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Australia: guide for English and Welsh solicitors and firms

Everything you need to know about practising and requalifying in Australia. This guide also covers opening a new office and promoting your services.

27 Nov 2025

10 minute read

If you have any questions about the information in this guide or want to find out more about practising in Australia, contact: will.miller@lawsociety.org.uk.

Practising in Australia

As an English or Welsh-qualified solicitor, you can visit Australia, act for clients and provide legal services.

You can provide legal services in relation to:

the law of England and Wales
the law of any other countries you are authorised to practise in
international law, and
arbitration, mediation or other forms of consensual dispute resolution

You can also:

attend legal events, network and promote your services
provide legal services remotely

You are not allowed to:

practise Australian law, or
appear before a court, except on your own behalf

You may advise on the effect of Australia law if:

it is necessary as part of advising on foreign law, and
your advice is based on advice given by an Australian legal practitioner who is not your employee

You can practise in Australia on a ‘fly-in, fly out’ basis for a maximum of 90 days in any 12-month period without registering as an ‘Australian-registered foreign lawyer’. The days do not need to be consecutive.

You will need to obtain the appropriate visa to enter Australia.

Register as a foreign solicitor

You will need to register as an ‘Australian-registered foreign lawyer’ if you intend to:

practise in Australia for more than 90 days, or
maintain an office in Australia for the purpose of practising law, or
join a law practice as a partner, director or other principal

You will need to register with the relevant legal profession regulatory body:

The regulation and representation section below has more guidance on registering and practising.

You should register in the state or territory where your principal place of practice will be located. Registration usually takes less than three weeks.

Once you’re an ‘Australian-registered foreign lawyer’ you may offer legal services in any Australian state or territory, not just the jurisdiction where you registered.

Australian-registered foreign lawyers may enter into commercial association, employ or be employed by Australian lawyers and law practices.

Australian-registered foreign lawyers must comply with the laws and rules set out in the Australian Solicitors’ Conduct Rules.

These rules may very slightly in the jurisdiction you’re registered to practise in. Learn more about the jurisdiction-specific rules.

To practise Australian law, you must be admitted to the legal profession as an Australian lawyer and become an Australian legal practitioner (see below).

Requalify in Australia

There are two stages to requalify in Australia.

To practise Australian law, you must:

be admitted to the Australian legal profession as an Australian lawyer, and
hold a current Australian practising certificate as an Australian legal practitioner

Requalification is the priority issue for our members based in Australia.

Learn more about what we’re doing to improve requalification in Australia.

If you remain on the roll in England and Wales after requalifying, you must also follow the Solicitors Regulation Authority (SRA) Overseas and Cross-border Practice Rules.

Apply for admission as an Australian lawyer

To be admitted to the Australian legal profession you must apply to the local state or territory admitting authority.

The admitting authority will assess your academic and practical legal training qualifications. They will then advise what additional studies or training you may need to complete before applying for admission.

For example, you may need to complete training or qualifications in administrative law, federal and state constitutional law, or ethics and professional responsibility. This will depend on your existing qualifications and experience.

You should check the specific requirements of the state or territory where you intend to apply:

Once you’ve been admitted to the Australian legal profession, you will be considered an Australian lawyer.

Once you are admitted in one Australian jurisdiction, you are admitted in all Australian states and territories. You do not need to apply for admission in multiple jurisdictions.

Conditional admission

In New South Wales, Victoria and Western Australia you can ask the admitting authority to consider whether you could be admitted subject to conditions.

These conditions may include:

limits on how long you’re admitted for
requirements for further study or training
restrictions on your practising entitlements. For example only engaging in supervised legal practice, or practice in a certain area of law

This may be appropriate if you’re seeking to be admitted for a particular period of time or to engage in a limited role for a specific purpose.

Get a practising certificate

To engage in legal practice, you must obtain a practising certificate in the state or territory where your principal place of legal practice will be located:

The regulation and representation section below has more jurisdiction-specific practising certificate guidance.

Once you’ve been granted a practising certificate, you will be considered an Australian legal practitioner.

You will initially only be able engage in legal practice under supervision. This is commonly referred to as a ‘restricted practising certificate’. It usually applies for two years.

After this period, you will be eligible to apply for a practising certificate that is not subject to a supervision requirement (an ‘unrestricted practising certificate’).

The unrestricted practising certificate may still include other conditions. For example, whether you are authorised to receive trust money.

You will need to renew your practising certificate each year. You must renew with the local regulatory authority in the state or territory that issued the practising certificate, unless you have moved to another state or territory as your principal place of legal practice.

Unless exemptions are granted, you will also need to meet statutory conditions related to:

maintaining professional indemnity insurance
contributing to a fidelity fund
undertaking continuing professional development

There may be other statutory and discretionary conditions. This will depend on the state or territory that granted your practising certificate.

Your practising certificate will be recognised in all Australian states and territories, not just the jurisdiction in which your practising certificate was granted.

This means you can practice law and have clients in any state or territory. But your practising certificate must be granted each year in the state or territory that is your principal place of practice.

Open a new office

English and Welsh solicitors and law firms can establish a commercial presence (office) in Australia.

Through your office, you can practise:

the law of England and Wales, and
the law of any other country in which you registered or authorised to practise law

For guidance on how to open a new office, read:

the Australian government’s starting a business guide
the Australian Taxation Office’s tax guidance for businesses and organisations

The limited liability partnership (LLP) business structure is not currently available in Australia for any type of business, including foreign and domestic law practices.

Through the UK-Australia Legal Services Regulatory Dialogue, we have encouraged the adoption of LLPs for law firms. Learn more about our work on Australian market access.

Regulation and representation

Lawyers in Australia are regulated at the state and territory level.

Regulation of the legal profession in Australia is based on mutual recognition of admission and practising certificates by every state and territory.

This is applied under a co-regulatory model where:

the Supreme Courts regulate admission to the legal profession and the discipline of legal practitioners through their inherent jurisdiction and responsibilities
legal professional bodies (law societies and bar associations) develop rules of professional conduct, legal practice and continuing professional development
independent regulatory authorities and/or legal professional bodies exercise day-to-day regulatory powers and functions. The allocation of these powers and functions varies across states and territories

The barrister and solicitor professions are fused in South Australia, Victoria, Western Australia and the Australian Capital Territory.

In these jurisdictions, every solicitor is also a barrister, although many prefer to brief counsel rather than appear in courts or tribunals themselves.

There is an independent bar for those wishing to practise solely as a barrister.

You should familiarise yourself with the relevant regulations, authorities and professional bodies in the jurisdiction(s) where you intend to practise or do business.

To stay up to date with regulation changes, check our page on Australian market access.

You must follow the SRA’s Overseas and Cross-border Practice Rules if you:

have requalified, been admitted and granted a practising certificate in Australia, and
remain on the roll in England and Wales

Uniform Law – New South Wales, Victoria and Western Australia

Lawyers and law practices in New South Wales, Victoria and Western Australia must follow the Legal Profession Uniform Framework.

Each state still has its own admitting authority and professional bodies.

New South Wales

Solicitors must complete additional training and be formally “called to the bar” to practise as a barrister in New South Wales.

Solicitors technically have the right to appear in higher courts but rarely do.

Read guidance on:

Victoria

Solicitors in Victoria can appear in any court, including superior courts.

Read guidance on:

Western Australia

Read guidance on:

Australian Capital Territory (ACT)

Legal services in ACT are regulated by the:

Solicitors must follow the Legal Profession (Solicitors) Conduct Rules 2015 (ACT).

The ACT admissions authority and professional bodies are:

Northern Territory

Legal services in Northern Territory are regulated by the:

Solicitors must follow the Australian Solicitor Conduct Rules (NT).

The Conduct Rules came into effect in September 2025. Before 1 September 2025, solicitor conduct was governed by the Rules of Professional Conduct and Practice.

The Northern Territory admissions authority and professional bodies are:

Read guidance on applying for admission as a legal practitioner in the Northern Territory.

Queensland

Legal services in Queensland are regulated by the:

Solicitors must follow the:

The Queensland admissions authority and professional bodies are:

Solicitors must complete additional training and be formally “called to the bar” to practise as a barrister in Queensland.

Solicitors technically have the right to appear in higher courts but rarely do.

Read guidance on admission in Queensland.

South Australia

Legal services in South Australia are regulated by the:

Solicitors must follow the South Australian Legal Practitioners Conduct Rules.

The South Australia admissions authority and professional bodies are:

Read guidance for:

Tasmania

Legal services in Tasmania are regulated by the:

Solicitors must follow the Legal Profession (Solicitors’ Conduct) Rules 2020 (Tas).

The Tasmanian admissions authority and professional bodies are:

Read guidance for foreign trained lawyers in Tasmania.

National representation

The Law Council of Australia:

represents the legal profession at the national level
speaks on behalf of legal professionals on federal, national and international issues
promotes and defends the rule of law and promotes the administration of justice, access to justice and general improvement of the law

The Law Council of Australia represents 16 state and territory law societies and bar associations, and Law Firms Australia. These are known as its ‘constituent bodies’.

The Law Council of Australia also represents the Australian legal profession overseas. It maintains close relationships with legal professional bodies throughout the world.

It advises governments, courts and federal agencies on ways the law and justice system can be improved.

Read the Council’s guidance on foreign law and lawyers in Australia.

Australian law

Australia has a common law legal tradition.

It expects and values judicial independence. Decisions made by the courts must follow due process and the rule of law.

Contractual arrangements are protected by the rule of law and the independence of the judiciary.

Domestic companies, foreign companies and individuals all have the same standing before the law.

Foreign law in Australia

Foreign law can be used in legal cases in Australia, but it is treated as a question of fact, not law. This means:

it must be pleaded and proven by the party relying on it
courts do not presume knowledge of foreign law. This means it must be supported by expert evidence

If foreign law is not properly proven, the court will apply Australian law by default.

Learn more about using foreign law in Australian litigation.

Marketing and promoting your services in Australia

You can attend legal events, network and promote your services in Australia.

You can market your firm and build relationships with Australian legal professionals. Under the Australian Solicitors’ Conduct Rules, any advertising or promotion must:

be truthful, not misleading or deceptive
avoid exaggerated claims about expertise or success rates
respect client confidentiality
refrain from using terms like “accredited specialist” unless officially certified in Australia