LEGAL PROFESSION ACT 2007 - SECT 167 Scope of practice

LEGAL PROFESSION ACT 2007 - SECT 167

167 Scope of practice

(1) An Australian-registered foreign lawyer may provide only the following legal services in this jurisdiction—

(a) doing work, or transacting business, concerning the law of a foreign country if the lawyer is registered by the foreign registration authority for the country;

(b) legal services, including appearances, in relation to an arbitration proceeding of a kind prescribed under a regulation;

(c) legal services, including appearances, in relation to a proceeding before a body other than a court, being a proceeding 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 mentioned in paragraph (a) is essential;

(d) legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed under a regulation.

(2) Nothing in this part 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.

(3) Despite subsection (2) , an Australian-registered foreign lawyer may advise on the effect of an Australian law if—

(a) the giving of advice on Australian law is necessarily incidental to the practice of foreign law; and

(b) 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.