20Conditional admission of foreign lawyers

20 Conditional admission of foreign lawyers

20 Conditional admission of foreign lawyers

(1) The designated local regulatory authority may recommend in a compliance certificate in respect of a foreign lawyer that the foreign lawyer be admitted subject to conditions of one or more of the following kinds—

(a) a condition limiting the period of the foreign lawyer’s admission;

(b) a condition requiring the foreign lawyer to undertake particular academic or practical legal training or both;

(c) a condition requiring the foreign lawyer to engage in supervised legal practice;

(d) a condition limiting the area of law in which the foreign lawyer may engage in legal practice;

(e) a condition otherwise restricting the foreign lawyer’s practising entitlements.

(2) The admission of a foreign lawyer is subject to the conditions (if any) recommended by the designated local regulatory authority in the compliance certificate.

(3) The Supreme Court may, after the admission of a foreign lawyer, vary or revoke a condition to which the foreign lawyer’s admission by the Court is subject. The designated local regulatory authority may make recommendations about the variation or revocation of a condition, and the Court must consider any recommendations made by the designated local regulatory authority in deciding on the variation or revocation of the condition.

(4) Without limiting the grounds on which a person’s name may be removed from the Supreme Court roll, the Supreme Court may order the removal of a person’s name from the Supreme Court roll for a contravention of a condition.

(5) Without limiting subsection (4), a contravention of a condition is capable of constituting unsatisfactory professional conduct or professional misconduct.

Note

Section 48(1) provides that it is a statutory condition of an Australian practising certificate granted in this jurisdiction that the holder must not contravene a condition that was imposed on the admission of the person to the Australian legal profession and that is still in force.

(6) Nothing in this section is intended to interfere with the inherent jurisdiction of the Supreme Court to refuse admission.