Australia - South Australia International Trade in Legal Services
Australia - South Australia International Trade in Legal Services
HOME COUNTRY LICENSING QUESTIONS
| Is there legislation governing the legal sector | Legal Practitioners Act 1981: http://www.austlii.edu.au/au/legis/sa/consol_act/lpa1981207/ |
| Under what title do lawyers practise? |
Barrister, Solicitor, Legal Practitioner, lawyer. |
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How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed? |
See information for Australia
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Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits |
See information for Australia
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| Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction? |
Appearing in court or advising on the law of South Australia. |
| Do you need to hold local nationality to be eligible to practise law? |
No |
| What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation) |
Sole practitioner, partnerships, incorporated legal practices, multi-disciplinary partnerships |
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What other ethical or regulatory requirements must a licensed lawyer comply with? |
Australian Solicitors Conduct Rules: http://www.lawsocietysa.asn.au/PDF/Prof_Australian_Solicitors_Conduct_Rules.pdf |
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Do law firms need to receive a "license" (or permission/approval) to practice law? |
Not Applicable. |
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Which authority issues licences? Are there different authorities for individuals and firms? |
The Law Society of South Australia:
http://www.lawsocietysa.asn.au |
GENERAL TRADE IN LEGAL SERVICES QUESTIONS
| Is the jurisdiction a member of the WTO? | See information for Australia |
| Has it made any commitments under GATS in legal services? | See information for Australia |
| Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries? |
See information for Australia |
| Do these currently include legal services or are there plans to include them in future? |
See information for Australia |
| Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements? |
See information for Australia |
| Are there any 'foreign law' firms present in this jurisdiction? |
See information for Australia |
INDIVIDUAL FOREIGN LAWYERS
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Are there any explicit rules or restrictions other than visas on fly in fly out practice of law? Ie. Do you need to obtain a licence for temporary practice? |
See information for Australia |
| Can a foreign lawyer obtain a visa to visit clients or to market but not to practice? |
See information for Australia |
| Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence? |
The relevant legislation is the Legal Practitioners Act 1981 (SA). In South Australia there is no specific requirement to register as a foreign lawyer, but a foreign lawyer is permitted to provide legal services in foreign law. |
| Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement) |
N/A |
| Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice) |
N/A |
| Are foreign lawyers permitted to undertake arbitration and mediation? | Yes |
| Are foreign lawyers allowed to appear in court under any circumstances? | Legislation prohibits an Australian-registered foreign lawyer from appearing in any court (except on his or her own behalf) |
| Can foreign lawyers requalify as local lawyers? | See information for Australia |
FOREIGN LAW FIRMS
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Can a foreign law firm obtain a licence to open an office? |
Foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law |
| Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc) |
Not permitted in South Australia |
| Are there different types of foreign law firm 'licence' (e.g. Joint Law Venture, stand alone foreign licence etc) | Not applicable |
| Is there a quota on the number of licences available? | Not applicable |
| Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have? | Not applicable |
| Are there "scope of practice" rules that apply directly to foreign law firms (as opposed to lawyers themselves)? (e.g. home, host, international law), if so, what are they? |
Not applicable |
| Are there restrictions on the corporate form a foreign law firm can take? | Not applicable |
| Are there rules about the name a foreign law firm can take? | Not applicable |
| What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL | Not applicable |
EMPLOYMENT AND PARTNERSHIP
| Are there restrictions on the ownership share of foreign lawyers in a law firm? | See information for Australia |
| May a domestic lawyer be employed by a foreign lawyer or law firm? | No |
| Can a domestic lawyer enter into partnership with a foreign lawyer? | No |
| Can a domestic lawyer or domestic law firm employ a foreign lawyer? | Yes |
OTHER USEFUL LINKS/SOURCES
| Other useful sources or comments or links |
Law Society of SA: http://www.lawsocietysa.asn.au/ |
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Verified by |
Law Council of Australia (November 2013) www.lawcouncil.asn.au |