formally accredited by the Board of Examiners prior to enrolling in GDLP.

In addition to being eligible for admission an applicant must satisfy the Supreme Court that he or she is of good character s.15(1) Legal Practitioners Act 1981.

Guide to Admission Procedures (pdf format)

Pro forma Admission Documents (word format)

Please refer to the Schedule of Admission Dates for relevant dates for filing documents

Interstate and New Zealand

Interstate

If you are an Australian lawyer or an Australian legal practitioner seeking to practise in South Australia on a permanent basis then you will need to seek admission in South Australia pursuant to the provisions of the Mutual Recognition Act by applying to the Board of Examiners.  Practice Direction No 3 and Form 6 Application

New Zealand

If you have been admitted in New Zealand and not in any other Australian jurisdiction you can seek admission in South Australia by applying to the Board of Examiners pursuant to the provisions of the Trans-Tasman Mutual Recognition Act.

For further information, including the cost of making an application, contact the Registry on 8229 0251.

Overseas Admitted

Practitioners admitted overseas and who seek admission in South Australia must apply to the Board of Examiners for accreditation of both their academic and practical qualifications. Application is by way of statutory declaration.

To obtain academic accreditation applicants must provide certified copies of degrees, diplomas or other qualifications obtained notarised by the awarding institution and which identify the applicant by reference to the applicant’s passport.  Also a certified copy of the applicant’s academic record and course curricula from the year in which the subject was completed for each law subject which the applicant relies upon in the applications and in sufficient detail to enable the assessing body to make a recommendation.  Applicants should expect to be required to complete some further academic study at an Australian University.

To obtain accreditation for practical law qualifications completed as a requirement for admission in your home jurisdiction applicants must provide certified copies of any certificates, transcripts of results and course outlines in sufficient detail to permit an assessment of your practical qualifications.  Applicants may be required to complete all or part of the practical legal training required for admission in South Australia.

A fee of AU$400 applies to all applications for accreditation of overseas qualifications.

For identification purposes we require a certified copy of the applicant's passport.

Applicants from countries where English is not the first language may also be required to provide the results of the English language proficiency (IELTS) test which satisfies the requirements of the Uniform Admission Rules.

In addition the applicant should detail all law related employment following admission. Testimonials from former employers corroborating the type of work undertaken should be annexed to your statutory declaration. In addition at least two statutory declarations from either legal practitioners admitted for five years who have known the applicant for two years, or persons of good repute who have known the applicant at least five years, attesting to the applicant's good character and fitness to be admitted. Applicants should be prepared to undertake a period of supervised employment, as a law clerk in South Australia, prior to their admission in this state.

Uniform Principles for Assessing Overseas Qualifications     PD1A Overseas Qualified      Rule 4 Overseas

Overseas Qualified - Not Admitted

Applications from overseas qualified persons who have not been admitted but who have qualified for admission overseas and who are seeking accreditation of their academic and practical qualifications with a view to admission in South Australia should refer to the procedure outlined above with the exception of providing evidence of admission and testimonials.

Practising Certificates

All admitted persons permanently practising law in South Australia are required to hold a current South Australian practising certificate. Please contact the Legal Practitioners' Registry on 8229 0251 for practising certificate fees. 

Practitioners who practise in the private profession also require professional indemnity insurance, please contact this Registry so that a tax invoice for your practising certificate and professional indemnity insurance can be issued. 

Practitioners not practising in the private profession but who are employed in government or the corporate sector or who are no practising at all should complete a Form 5 Exemption application and forward both the completed Form 1 and Form 5 together with payment.

Form 1 Practising Certificate        Form 5 Exemption Application

Incorporated Legal Practitioner

Practitioners are able to practise in South Australia through a legal practitioner company. The constitution of the company must conform with section 16(2) of the Legal Practitioners Act 1981 (as amended) and must first be approved by the Legal Practitioners' Registrar. Any proposed amendments to the constitution must be fist submitted for approval by the Registrar and any change in directors must be notified to the Registry.

A legal practitioner company must not practise in partnership unless authorised by the Registrar.

A company that is a legal practitioner is required to hold a practising certificate which is in addition to the certificate held by the practitioner directors and/or employees of the company.  Form 3 Company Practising Certificate

Annual returns in accordance with section 24 of the Legal Practitioners Act must be lodged in July of each year.
Form 6 Company Return

Trust Account Audit Report

The annual report of the audit of the legal practitioner's trust account is to be lodged with the Registry by 31 October of each year. Practitioners are required to forward their Regulation 25 statement to their auditor by the end of August. The Society forwards the recommended format of that statement to firms having trust accounts electronically each year in sufficient time for it to be provided to the auditor.

Failure to lodge a trust account audit report by the due date will result in the suspension from practice of the practitioners concerned.

Any resignation from any appointment as a legal practitioners' trust account auditor must be approved by the Registrar and any change of auditor notified to the Registry.

Any auditor seeking to be approved for the purposes of conducting legal practitioners trust accounts should make application to the Registrar. All approved auditors are required to attend refresher courses at least once every two years. Failure to attend the course as required will result in the approval of the auditor being withdrawn.

Please contact the Registry for any assistance in these matters.

Professional Indemnity Insurance

Under Section 52 of the Legal Practitioners Act 1981, as amended, the Society administers the State’s Professional Indemnity Insurance Scheme as approved by the Attorney-General.  The Scheme provides for cover up to $2million inclusive of costs for each and every claim.  Practitioners should obtain a copy of the Scheme document to ensure that they are familiar with the terms and conditions of cover. All practitioners exercising a right of private practice are required to hold insurance. Any practitioner holding a practising certificate whether interstate or overseas, working in the government or corporate sectors, or not currently working should seek an exemption from insurance by completing the appropriate exemption form. The Scheme is administered by the Law Claims section of the Society.

Practitioners commencing employment or changing employment and who require professional indemnity insurance should contact this Registry prior to commencing employment and obtain the appropriate documentation.  As the insurance contribution is calculated on a daily pro rata basis, practitioners should contact this Registry to discuss their requirements.

Insured practitioners ceasing employment may be eligible for a pro rata refund in respect of the insurance contribution paid.  Please contact this Registry for further information.

Practitioners are advised that practising without having professional indemnity insurance in place will result in their practising certificate being suspended, by operation of law, for the entire period of the breach until it is remedied.

Click here to contact the Registry.