Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 1.2.5.

Home jurisdiction

1.2.5. 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 or an Australian-registered foreign lawyer is-

   (a)  if 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)  if 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.