69Scope of practice

69 Scope of practice

69 Scope of practice

(1) This section applies to—

(a) a foreign lawyer who is practising foreign law under Division 2; or

(b) an Australian-registered foreign lawyer.

(2) The foreign lawyer may provide only the following legal services in Australia—

(a) doing work, or transacting business, concerning the law of a foreign country where the lawyer is registered or authorised by the foreign registration authority for the country;

(b) legal services (including appearances) in relation to proceedings before bodies other than courts, being proceedings 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 referred to in paragraph (a) is considered by the designated local regulatory authority to be essential;

(c) legal services in relation to arbitration proceedings or conciliation, mediation and other forms of consensual dispute resolution;

(d) legal services of a kind specified in the Uniform Rules for the purposes of this section.

(3) Nothing in this Law authorises the foreign lawyer—

(a) to practise Australian law in Australia; or

(b) to appear in any court, except on the lawyer’s own behalf or as permitted by the Uniform Rules.

(4) Despite subsection (3), the foreign lawyer may advise on the effect of an Australian law if—

(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.