Mutual Recognition of Interstate or New Zealand Admission

Important information

You are not permitted to practice in SA on an interstate practising certificate (PC). Section 21(1) of the Legal Practitioners Act 1981 provides that one cannot practise in SA unless one holds an SA PC (or falls within the definition of “interstate practitioner”).

There are some exceptions to this which include Commonwealth employees who are exempted from compliance with State PC requirements by statute.

If you do not hold a current interstate/NZ practising certificate at the time you make this application, you will only be eligible to hold a Category C – Employee restricted practising certificate.

Process

Pursuant to the Mutual Recognition (South Australia) Act 1993 and the Trans-Tasman Mutual Recognition Act 1997 (Cth), practitioners who have been admitted to practice interstate or in New Zealand can apply to the Supreme Court of South Australia for recognition of their right to practice in the other jurisdiction/s and admission to the Supreme Court of South Australia.

The Uniform Civil Rules 2020 r258.3 provides that applications under the Mutual Recognition Legislation must be instituted by filing an Originating Application in accordance with rule 82.1 (Form 7B), and a supporting statutory declaration (Form 13A).

Mandatory exhibits to the Form 7B are as follows:

  • A certified copy of an instrument or instruments evidencing the applicant’s existing registration in the first jurisdiction (Admission certificate from your first admission state).
  • A certified copy of a certificate of fitness or good standing in the applicant’s first jurisdiction and any other jurisdiction in which the applicant is admitted or is registered under the Mutual Recognition Act (Cth)/Trans-Tasman Recognition Act 1997 (Cth). (Applicants who are admitted as a barrister in New South Wales and/or Queensland must also provide a certificate of fitness from the NSW Bar Council or the Bar Association of QLD).
  • A certified copy of a driver’s licence, passport or birth certificate as evidence of identity.

If you hold a current practising certificate interstate and are seeking recognition of this then please ensure you exhibit a certified copy of it.

Prior to filing the requisite documents, it is recommended that you submit your application for pre-assessment, unwitnessed to admissions@lawsocietysa.asn.au. We can then work with you to ensure your application is correct.

Once your application is correct, the Society will direct you to file it with Court SA. Upon which a copy will be provided to the Society for referral to the Board of Examiners. The outcome will be communicated to you within 5 business days after the meeting.

Frequently Asked Questions

I need my Certificate of Registration

If you were registered in South Australia via Mutual Recognition, then we can provide you with a copy of your Registration Report. Admission Certificates are not issued for this purpose. If your registration report is insufficient, then you can contact the Supreme Court Civil Registry for further assistance.

How long do I have to sign the roll after I am granted registration in South Australia?

You have 12 months from the order for admission to sign the roll before the order lapses. If the order lapses, then you will need to make a fresh application to the Board of Examiners.

How do I apply for a practising certificate?

Please see our practising certificates page for further information.

How does supervised practice work if I’m given a restricted certificate?

Please see our practising certificates page for further information.

I can’t attend the Supreme Court in person to sign the roll

If you are unable to attend the Supreme Court to sign the roll in person, then you will need to contact the Supreme Court registry to organise to sign the roll in absentia.

How do I apply to have the supervised practise restriction removed/reviewed?

If you did not hold an interstate practising certificate when you applied for Mutual Recognition, but your last practising certificate was an unrestricted practising certificate interstate, then you can make an application requesting to have the restriction lifted on that basis.

To apply for the lifting of the supervised practice restriction on the basis that you have previously held an interstate/NZ unrestricted practising certificate, please contact admissions@lawsocietysa.asn.au to discuss further.

It is important to bear in mind that the Board may not approve the application depending on how long ago you held an unrestricted practising certificate.