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The Legal Profession Uniform Law (NSW) (Uniform Law) enables solicitors who are qualified and licensed to practise law in an Australian jurisdiction other than NSW to engage in legal practice in NSW.

Depending on the practising circumstances of the interstate solicitor, notification to the Law Society of NSW may be required. This article sets out the circumstances in which an interstate solicitor must notify the Law Society of legal practice in NSW and the forms of notification relevant to each.

Relocating to NSW

An Australian lawyer who reasonably intends that NSW will be their principal place of practice, must notify the Law Society of NSW of that intention.[1] This must be done:

  • on application for the grant or renewal of an Australian practising certificate (PC) in NSW;[2] and
  • within 14 days after the lawyer’s principal place of practice changes, if that change coincides with the move to NSW from another jurisdiction of the permanent office in or through which the lawyer engages in legal practice.[3]

For any solicitor who holds a current Australian PC issued in a jurisdiction that is not NSW, you are entitled to rely on that PC to engage in legal practice in NSW until the time for renewal (30 June).[4]

Prior to the expiration of the interstate PC, ensure that you apply to the Law Society for a PC issued in NSW so that you can continue to practise law without disruption. The relevant application form is available todownload from the Law Society’s Forms Directory.

Opening a branch office in NSW

If you operate an interstate incorporated legal practice (ILP) or unincorporated legal practice (ULP) and you intend to open a branch office in NSW, you need to provide the Law Society with at least 14 days prior written notice in the approved form.[5] These are available to download from our website.

Regardless of the structure of the law practice, if the practice employs a NSW legal practitioner and it does not have any NSW principals, these circumstances must be notified to the Law Society to ensure that there is appropriate supervision and professional indemnity insurance in place for the NSW practitioner and the law practice. The relevant form is available to download here.

ILP or ULP running a matter in NSW

Irrespective of whether an ILP or ULP has any intention of establishing a permanent office in NSW, if at any point in time it intends to engage in legal practice in NSW, it must provide the Law Society with at least 14 days prior written notice in the approved form.[6]

For example, if an ILP or ULP appears before a court in NSW or assists in a conveyance of NSW property, under these circumstances, the legal practice must ensure that notice is provided to the Law Society prior to engaging in legal practice. Failure to provide the appropriate notice is a civil penalty under s 104 of the Uniform Law, with a maximum of 50 penalty units that can be applied.

 

“Failure to provide the appropriate notice of cessation of legal practice is also a civil penalty under s 104 of the Uniform Law, with a maximum of 50 penalty units that can be applied.”

ILP or ULP ceasing practice in NSW

Whether an ILP or ULP is closing a NSW branch office or has completed or terminated a matter in NSW, it must give the Law Society written notice in the approved form within 14 days after it ceases to engage in legal practice in NSW. The approved forms are available to download from our website.

As with the requirement to notify the commencement of legal practice, failure to provide the appropriate notice of cessation of legal practice is also a civil penalty under s 104 of the Uniform Law, with a maximum of 50 penalty units that can be applied.

Trust accounting

If an interstate solicitor is authorised to withdraw money from a NSW Trust Account, this must be notified to the Law Society’s Trust Accounts Department in July each year in accordance with rule 50(2) of the Legal Profession Uniform General Rules 2015. The relevant notification form is available to download here.

Professional indemnity insurance

An Australian legal practitioner must not engage in legal practice in this jurisdiction unless the practitioner holds or is covered by an approved insurance policy for NSW and the policy covers that legal practice.[7]Similarly, an ILP must not engage in legal practice in NSW unless the ILP itself holds an approved insurance policy for NSW and the policy covers the legal practice in which it is engaged.[8]

The approved provider of professional indemnity insurance (PII) in NSW is Lawcover; however, under s 215 of the Uniform Law, a legal practitioner and ILP may be exempted from holding or being covered by an approved PII policy if the practitioner or ILP maintains a permanent office in NSW and at least one other jurisdiction in Australia and is covered by an approved PII policy for the other jurisdiction(s).

Prior to engaging in legal practice in NSW, contact your PII provider to confirm whether your policy covers legal practice conducted in NSW.

Further information and guidance

The Law Society’s Professional Support Unit provides free and confidential guidance to legal practitioners on their regulatory, professional and ethical obligations in legal practice.

If you are an interstate practitioner intending to engage in legal practice in NSW and are unsure about your regulatory obligations under the Uniform Law, contact PSU’s regulatory compliance line on (02) 9926 0015 or send an email to regulatory.compliance@lawsociety.com.au.

Katherine is Team Leader of the Law Society’s Professional Support Unit.

Endnotes

[1] Legal Profession Uniform Law (NSW), s 46(1).
[2] Ibid, s 46(1)(a).
[3] Ibid, s 46(1)(b).
[4] Ibid, s 46 (for solicitors from participating jurisdictions) & Clause 5, Part 2 of Schedule 3 (for solicitors from non-participating jurisdictions).
[5] Ibid, s 104.
[6] Ibid.
[7] Ibid, s 211.
[8] Ibid, s 212.