QLDIn ForceAct
Legal Profession Act 2007
sec.167Scope of practice
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### sec.167 Scope of practice
An Australian-registered foreign lawyer may provide only the following legal services in this jurisdiction—
doing work, or transacting business, concerning the law of a foreign country if the lawyer is registered by the foreign registration authority for the country;
legal services, including appearances, in relation to an arbitration proceeding of a kind prescribed under a regulation;
legal services, including appearances, in relation to a proceeding before a body other than a court, being a proceeding in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign law of a country mentioned in paragraph (a) is essential;
legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed under a regulation.
Nothing in this part authorises an Australian-registered foreign lawyer to appear in any court, except on the lawyer’s own behalf, or to practise Australian law in this jurisdiction.
Despite subsection (2) , an Australian-registered foreign lawyer may advise on the effect of an Australian law if—
the giving of advice on Australian law is necessarily incidental to the practice of foreign law; and
the advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer.
(sec.167-ssec.1) An Australian-registered foreign lawyer may provide only the following legal services in this jurisdiction— doing work, or transacting business, concerning the law of a foreign country if the lawyer is registered by the foreign registration authority for the country; legal services, including appearances, in relation to an arbitration proceeding of a kind prescribed under a regulation; legal services, including appearances, in relation to a proceeding before a body other than a court, being a proceeding in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign law of a country mentioned in paragraph (a) is essential; legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed under a regulation.
(sec.167-ssec.2) Nothing in this part authorises an Australian-registered foreign lawyer to appear in any court, except on the lawyer’s own behalf, or to practise Australian law in this jurisdiction.
(sec.167-ssec.3) Despite subsection (2) , an Australian-registered foreign lawyer may advise on the effect of an Australian law if— the giving of advice on Australian law is necessarily incidental to the practice of foreign law; and the advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer.
- (a) doing work, or transacting business, concerning the law of a foreign country if the lawyer is registered by the foreign registration authority for the country;
- (b) legal services, including appearances, in relation to an arbitration proceeding of a kind prescribed under a regulation;
- (c) legal services, including appearances, in relation to a proceeding before a body other than a court, being a proceeding in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign law of a country mentioned in paragraph (a) is essential;
- (d) legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed under a regulation.
- (a) the giving of advice on Australian law is necessarily incidental to the practice of foreign law; and
- (b) the advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer.