Foreign Lawyers - Schedule 1A

A person can only practise foreign law in South Australia if they are an Australian-registered foreign lawyer or an Australian legal practitioner unless the following applies:

• The person is an overseas-registered foreign lawyer who:
  • practises foreign law in SA for 1 or more periods that do not in aggregate exceed 90 days in any period of 12 months; or
  • is subject to a restriction imposed under the Migration Act 1958 that has the effect of limiting the period during which work may be done, or business transacted, in Australia by the person; and
• who:
  • does not maintain an office for the purpose of practising foreign law in SA; or
  • is not a partner or director of a law practice.

An Australian-registered foreign lawyer may provide only the following legal services in SA:

• Doing work, or transacting business, concerning the law of a foreign country where the lawyer is registered by the foreign registration authority for the country;
• Legal services (including appearances) in relation to arbitration proceedings of a kind prescribed by the regulations;
• Legal services (including appearances) in relation to proceedings before bodies other than courts, being proceedings in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign law of a country referred to in paragraph (a) is essential;
• legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed by the regulations.

An Australian-registered foreign lawyer is not permitted to appear in any court (except on the lawyer's own behalf) or to practise Australian law in SA.

An Australian-registered foreign lawyer may advise on the effect of an Australian law only if the giving of advice on Australian law is necessarily incidental to the practice of foreign law and the advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer.

An Australian-registered foreign lawyer may (subject to any conditions attaching to the foreign lawyer's registration) practise foreign law:

• on their own account; or
• in partnership with 1 or more Australian-registered foreign lawyers or 1 or more Australian legal practitioners, or both, in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the partnership would be permitted under a law of this jurisdiction; or
• as a director or employee of an incorporated legal practice; or
• as an employee of an Australian legal practitioner or law firm in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the employment would be permitted under a law of this jurisdiction; or
• as an employee of an Australian-registered foreign lawyer.

An Australian-registered foreign lawyer must not engage in any conduct in practising foreign law that would, if the conduct were engaged in by an Australian legal practitioner in practising Australian law in this jurisdiction, be capable of constituting professional misconduct or unsatisfactory professional conduct.

The provisions of Schedule 2, and any other provisions of the Act, the regulations or any legal profession rule relating to requirements for trust money and trust accounts, apply to Australian-registered foreign lawyers in the same way as they apply to Australian legal practitioners.

An Australian-registered foreign lawyer must, at all times while practising foreign law in this jurisdiction, comply with 1 of the following:

• have professional indemnity insurance that conforms with the requirements for professional indemnity insurance applicable for SA legal practitioners; or
• have professional indemnity insurance that covers the practise of foreign law in this jurisdiction and that complies with the relevant requirements of a foreign law or foreign registration authority; and
• if the insurance is for less than $1.5 million per claim (inclusive of defence costs)—must provide a disclosure statement to each client disclosing the level of cover.

To apply for registration as an Australian-registered foreign lawyer in SA you will need to complete and submit a Form W - Application for Foreign Lawyer Registration along with any additional documents specified.

On receipt of a properly executed application the Society will issue an invoice for payment of the following:

Prescribed fee:               $546

Administration levy:        $150

Total:                               $696

We will start processing your application when we receive payment of the invoice in full. You should allow at least 1 month for the Society to process and determine your application. This time frame may be extended if further information is required.

If your application is approved you will be issued with a Foreign Lawyer Registration Certificate and will be entered on the South Australian Foreign Lawyer Register. If your application is refused, or the Society decides to impose conditions on your registration, you will be provided with reasons for the decision as soon as reasonably practicable.

The Foreign Lawyer Registration Certificate is valid until the end of the financial year in which it is issued. If you want to renew your Certificate you will need to contact the Society at least 4 weeks before the expiry of your current certificate.

The application form refers to various types of supporting documentation that are required. Please note the following in relation to that documentation:

• All supporting third party documents must be certified copies.
• Documents certifying foreign legal educational qualifications must reference the name of the institution, the type of qualification, date of conferral and include confirmation that the qualification satisfies the educational requirements for admission to practice in the foreign jurisdiction concerned.
• Documents certifying foreign legal professional qualifications (admission) must reference the foreign jurisdiction involved, the date of admission or registration, any conditions or restrictions that apply, and the name of the certifying entity.
• Documents certifying current foreign legal profession registration (e.g. practising certificate) must reference the foreign jurisdiction involved, the commencement and expiry dates, any conditions or restrictions that apply, and the name of the certifying entity.
• A certificate of Fitness/Good Standing must be provided for every foreign and Australian jurisdiction in which the applicant has engaged in legal practice.

If you have any questions please send an email to PCandPIIrenewals@lawsocietysa.asn.au.