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Legal Profession Regulation 2007
8Presumptions about taking or using certain names, titles
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8 Presumptions about taking or using certain names, titles
or descriptions—Act, s 18 (2)
(1) The kind of person mentioned in an item in table 8, column 3 is
entitled, in the circumstances mentioned in column 4 of the item to
take or use a name, title or description mentioned in column 2 of the
item.
Australian law means a law of the Commonwealth or a State or
Territory.
employee, of an entity, means a person who is employed or engaged
under a contract of service or contract for services in or by the entity,
whether or not—
(a) the person works full-time, part-time, or on a temporary or
casual basis; or
(b) the person is employed as a law clerk.
Table 8
item
1 lawyer Australian lawyer all (no restriction)
2 lawyer Australian-
registered foreign
lawyer
3 legal
Australian legal
4 legal
legal practice as an
employee of a
5 • barrister
and
solicitor
and
barrister
• attorney
Australian legal
when the Australian
legal practitioner holds
certificate and engages
in legal practice in the
manner of a solicitor
item
6 • barrister
and
solicitor
and
barrister
• attorney
legal practice in the
manner of a solicitor as
an employee of a
7 barrister local legal
when the local legal
practitioner holds a local
practising certificate that
restricts the practitioner
to legal practice in the
manner of a barrister
8 barrister interstate legal
when the interstate legal
practitioner holds an
certificate and engages
in legal practice in the
manner of a barrister
item
9 barrister Australian lawyer when the Australian
legal practice in the
manner of a barrister as
an employee of a
10 counsel Australian legal
11 counsel Australian lawyer when the Australian
legal practice as an
employee of a
item
12 counsel Australian lawyer when the Australian
certificate, provides legal
services to their
employer, or to a related
entity, in the ordinary
course of their
employment and for no
fee, gain or reward other
than their ordinary
remuneration as an
employee