Interstate Legal Practitioners

The Legal Practitioners Act 1981 (Act) provides the following definition of “interstate legal practitioner”:

interstate legal practitioner means a natural person—

  1. who has been admitted as a legal practitioner in a participating State; and
  2. 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
  3. who is not a local legal practitioner; and
  4. whose principal place of legal practice is not this State.

The Act provides that interstate legal practitioners can provide legal services in South Australia. See section 21(1) which states as follows:

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—

  1. is a local legal practitioner; or
  2. is an interstate legal practitioner.

Maximum penalty: $50 000.

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. Please click here for more information.

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):

  1. An interstate legal practitioner is an officer of the Supreme Court when practising in South Australia (section 23A).
  2. 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).
  3. South Australian regulatory authorities may impose conditions or limitations on an interstate legal practitioner’s ability to practise in South Australia (section 23C).
  4. 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. An interstate incorporated legal practice that provides legal services in South Australia through practitioners holding interstate practising certificates must provide written notice to the Supreme Court pursuant to clause 4 of Schedule 1.

Establishing an Office in South Australia as an Interstate Law Practice

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 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 $32.50 if an Incorporated Legal Practice.

Providing Legal Services in South Australia as an Interstate Practitioner / Law Practice

Interstate legal practices that do not wish to establish an office in South Australia but will be providing legal services in South Australia through practitioners holding interstate practising certificates must also provide notice in accordance with Clause 4 of Schedule 1 of the Act by completing and submitting a Form U and paying the prescribed fee of $32.50 if an Incorporated Legal Practice.

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 & L Codes)

An interstate legal practitioner who engages in legal practice in South Australia via any recognised law practice under the Act (see s.5) must give written notice of any conditions or limitations imposed on the practitioner’s interstate practising certificate (s.23B).

For all new L & P code requests please complete and return a Form U to [email protected].

If the Law Practice already has an L Code but an additional interstate practitioner requires a P Code please email to [email protected]:

  • The law practice’s L Code
  • Certified Copy of practitioner’s Practising Certificate (see S.23B of Legal Practitioners Act 1981)
  • Practitioner’s email address

If an interstate practitioner has a P Code but needs to link this to a different L Code, please email to [email protected].

  • The law practice’s L Code
  • Certified Copy of practitioner’s Practising Certificate
  • Practitioner’s email address

We will respond to all L and P code requests within 3 business days.

Please note: Once the application has been processed it can take up to 5 business days for the L and P Code to become active with Court SA. If you require urgent access, please contact Court SA directly.

Further enquiries

Contact Ethics and Practices via email [email protected]

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