By Katherine Lau -
In order to practise in a federal court or a court exercising federal jurisdiction in NSW, a legal practitioner must, in addition to having an entitlement to practise in the Supreme Court of a State or Territory, have his or her name entered in the Register of Practitioners kept at the High Court of Australia (High Court Register).[1]
The capacity in which a practitioner’s name will be entered in the High Court Register depends on the capacity in which the practitioner is entitled to practise in the Supreme Court.
Application process
Entry in the High Court Register is an administrative process that involves:
- completing and submitting an application form to the High Court Registry,
- attaching to the application a copy of your:
- Certificate of Admission to the Supreme Court, and
- current practising certificate.
Further information about the application process and requirements is available on the High Court website.
What are the consequences of failing to register?
Costs recovery
If a practitioner appearing before a federal court does not have his or her name entered in the High Court Register, they run the risk of their client not being able to recover their costs in the proceedings. In a dispute before a federal court, a party’s entitlement to recover costs for a solicitor is dependent upon that solicitor’s name appearing in the High Court Register.[2] This principle was recently reaffirmed in the matter of Natch v Stennson Pty Ltd (No 3) [2025] FCA 472(Natch).
In Natch, the costs of the work performed by the offending solicitor were reduced to an amount commensurate with what a law graduate or articled clerk would have been able to recover; approximately 65% less than what the law practice claimed.
Application for grant or renewal of practising certificate
If a solicitor has appeared before a federal court without his or her name entered in the High Court Register, the matter should be disclosed to the Law Society.
A solicitor seeking a grant or renewal of his or her practising certificate in NSW must address certain matters in the application that speaks to whether he or she is fit and proper. These matters are listed in section 13 of the Legal Profession Uniform General Rules 2015 (NSW). Subsection (p) concerns whether the applicant has contravened an Australian law relating to the legal profession.
Lessons learned
Whether as part of the recruitment or onboarding process, law practice principals and practice managers should check and ensure that all solicitors who will appear before a federal court or a court exercising federal jurisdiction in NSW have their names entered in the High Court Register.
The Law Society’s Transition from law school to legal practice sets out the steps that must be taken before a person can practise law in NSW, including appearing before federal courts.
Further guidance
The Law Society’s Professional Support Unit (PSU) is tasked with the important job of helping solicitors in NSW understand their regulatory, professional and ethical obligations in legal practice. If you would like guidance in relation to your practising entitlements or the requirements to practise law in a particular context, contact PSU’s regulatory compliance team on (02) 9926 0115 or by email at regulatory.compliance@lawsociety.com.au.
Katherine is Team Leader of the Professional Support Unit at the Law Society of NSW.
