Legal Services Board
Applying for a practicing certificate
This page contains information about applying for a practising certificate. You can also view information for current local legal practitioners on Maintaining a Victorian practising certificate here.
Application process and fees
To apply for a local practising certificate you must submit an application form.
The form must be accompanied by:
- the appropriate fee. From 1 July 2008, the practising certificate fee for a full year from 1 July – 30 June will be $412 (for a practising certificate authorising the receipt of trust money) or $256 (for a certificate without trust authorisation). The fee will be pro-rated on a quarterly basis.
- if you will fall within one of the Fidelity Fund contributor classes, the required Fidelity Fund contribution.
- evidence that you have or will have professional indemnity insurance as required by the Legal Profession Act 2004 (Vic) (“the Act”).
- if the application is for a certificate that authorises the receipt of trust money, evidence that you have completed the Board approved course of study. The Board has approved the Law Institute of Victoria trust account seminar for this purpose.
- the completed statutory declaration (which is part of the application form). This is a statutory requirement.
You can also view the Board's policy regarding refunds of practising certificate fees and fidelity fund contributions from the Publications page of this website.
Dates of practising certificates
A practising certificate is valid from the date specified until the end of the financial year in which it is granted, unless sooner suspended or cancelled.
Eligibility to apply for a practising certificate
An Australian lawyer (i.e. a person admitted to the legal profession in an Australian jurisdiction) is not permitted to apply for a Victorian practising certificate unless eligible to do so. The Act sets out the circumstances in which an Australian lawyer is eligible to apply.
If you are an Australian lawyer, you are eligible to apply for a Victorian practising certificate if:
- during the currency of the certificate, you reasonably expect to be engaged in legal practice solely or principally in Victoria; or
- if this does not apply, or is not reasonably practicable to determine, your place of residence in Australia is Victoria, or you do not have a place of residence in Australia.
You are not eligible for a Victorian practising certificate if you hold or will hold a practising certificate from another Australian jurisdiction for the same year.
The Board will not grant you a local practising certificate unless it is satisfied that you are:
- eligible to apply; and
- a fit and proper person to hold the certificate.
Suitability to hold a practising certificate
In considering whether a person is a fit and proper person to hold a practising certificate, the Board may take into account a wide range of matters.
If you apply for a practising certificate or its renewal, you will be required to disclose any of these matters.
For more information about the matters the Board may take into account in considering whether a person is a fit and proper person to hold a practising certificate, download the Fit and Proper Person Policy from the Publications page.
One of the matters that may be relevant to the Board’s determination is whether a person applying for a practising certificate has a mental impairment that may result in the person not being a fit and proper person to engage in legal practice. Where the Board believes on reasonable grounds this may be the case, it may require the person to undergo a health assessment. For more information about how the Board assesses mental impairment and deals with health assessments, download the Health Assessment Policy from the Publications page.
If you apply for the grant of a practising certificate, you will also be required to disclose any “show cause events” that have occurred in relation to you, after you were first admitted to the legal profession in Victoria or another Australian jurisdiction. A “show cause event” includes becoming bankrupt or being found guilty of a serious offence or a tax offence.
If you have had a show cause event occur since you were first admitted, you are required to disclose that to the Board in your application for grant of a practising certificate, along with a statement explaining why you consider yourself to be a fit and proper person to hold a practising certificate, in spite of the show cause event.
See further information about what constitutes a show cause event.
Conditions
A local practising certificate is granted subject to such conditions as the Board determines appropriate.
The certificate will have at least the following conditions:
- a condition stating whether or not the holder is authorised to receive trust money; and
- a condition that the holder is authorised to engage in legal practice:
- as a principal of a law practice; or
- as an employee of a law practice; or
- as a volunteer at a community legal centre; or
- as a corporate legal practitioner.
A “principal” certificate authorises the holder to engage in legal practice in any of the other capacities above. A person may also engage in legal practice as a volunteer at a community legal centre on any ‘type’ of practising certificate.
The Board may also impose other conditions that are reasonable and relevant.
There may also be conditions imposed by the Act or other legislation, such as the statutory condition relating to supervised legal practice.
Once you are granted a practising certificate, you must practise within the conditions upon your practising certificate. Failure to do so will be grounds for the Board to amend, suspend or cancel the practising certificate.
Supervised legal practice
Unless you have held an Australian practising certificate before 12 December 2005, or practise solely as a barrister, any practising certificate you are granted will be subject to the condition that you engage solely in supervised legal practice, until you have completed the required period of supervision. See further information about Supervised legal practice or Seeking an exemption from supervised legal practice.