New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 8

8 Home jurisdiction

(1) This section has effect for the purposes of this Act.

(2) The "home jurisdiction" for an Australian legal practitioner is the jurisdiction in which the practitioner’s only or most recent current Australian practising certificate was granted.

(3) The "home jurisdiction" for an Australian-registered foreign lawyer is the jurisdiction in which the lawyer’s only or most recent current registration was granted.

(4) The "home jurisdiction" for an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer is:

(a) where only one jurisdiction is the home jurisdiction for the only associate of the practice who is an Australian legal practitioner or for all the associates of the practice who are Australian legal practitioners-that jurisdiction, or

(b) where no one jurisdiction is the home jurisdiction for all the associates of the practice who are Australian legal practitioners:

(i) the jurisdiction in which the office is situated at which the associate performs most of his or her duties for the law practice, or

(ii) if a jurisdiction cannot be determined under subparagraph (i)-the jurisdiction in which the associate is enrolled under a law of the jurisdiction to vote at elections for the jurisdiction, or

(iii) if a jurisdiction can be determined under neither subparagraph (i) nor subparagraph (ii)-the jurisdiction determined in accordance with criteria specified or referred to in the regulations.