Scope of practice
174 Scope of practice
An Australian-registered foreign lawyer may provide only the following legal services in this jurisdiction:
doing work, or transacting business, concerning the law of a foreign country where the lawyer is registered by the foreign registration authority for the country;
legal services (including appearances) in relation to arbitration proceedings of a kind prescribed by the regulations;
legal services (including appearances) in relation to proceedings before bodies other than courts, being proceedings in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign law of a country referred to in paragraph (a) is essential;
legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed by the regulations.
Nothing in this Act authorises an Australian-registered foreign lawyer to appear in any court (except on the lawyer's own behalf) or to practise Australian law in this jurisdiction.
Despite subsection (2), an Australian-registered foreign lawyer may advise on the effect of an Australian law if:
the giving of advice on Australian law is necessarily incidental to the practice of foreign law; and
the advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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