Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.4.35.

Special provisions about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction

2.4.35. Special provisions about interstate legal practitioner engaging in
unsupervised legal practice in this jurisdiction



(1) An interstate legal practitioner must not engage in unsupervised legal
practice in this jurisdiction unless-

   (a)  if, to qualify for admission to the legal profession, the interstate
        legal practitioner completed practical legal training-

   (i)  principally under the supervision of an Australian legal practitioner,
        whether involving articles of clerkship or otherwise; or

   (ii) involving articles of clerkship principally under the supervision of a
        person other than an Australian legal practitioner in accordance with
        the admission rules- the interstate legal practitioner has undertaken
        a period or periods equivalent to 18 months' supervised legal
        practice, worked out under relevant regulations, after the day the
        practitioner's first practising certificate was granted; or

   (b)  if the interstate legal practitioner completed other practical legal
        training to qualify for admission to the legal profession in this or
        another jurisdiction-the interstate legal practitioner has undertaken
        a period or periods equivalent to 2 years' supervised legal practice,
        worked out under relevant regulations, after the day the
        practitioner's first practising certificate was granted.

(2) Subsection (1)-

   (a)  does not apply-

   (i)  to an interstate legal practitioner who engages in legal practice in
        this jurisdiction solely as a barrister; or

   (ii) if the interstate legal practitioner is exempt from the requirement
        for supervised legal practice in the practitioner's home jurisdiction;

   (b)  applies only to the extent of a shorter period if the required period
        of supervised legal practice has been reduced for the practitioner in
        the practitioner's home jurisdiction.