Just like failing to renew a driver’s licence will mean that a person can’t drive a car until they have a valid driver’s licence, failure to lodge a renewal application for a practising certificate before 30 June will mean that a solicitor cannot engage in legal practice until they are granted a new practising certificate.
To engage in legal practice in NSW and in other jurisdictions, a solicitor must hold a current practising certificate. It is therefore important that a solicitor renews their practising certificate and pay the associated fees before the end of the practice year (30 June).
Solicitors with current practising certificates will receive an email reminder from the Law Society of NSW in or around April each year, informing them that the renewal period has commenced. All applications to renew a practising certificate must be submitted by 15 May, and the Law Society cannot accept any applications for renewal submitted after 30 June.
Before commencing legal practice at the beginning of each practice year (1 July), you should satisfy yourself that you have been issued with a practising certificate for that year.
If you submit an application to renew your practising certificate and pay in full all associated fees prior to 1 July, but do not receive a practising certificate by that date, you can rely on your previous practising certificate as entitlement to practise law until the earlier of the following:
- The Law Society of NSW renews or refuses to renew the certificate, or
- the solicitor withdraws their application for renewal,
unless the practising certificate is earlier suspended, cancelled or surrendered (the “rollover provisions”).[1]
Why is it important to renew your practising certificate before 30 June?
Just like failing to renew a driver’s licence will mean that a person can’t drive a car until they have a valid driver’s licence, failure to lodge a renewal application for a practising certificate before 30 June will mean that a solicitor cannot engage in legal practice until they are granted a new practising certificate.
If you miss the 30 June cut-off date, an application for the grant of a practising certificate will need to be lodged. This may take some time to consider, and during that period, you will not be entitled to engage in legal practice, as the rollover provisions will not apply. In some cases, a manager may need to be appointed by the Council of the Law Society of NSW to take over a practice where there is only one principal and that principal has failed to renew their practising certificate on time.
Further, there can be serious consequences if a solicitor consistently fails to renew their practising certificate before 30 June each year. If you continue to engage in legal practice after your practising certificate has expired, then you will be in breach of s 10 of the Legal Profession Uniform Law (Uniform Law), which may attract penalties up to 250 penalty units or imprisonment for 2 years, or both. It is also conduct that is capable of being unsatisfactory professional conduct or professional misconduct under the Uniform Law.
In Council of the New South Wales Bar Association v Rollinson,[2] the defendant failed to complete the renewal process for his practising certificate by the end of the practice year. When he submitted his renewal application, he failed to pay the full and necessary fees, and his practising certificate lapsed on 30 June 2021. The court found that the defendant had undertaken work as a barrister without a current practising certificate. Importantly, the court noted:
The Uniform Law plainly has, as an objective, to ensure that in the interests of the administration of justice legal work is carried out only by those persons who are properly qualified to do so, and to protect clients of legal practices by ensuring that persons carrying out legal work are entitled to do so. There are really two legs to that, “properly qualified” and “entitled to practice”. A person can be properly qualified to practise by appropriate qualifications and experience but still not be entitled to practise because of the failure to obtain a current practising certificate.
Those restrictions are necessary not just to ensure that the administration of justice is protected but also to protect those who seek the advice of members of the profession. Without a practising certificate, for which all fees have been paid, a person is not a qualified entity. If a person is not a qualified entity, then recourse from any aggrieved client could not be had to appropriate insurance schemes, and that is part of the reason why a person must not just be qualified but also entitled to practise through the issue of a current practising certificate.[3]
Helpful tips
Legal practice can get busy, so don’t leave it to the last minute to renew your practising certificate! The Law Society of NSW encourages you to:
- Let us know as soon as possible and within 7 days if your email address changes. We use email communication to remind you to renew your practising certificate, so it’s important you update your contact details with us. Notify us of changes to your contact details by submitting a Change in personal details form, available in our Forms Directory.
- Have a system set up to remind you to apply – put a reminder in your diary and outlook calendar. If you add an outlook reminder, make it a reoccurring reminder for each year.
- Check your spam folder for reminders from the Law Society of NSW about renewing your practising certificate.
- Make sure you comply with your continuing professional development requirements by 31 March.
- Principals should also check that current and new employees have been issued a practising certificate before they commence or continue in their role.
If you have any questions, we are here to help
Contact the Registry team at registry@lawsociety.com.au or call +61 2 9926 0333.
For more information, please refer to the Law Society’s ‘Forms Directory’ or ‘Applying for a Practising Certificate’ webpages.
