Legal Profession Uniform General Rules 2015

In these Rules—

the Uniform Law, these Rules or the Legal Profession Uniform Law Act of a participating jurisdiction, or

a corresponding law of a non-participating jurisdiction, or

a previous corresponding law of any jurisdiction.

A reference in these Rules to the designated local regulatory authority, when used expressly or impliedly in relation to a provision of the Uniform Law, is a reference to the relevant designated local regulatory authority specified or described under jurisdictional legislation for that provision.

A reference in these Rules to the designated tribunal, when used expressly or impliedly in relation to a provision of the Uniform Law, is a reference to—

the relevant designated tribunal specified or described under jurisdictional legislation for that provision, or

a member or officer so specified or described of such a court or tribunal.

For the purposes of paragraph (d) of the definition of supervised legal practice in section 6(1) of the Uniform Law, supervised legal practice in the case of an Australian legal practitioner who is an employee of a law practice (or who, though not an employee of the law practice, is working under supervision in a law practice) includes supervision by an employee of the law practice who holds an Australian practising certificate authorising the holder to supervise legal practice by others.

For the purposes of paragraph (d) of the definition of supervised legal practice in section 6(1) of the Uniform Law, supervised legal practice in the case of an Australian legal practitioner who is an employee of a law practice, and who is engaged in legal work for a client of the law practice, or in legal work for a community legal service, otherwise than under the supervision of an authorised principal of the law practice, includes supervision by an Australian lawyer (the supervising lawyer), where—

the supervising lawyer—

holds an Australian practising certificate authorising the holder to supervise legal practice by others, or

is exempt from holding or otherwise not required to hold such an Australian practising certificate by or under the Uniform Law, jurisdictional legislation or legislation of the Commonwealth, and

the supervision is adequate in the circumstances and not less than the supervision that the employee would have received from an authorised principal of the law practice.

Subrule (2) applies in relation to legal work engaged in by an employee of a legal practice during the whole or any part of the period starting on 1 July 2015 and ending immediately before the date of commencement of that subrule, as well as to legal work engaged in on or after that date.

The following persons are declared to be exempt from the operation of section 10(1) of the Uniform Law—

a person carrying out conveyancing work in accordance with a licence in force under relevant jurisdictional legislation,

a land agent performing work in respect of instruments the person is entitled to draw, fill up or prepare and to charge for, under a law of a jurisdiction or of the Commonwealth,

an officer or employee of a government authority drawing instruments in the course of the person’s duty, otherwise than as parliamentary counsel, legislative counsel or legislative drafter (however described),

an officer or employee of a government authority undertaking appearance work in courts or tribunals under the authority of a law of a jurisdiction or of the Commonwealth,

any of the following—

a public trustee (however named) of a jurisdiction,

a company that performs the functions of a public trustee of a jurisdiction,

a company performing trustee work on behalf of the government of a jurisdiction or the Commonwealth,

an officer, employee or member of staff of an entity referred to in subparagraph (i)–(iii),

an industrial organisation providing legal services, but only to the extent that—

the legal services concerned are provided to members of the organisation, and

the legal services are not provided for fee, gain or reward to the organisation (other than standard membership fees), and

the legal services are provided by Australian legal practitioners, and

if any of the legal services are provided by an Australian legal practitioner whose Australian practising certificate is subject to a condition requiring the holder to engage in supervised legal practice only—those legal services are provided under the supervision of an Australian legal practitioner who is authorised to supervise legal practice by others.

In subrule (1)(f), industrial organisation means an organisation (however described) that is registered or otherwise recognised under a law of the Commonwealth, a State or a Territory.

An application by an Australian lawyer for the grant or renewal of an Australian practising certificate—

must state the participating jurisdiction that the applicant reasonably intends will be the applicant’s principal place of legal practice in Australia, and

if an automatic show cause event has occurred at any time in relation to the applicant and section 87 of the Uniform Law requires a statement as part of the application—must include such a statement, and

must address each of the matters referred to in rule 13(1), and

must address any other matter the designated local regulatory authority considers appropriate.

An application under subrule (1) must be accompanied by the fee applicable to the application.

Before determining the application, the designated local regulatory authority may seek further relevant information from the applicant.