Interstate Legal Practitioners
1.
The Legal Practitioners Act 1981 (Act)
provides the following definition of “interstate legal practitioner”:
interstate
legal practitioner means a natural person—
(a) who has been admitted as a legal practitioner in a participating
State; and
(b) who holds an interstate practising certificate issued or given
by a regulatory authority in that State or is entitled by admission or
otherwise to practise the profession of the law in that State; and
(c) who is not a local legal practitioner; and
(d) whose principal place of legal practice is not this State
2. Act
provides that interstate legal practitioners can provide legal services in
South Australia. See section 21(1) which states as follows:
21(1) A natural person must not practise the
profession of the law, or hold himself or herself out, or permit another to
hold him or her out, as being entitled to practise the profession of the law
unless the person—
(a) is
a local legal practitioner; or
(b) is
an interstate legal practitioner.
Maximum
penalty: $50 000.
3. It is
important to note that a practitioner is only an interstate legal practitioner
and entitled to practise in South Australia if their principal place of legal
practice is not in South Australia. If you want South Australia to be your
principal place of practice you must hold a South Australian practising
certificate. If you have not been admitted to practice in South Australia you
will need to apply for registration pursuant to the Mutual Recognition Act
1992 (click here
for more information).
4. Interstate
legal practitioners practising in South Australia are subject to the following
provisions under Division 3A of Part 3 of the Act (the following is just a
summary - go to the Act to see the full text):
a. An interstate legal practitioner is an officer of the Supreme
Court when practising in South Australia (section 23A).
b. Interstate legal practitioners must provide written notice to the
Supreme Court of South Australia of any practising certificate conditions or
limitations that apply to them. A failure to do so will constitute professional
misconduct as will any breach of practising certificate conditions or
limitations (section 23B).
c. South
Australian regulatory authorities may impose conditions or limitations on an
interstate legal practitioner’s ability to practise in South Australia (section
23C).
d. An
interstate legal practitioner who establishes an office in South Australia must
give written notice to the Supreme Court (section 23D). The maximum penalty for
a breach of this requirement is $10,000. See below for more information about
this requirement.
5. If you
are an interstate legal practitioner who wants to establish an office of an
interstate law practice in South Australia from which legal services will be
provided entirely by interstate legal practitioners you need to provide written
notice pursuant to section 23D of the Act. Responsibility for the receipt of
section 23D notices and the maintenance of the Interstate Legal Practitioner
Register has been assigned by the Supreme Court to the Society. You can provide
notice pursuant to section 23D by completing and lodging a Form U and paying the
prescribed fee of $30.
6. If you
are an interstate legal practitioner who wants to establish an office of an
incorporated legal practice in South Australia from which legal services will
be provided entirely by interstate legal practitioners you need to provide
written notice pursuant to section 23D and clause 4 of Schedule 1 of the Act.
You can provide the required notice by completing and submitting a Form U and Form G (Part A only) and
paying a prescribed fee of $30.
7. If you
are an interstate legal practitioner who wants to establish a law practice in
South Australia through which legal services will be provided by practitioners
holding South Australia practising certificates please click here.
8. If
you have any questions please contact the Ethics and Practice Unit by phone at
(08)8229 0200 or by email.
Interstate Practitioner/Law Practice Codes (P&LCodes)
Please ensure that you have read the information and regulations regarding Interstate Legal Practitioners referred to above.
Interstate law firms and practitioners acting for parties to civil actions in the South Australian State Courts need both an L and P Code in order to access CourtSA.
Interstate law firms are issued with L Codes and interstate practitioners are issued with P Codes. Interstate legal practitioners needing access to CourtSA should ensure that they have a P Code and their law firm has an L Code. Please complete and submit a Form V for that purpose.
Incorporated Legal Practice may be eligible to participate in the Law Society of South Australia’s Professional Standards Scheme. Please speak contact the Society at pss@lawsocietysa.asn.au.
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