SAIn ForceAct
Legal Practitioners Act 1981
Div 3AProvisions relating to interstate legal practice
Start here
Get a plain-English read of Div 3A
Turn the raw legal text into a practical explanation grounded in Legal Practitioners Act 1981.
Division 3A—Provisions relating to interstate legal practice
23A—Interstate legal practitioners to be officers of Court
An interstate legal practitioner who practises the profession of the law in this State is an officer of the Supreme Court.
23B—Limitations or conditions on practice under laws of participating States
(1) An interstate legal practitioner must, in practising the profession of the law in this State—
(a) observe any limitations in relation to the practitioner's entitlement to practise the profession of the law that apply under the law of a State in which the practitioner is admitted as a legal practitioner; and
(b) comply with any condition in respect of his or her practice imposed by a regulatory authority in a participating State.
(2) A condition imposed on a person by a regulatory authority in this or any other participating State has no effect for the purposes of subsection (1) to the extent (if any) to which it is inconsistent with a more onerous condition imposed on the person by another regulatory authority.
(3) An interstate legal practitioner practising the profession of the law in this State must give written notice to the Supreme Court of any conditions or limitations imposed on the practitioner's interstate practising certificate—
(a) in relation to conditions or limitations imposed before the practitioner commenced practising the profession of the law in this State—within 14 days of the practitioner commencing practising the profession of the law in this State; or
(b) in relation to conditions or limitations imposed after the practitioner commenced practising the profession of the law in this State—within 28 days of the imposition of the conditions or limitations.
(4) A contravention of or non-compliance with this section is professional misconduct.
23C—Additional conditions on practice of interstate legal practitioners
(1) A regulatory authority of this State may, by notice in writing, at any time impose any condition on the practice of the profession of the law by an interstate legal practitioner in this State that it might impose by attaching a condition to the practising certificate of a local legal practitioner, as a result of disciplinary action or otherwise, and may at any time vary or revoke any such condition.
(2) A regulatory authority of this State must not impose a condition that is more onerous than it would attach to the practising certificate of a local legal practitioner in the same or similar circumstances.
23D—Notification of establishment of office required
(1) An interstate legal practitioner or Australian‑registered foreign lawyer who establishes an office in this State must, within the period after establishing the office prescribed by the regulations, give written notice to the Supreme Court.
(2) A notice under this section must contain the particulars prescribed by the regulations and be accompanied by the prescribed fee.
(3) A person giving notice to the Supreme Court under this section must furnish to the Supreme Court any evidence or information that the Supreme Court may require in relation to the practitioner's legal practice in this or any other State or jurisdiction.
(4) If an interstate legal practitioner fails to give notice, or furnish evidence or information, in accordance with this section, the Supreme Court may, on application by the Commissioner, the Attorney-General or the Society, suspend the practitioner's right to practise the profession of the law in this State until this section is complied with.
(5) The Supreme Court must give notice of a suspension imposed under subsection (4) to any regulatory authority that is authorised to seek or impose a corresponding suspension in a State in which the practitioner is admitted as a legal practitioner.
(6) The Supreme Court must cause a register to be kept of the persons who have given notice under this section.
(7) A member of the public may inspect the register kept under subsection (6).