Mutual Recognition
If you have been admitted to practice in another jurisdiction you may be eligible to apply for mutual recognition.
Pursuant to the Mutual Recognition Act 1992 (Commonwealth) as adopted by the Mutual Recognition (Western Australia) Act 2020, those who meet the requirements and are entitled to practice law in other Australian States and Territories may be admitted to practice in Western Australia.
Is an interstate lawyer required to gain admission in Western Australia?
No, pursuant to the Legal Profession Uniform Law (WA):
- A person who has been admitted interstate but does not hold a current Australian practising certificate can apply directly to the Legal Practice Board for a Western Australian practising certificate. An application for a practising certificate can be downloaded from the Legal Practice Board's website.
- A person holding a current Australian practising certificate can rely on their interstate practising certificate to practise in Western Australia, provided they comply with the requirements of Chapter 3 of the Legal Profession Uniform Law (WA). In most cases you will then be required to apply for a practising certificate in this jurisdiction on the expiration of your current interstate Australian practising certificate.
- Notwithstanding that Western Australian admission is not a formal requirement, any Australian lawyer is entitled, pursuant to the Mutual Recognition (Western Australia) Act 2020, to be formally 'admitted' in Western Australia by lodging a Notice of Application for Admission.
How may a lawyer from New Zealand gain admission in Western Australia?
The Trans-Tasman Mutual Recognition Act 1997 (Commonwealth) as adopted by the Trans-Tasman Mutual Recognition (Western Australia) Act 2007 allows for a simplified process for a legal practitioner from New Zealand to obtain admission in this State.
Is it necessary to travel to Western Australia?
Under the Mutual Recognition (Western Australia) Act 2020 and the Trans-Tasman Mutual Recognition (Western Australia) Act 2007 it is not necessary to travel to Western Australia and appear before the Supreme Court to seek admission. You may elect to have the application dealt with on the papers without an appearance. You make this election in your Notice of Application for Admission.
What process is be followed?
You must file a Notice of Application for Admission. A precedent for the Notice is contained in Consolidated Practice Direction 10.1.3. The Notice is in the form of a statutory declaration. The Notice must give a postal address for service within Australia. A copy of the Notice filed must be provided forthwith to the Legal Practice Board of Western Australia.
How do I file the Notice of Application for Admission?
The Notice of Application for Admission may be filed over the counter at the Court’s Central Office.
However, it may also be faxed or posted to the Court. Consolidated Practice Direction 1.2.3 - Postal Lodgement, and Consolidated Practice Direction 1.2.2 - Filing of Documents by Facsimile, set out the Court's requirements in relation to facsimile and postal filing.
Does it cost anything to file the Notice of Application for Admission?
A fee is payable on filing the Notice. The fee is amended from time to time. You may pay by cash, cheque, EFTPOS or credit card. If you are filing the notice by fax or post you will need to make arrangements to pay this fee at the time the Notice is filed. The Notice will not be processed unless the fee has been paid.
How do I prove that I am admitted interstate?
You must annex to the Notice a certificate certifying that your name remains on the Roll for the State, Territory or New Zealand where your principal place of business is located. The certificate must be given by the proper officer:
- of the Supreme Court of the State or Territory where such registration occurred or, where applicable, of the High Court of New Zealand, or
- of a body, having functions similar to the Legal Practice Board of the State or Territory where such existing registration occurred or, where applicable, of New Zealand.
The certificate must have been issued not more than one month before the day of filing of the Notice. Alternatively, you may annex a copy of the certificate to the Notice so long as you certify that the annexed copy is a complete and accurate copy of the original certificate. Please note: an original or copy of your Admission Certificate will not be accepted as confirmation that your name remains on the Roll for a State, Territory or New Zealand.
Am I able to appear at an admission ceremony?
You may appear before the Court at an admission ceremony. You make this election in your Notice of Application for Admission. However, if you elect to appear before the Court, you are required in your Notice to waive s 21(1) and s 21(4) of the Mutual Recognition Act 1992 (Commonwealth) or s 20(1) and s 20(4) of the Trans-Tasman Mutual Recognition Act 1997 (Commonwealth) Act. That is because of the difficulties the Court has in listing applications for hearing within 28 days of the date of the filing of the Notice. If you do not wish to waive these provisions you should elect to have the application dealt with on the papers.
How will I know when the admission ceremony will take place?
The Court will advise you in writing of the date of the admission ceremony where you wish to appear before the Court or where the Court considers that for some reason your application should not be dealt with on the papers.
Will I need to arrange counsel for the admission ceremony?
Where you are to appear before the Court at an admission ceremony, you will need to make arrangements for your admission to be moved by counsel.
How do I take the oath/affirmation if I do not appear at an admission ceremony?
If you are admitted at an admission ceremony, you will take the oath/affirmation and sign the roll at that time. If you are admitted on the papers, you will be advised in writing of your admission and as to how and when the oath/affirmation must be taken.
How do I obtain a practice certificate once admitted?
You should contact the Legal Practice Board regarding practice certificates.
What happens if there is a problem with my application?
The Court will contact you about the problem and if necessary the further assessment of your application may be postponed.
Last updated: 9-Sep-2024
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