Legal Services Board
Practising in Victoria
Who can obtain a Victorian practising certificate?
An Australian lawyer, i.e. a person admitted to the legal profession in an Australian jurisdiction, may be eligible to apply for a practising certificate. See Applying for a Victorian practising certificate.
Who can practise?
Except in certain specified circumstances, a person must not engage in legal practice in Victoria unless they are an Australian legal practitioner, i.e. the holder of a local or interstate practising certificate.
This requirement does not apply to:
- a person acting in the course of their employment with the Crown or a public authority;
- a person who prepares an AWA or certified agreement on behalf of a party or proposed party to the agreement;
- a person who appears in a court or tribunal by leave of the court;
- an Australian-registered foreign lawyer who practises foreign law;
- incorporated legal practices or community legal centres that engage in practice in accordance with the Legal Profession Act 2004 (Vic) (“the Act”); or
- in other circumstances authorised by Victorian or Commonwealth legislation.
In all other circumstances, practising in Victoria without a local or interstate practising certificate is an offence carrying a maximum penalty of two years’ imprisonment.
Prohibited titles
It is also an offence for a person in these circumstances to represent or advertise that they are entitled to engage in legal practice in Victoria. This is an offence carrying a heavy penalty.
The Legal Profession Regulations 2005 (the regulations) specify the kinds of persons who are entitled to use certain names and titles. The following titles should not be used by persons who are not entitled as specified in the regulations: legal practitioner, solicitor, barrister, attorney, counsel, Queen’s Counsel, King’s Counsel, Her Majesty’s Counsel, His Majesty’s Counsel, Senior Counsel. Use of these titles will give rise to a rebuttable presumption that the person has represented they are entitled to engage in legal practice. See the regulations for further information as to who may use these titles.
Other requirements
Practitioners are also required to
- Maintain appropriate professional indemnity insurance
- Contribute to the Fidelity Fund if required to do so
- Comply with the Act, its regulations and any applicable legal profession rules.