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Australia - Tasmania International Trade in Legal Services
Australia - Tasmania International Trade in Legal Services
HOME COUNTRY LICENSING QUESTIONS
| Is there legislation governing the legal sector |
Legal Profession Act 2007: http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=24%2B%2B2007%2BAT%40EN%2B20090113120000;histon=;prompt=;rec=;term |
| 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 Tasmina. |
| 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? |
Rules of Practice 1994: http://www.thelaw.tas.gov.au/tocview/content.w3p;cond=;
doc_id=+229+1994+AT@EN+20050901000000;histon=N;prompt=;rec=0;term |
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Do law firms need to receive a "license" (or permission/approval) to practice law? |
The Law Society of Tasmania must be informed of a firm’s intention to practise law. |
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Which authority issues licences? Are there different authorities for individuals and firms? |
The Law Society of Tasmania:
http://www.taslawsociety.asn.au/web/en/lawsociety.html |
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? |
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (i.e. become a foreign legal consultant). |
| Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement) |
Once a licence has been granted, there are ongoing requirements: the licence holder must not hold a license to practise foreign law in any other state or territory, must notify the Law Society as soon as practicable every time practice details change and must notify the Law Society within 7 days if they are charged with a serious offence. |
| Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice) |
The requirements that must be met to qualify for a limited licence are set out in sections Part 2.6 of the Legal Profession Act |
| Are foreign lawyers permitted to undertake arbitration and mediation? | Yes |
| Are foreign lawyers allowed to appear in court under any circumstances? | Yes. Under limited circumstances. See information for Australia. |
| Can foreign lawyers requalify as local lawyers? | Yes - 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) |
See information for Australia |
| Are there different types of foreign law firm 'licence' (e.g. Joint Law Venture, stand alone foreign licence etc) | No |
| Is there a quota on the number of licences available? | No |
| Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have? | No |
| 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? |
Foreign firms may offer advisory services in foreign and international law. |
| 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? |
There are specific rules in relation to use of names by lawyers or law firms. Foreign lawyers and firms are treated differently from local lawyers in the application of these rules. |
| What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL | There is no explicit foreign law firm licensing regime which regulates these arrangements. |
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? | Yes |
| Can a domestic lawyer enter into partnership with a foreign lawyer? | Yes |
| 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 Tasmania: http://www.taslawsociety.asn.au/ |
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Verified by |
Law Council of Australia (November 2013) www.lawcouncil.asn.au |