Legal Profession Act 2006

An Australian-registered foreign lawyer must, at all times while practising foreign law in this jurisdiction, comply with one of the following:

the foreign lawyer must have professional indemnity insurance that conforms with the requirements for professional indemnity insurance applicable for Australian legal practitioners in any jurisdiction;

if the foreign lawyer does not have professional indemnity insurance that complies with paragraph (a) – the foreign lawyer:

must have professional indemnity insurance that covers the practice of foreign law in this jurisdiction and that complies with the relevant requirements of a foreign law or foreign registration authority; and

if the insurance is for less than $1.5 million (inclusive of defence costs) – must provide a disclosure statement to each client disclosing the level of cover;

if the foreign lawyer does not have professional indemnity insurance that complies with paragraph (a) or (b) – the foreign lawyer must provide a disclosure statement to each client specifying the lawyer does not have complying professional indemnity insurance.

A disclosure statement must be made in writing before, or as soon as practicable after, the foreign lawyer is retained in the matter.

A disclosure statement provided to a person before the foreign lawyer is retained in a matter is taken to be provided to the person as a client for this section.

A disclosure statement is not valid unless it is given in accordance with, and otherwise complies with, any applicable requirements of the regulations.