Legal Services Board
Foreign lawyers
To become a registered foreign lawyer in Victoria, a person must apply to the Board. Registration entitles the lawyer to practise the law of their home jurisdiction in Victoria. Foreign lawyers registered interstate may also practise the law of their home jurisdiction in Victoria.
Registered foreign lawyers may only provide legal services in Victoria for work or business transactions concerning the law of the foreign country where the lawyers are registered.
Locally registered foreign lawyers are not permitted to practise Australian law.
Who can practise foreign law?
A person can only practise foreign law in Victoria only if they are:
- an Australian-registered foreign lawyer (i.e. a locally registered foreign lawyer or an interstate registered foreign lawyer); or
- an Australian legal practitioner.
This is subject to some exceptions. An overseas registered foreign lawyer may practice without registration:
- for periods that do not in aggregate exceed 90 days in any period of 12 months; or
- if subject to a restriction imposed under the Migration Act 1958 (Cth) (for example a visa restriction) that limits the period the person may undertake work or transact business in Australia;
provided that the person does not maintain an office for the purpose of practising foreign law in this jurisdiction or does not become a partner or a director of a law practice.
Application and fees
To apply for registration as a foreign lawyer, you must submit an application form to the Board (not the professional associations).
The form must be accompanied by:
- the appropriate fee. The registration certificate fee for a full year from 1 July to 30 June is $412 (for a registration certificate authorising the receipt of trust money) or $256 (for a certificate without trust authorisation).
- evidence that you are currently registered to engage in legal practice in another country.
- evidence that you have professional indemnity insurance.
- if the application is for a registration 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 attached to the application form).
For more information about applications for registration, see the notes attached to the application form and download the Foreign Lawyer Registration Policy from the Publications page.
Duration of registration
Registration as a foreign lawyer is in force from the date specified in the certificate until the end of the financial year (30 June).
If you wish to renew your registration, please complete the form above and return it to the Board by 30 April each year.
Conditions
The Board has power to impose any reasonable and relevant conditions on the registration. Conditions may also be imposed under legal profession rules.
Trust money and trust accounts
Locally registered foreign lawyers must comply with trust money and trust account requirements. The provisions of Part 3.3 of the Legal Profession Act 2004 (Vic) (“the Act”) or any legal profession rule relating to trust money and trust accounts apply to Australian-registered foreign lawyers in the same way as they apply to Australian legal practitioners. Foreign currency trust accounts are not available at this time. For more information about trust money and trust accounts, see Managing Your Clients Money.
Interstate-registered foreign lawyers
An interstate-registered foreign lawyer is entitled to practice foreign law in Victoria to substantially the same extent as he or she is entitled in the interstate jurisdiction in which he or she is registered. This is subject to any conditions imposed:
- on the registration to practise foreign law interstate;
- by the Board;
- by or under legal profession rules; and
- by the Act.
Scope and form of practice
The legal services that may be provided by an Australian-registered foreign lawyer are restricted to those set out the Act. These include:
- carrying out work or transacting business concerning the law of a foreign country where the lawyer is registered;
- legal services (including appearances) related to arbitration proceedings of a kind prescribed under the regulations or before bodies other than courts where the relevant body is not required to apply the rules of evidence and in which a knowledge of the law of the foreign lawyer’s country of origin is essential;
- legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed under the regulations.
Form of practice
Subject to any conditions attached to the foreign lawyer’s registration, an Australian-registered foreign lawyer may practise foreign law in the manner set out in s 2.8.7 of the Act.
Professional, ethical and practice standards
The practice of foreign law by an Australian-registered foreign lawyer in Victoria is subject to similar professional, ethical and practice standards to those required by an Australian legal practitioner, and may be subject to a complaint under the Act.
Marketing your practice
An Australian-registered foreign lawyer can use titles or business names as prescribed by s 2.8.9 of the Act. Only the following designations may be used (subject to any other law of this jurisdiction):
- the lawyer’s own name;
- a title or business name the lawyer is authorised by law to use in a foreign country where the lawyer is registered;
- the name of a foreign law practice with which the lawyer is affiliated or associated;
- if the lawyer is a principal of any law practice in Australia which includes both Australian-registered foreign lawyers and Australian legal practitioners, a description of the practice to include reference to both, for instance “Solicitors and locally registered foreign lawyers”.
Use of identifying documents
Under s 2.8.9-2.8.11 of the Act, an Australian-registered foreign lawyer must indicate in each public document distributed by the lawyer in their practice, the fact that the lawyer is an Australian-registered foreign lawyer and is restricted to the practice of foreign law.
Such documents may include letterhead and other marketing materials.
An example of the wording to the included in public documents is “registered foreign lawyer” or “registered foreign practitioner”; and “entitled to practice foreign law only”.
Advertising restrictions
Under s 2.8.9-2.8.11 of the Act, an Australian-registered foreign lawyer:
- must comply with any advertising restrictions imposed by the Board or by law on the practice of law by an Australian legal practitioner.
- must not advertise (or use any description on the lawyer’s letterhead or any other document used to identify the person as a lawyer) in any way which might reasonably be regarded as:
- false, misleading or deceptive; or
- suggesting that the Australian-registered foreign lawyer is an Australian legal practitioner; or
- contravenes any requirements of the regulations.
Please refer to Part 2.8 of the Act for further information about the requirements for the practice of foreign law in Victoria.