An Australian practising certificate (PC) issued by the Council of the Law Society of New South Wales (Council) is subject to various conditions imposed by or under the Legal Profession Uniform Law (NSW) (Uniform Law) and Legal Profession Uniform General Rules 2015 (General Rules).
Practitioners should be aware of all conditions on their PC and ensure compliance with those conditions when engaging in legal practice.
PC categories
In accordance with s 47 of the Uniform Law, a PC will be issued in one of the following categories:
Principal of a law practice: The holder is authorised to engage in legal practice as a principal of a law practice* and also as an employee of a law practice, corporate legal practitioner or government legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis**.
* The holder may not engage in legal practice as a sole practitioner (in the case of a law practice constituted by the practitioner) if the holder’s practising certificate is subject to the supervision condition imposed by s 49 of the Uniform Law or a discretionary condition requiring supervision.
Employee of a law practice: The holder is authorised to engage in legal practice as an employee of a law practice, corporate legal practitioner or government legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis**.
Corporate legal practitioner: The holder is authorised to engage in legal practice as a corporate legal practitioner or government legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis**.
Government legal practitioner: The holder is authorised to engage in legal practice as a government legal practitioner or corporate legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis**.
Volunteer: The holder is authorised to engage in legal practice both as a volunteer at a community legal service and otherwise on a pro bono basis, only**.
** Discretionary conditions imposed by Council may prohibit, restrict or regulate the provision of legal services by an Australian legal practitioner at community legal services or otherwise on a pro bono basis.
Practitioners should ensure they hold a PC in the correct category, that is most appropriate to their legal practice. Be mindful that PCs in the category of principal and employee of a law practice also requires payment of the fidelity fund fee (s 225 of the Uniform Law).
Where a solicitor engages in legal practice without holding a PC in the correct category, their case may be referred to the Director, Legal Regulation for consideration, for non-compliance with a condition of a PC and potential disciplinary action (ss82(1)(d), s90 and 298 of the Uniform Law).
In addition to holding a PC in the correct category, it is also important that solicitors keep their practice details up to date, to ensure compliance with s 47 of the Uniform Law. It is a requirement under Regulation 61 of the Legal Profession Uniform Law Application Regulation 2015 that a solicitor notify the Law Society Registry (Registry) of any changes to their particulars within 7 days of those changes occurring. If the relevant change requires the solicitor to hold a PC in another category, the Registry will inform the solicitor of the required next steps (for example, payment of the fidelity fund contribution).
Solicitors can notify the Registry of any changes to their practice details by completing the change in employment details online form.
PC conditions
A legal practitioner must comply with all the conditions of their PC (s 54 of the Uniform Law), and that responsibility falls solely on the practitioner.
A PC issued by Council may be subject to the following conditions. All PCs, regardless of category, are subject to conditions 1 and either 5a or 5b.
| Condition 1 – Continuing Professional Development (CPD) Uniform Law s 52 and CPD Rules |
The holder must comply with continuing professional development requirements of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 (CPD Rules) |
| Condition 2 – Supervised Legal Practice (SLP) Uniform Law s 49 |
The holder must, in this jurisdiction, engage in supervised legal practice only, until the holder has completed the period of supervised legal practice required. |
| Condition 3 – Practice Management Course (PMC) (Discretionary Condition) Uniform Law s 53 and General Rules r 16(b)(ii) | The holder must complete a Practice Management Course before being eligible to be a principal of a law practice. |
| Condition 4 – Discretionary Condition Uniform Law s 53 and General Rules r 16) |
The holder must comply with any discretionary condition imposed by Council. |
| Condition 5a – Trust Money Uniform law s 47(2) |
The holder is authorised to receive trust money on behalf of a law practice. |
| Condition 5b – Trust Money Uniform law s 47(2) |
The holder is not authorised to receive trust money on his or her own account. |
| Condition 6 – Admission Condition Uniform Law s 48(1) |
The holder must not contravene a condition imposed on their admission. |
It is also a statutory condition of all PCs, pursuant to s 51 of the Uniform Law, to notify the Law Society in writing within 7 days of any of the following:
- you have been charged with or convicted of a serious offence, a tax offence or an offence specified in the Uniform Rules
- a bankruptcy-related event
- you have become subject of disciplinary proceedings as a lawyer in a foreign country.
Further information and relevant forms regarding offences and show cause events can be found on our website.
Practitioners can download a copy of their PCs via LawID to view the conditions on their PC.
Further information regarding PC categories and conditions can be found on the Law Society’s website.
