Where in the world is my ‘principal place of practice’?

In NSW, this requirement is set out in section 44(4) of the Legal Profession Uniform Law (NSW) (Uniform Law). ^[1]

‘Principal place of practice’ is not defined under the Uniform Law and associated Rules and Regulations. With an increasing number of legal practitioners working remotely and providing legal services from virtual law practices, figuring out where a solicitor principally practises law is becoming less and less clear cut.

This guide is intended to help lawyers distill the concept ‘principal place of practice’. Below is a discussion of factors to consider when determining where to apply for a practising certificate.

Location of your legal practice

For many solicitors, the location where they principally practise law is the location where they are physically situated. For example, a solicitor who resides in Sydney and is employed by a law practice that provides legal services out of offices in Sydney. In this case, it is clear that the solicitor’s principal place of practice is in NSW.

However, this may not be the case for some solicitors who, for example, live in Sydney but are employed by a law practice that is registered in Victoria and provides legal services out of offices in Melbourne.

While the physical location of where a lawyer primarily engages or intends to engage in legal practice is relevant, in some cases, it needs to be weighed up with other factors listed below.

Overseas practice

The last edition of the Ethics and Standards Quarterly included an article about overseas practice – I’m heading overseas for work. Do I need an Australian practising certificate.

For solicitors who practise, or intend to practise, exclusively overseas, you can apply for an Australian practising certificate pursuant to section 44(5) of the Uniform Law and rule 18 of the Legal Profession Uniform General Rules 2015.

In the case of a solicitor who practises both within and outside Australia, the application should be made by reference to their practice in Australia. The solicitor’s overseas practice is to be disregarded (even if it forms the principal portion of the person’s overall practice), so that eligibility is determined by reference to the person’s practice in Australia.

The offices of your employer

Where the office of a solicitor’s employer is in a different state or territory to the one where the solicitor resides, it should be taken into account when assessing the solicitor’s principal place of practice.

Where you see your clients and other solicitors

While modern communication technology allows many solicitors to attend conferences with clients and other solicitors from the comfort of their homes, this may not be true for all solicitors. If your legal practice requires travelling to different locations to see clients and other solicitors, these locations should be factored into your assessment of principal place of practice.

Where you appear before courts and tribunals

The location where you appear before courts and tribunals or where you attend mediation conferences will be a relevant consideration.

The laws that govern your costs agreement with a client

The governing law of a costs agreement between the law practice and client may also be a consideration. For in-house corporate or government lawyers, you may wish to consider the governing law of your employment contract.

The duration of your legal services in a particular jurisdiction

For solicitors who practise law on a casual or fixed-term basis and practise across multiple jurisdictions, consider the length of time you engage or intend to engage in legal practice in each jurisdiction. For example, if you are a solicitor employed under a fixed-term contract, consider the length of the contract.

If you are a solicitor who practises law in multiple jurisdictions concurrently, consider which jurisdiction you spend most of your time practising law and the permanency of each practice. For example, you may be residing in NSW and running your own NSW law practice, but on one occasion, you are engaged to provide legal services to a client in Victoria on a fixed-term basis of six months. In this scenario, the solicitor may determine that their principal place of practice is still in NSW, given the engagement in Victoria is irregular and for a fixed period of time.

Key takeaways

Assessing and determining ‘principal place of practice’ is ultimately a matter for each solicitor to undertake before they apply for grant or renewal of a practising certificate. While this may be more straightforward for some solicitors than others, an important point to remember is, no matter their determination, a solicitor should support their decision based on the factors discussed above. No single factor is determinative. All relevant factors should be taken into account and assessed together as a whole.

Irrespective of which jurisdiction a solicitor applies for their practising certificate, the solicitor should ensure that they engage in legal practice in accordance with the conditions of their practising certificate. Further, every solicitor should ensure that the relevant legal regulator is informed and updated of their practising particulars. In NSW, all solicitors must ensure the Law Society of NSW is informed of any changes in their practising arrangements within seven days of the change occurring.^[2]

Further guidance

Solicitors who would like further guidance on the conditions of legal practice in NSW are encouraged to contact the Professional Support Unit’s (PSU) regulatory compliance team for support.

PSU provides free and confidential guidance to solicitors in NSW who require assistance understanding their regulatory, ethical and professional obligations in legal practice.

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

Endnotes

[1] Legal Profession Uniform Law (NSW) section 44(4); Legal Profession Uniform Law Application Act 2014 (Vic) Schedule 1 Division 2 section 44(4); Legal Profession Uniform Law (WA) section 44(4); Legal Profession Act 2007 (Qld) section 49(2); Legal Profession Act 2006 (ACT) section 41(2); Legal Profession Act 2006 (NT) section 50(2); The Law Society of South Australia, Practising Certificates, https://www.lawsocietysa.asn.au/site/site/for-legal-practitioners/working-as-a-legal-practitioner/practising-certificates.aspx?hkey=214a21f9-a23c-492a-81ae-116195647cf3#Conditions (accessed 26 June 2025); Legal Profession Act 2007 (Tas) section 48(2).

[2] Legal Profession Uniform Law Application Regulation 2015 regulation 61.