Australian Registered Foreign Lawyers
The practice of law in Queensland is regulated by the Legal Profession Act 2007 (Qld) (the "LPA") and its subordinate legislation.
A person must not engage in legal practice in Queensland unless they are an Australian legal practitioner ("ALP") (ie. a person admitted to the legal profession under the LPA or a corresponding law who holds a current local/interstate practising certificate) (LPA s.24(1), s.5(1) and s.6(1)). However, this does not apply to the practice of foreign law by an ARFL under part 2.8 of the LPA (LPA s.24(2)(c)).
A person must not practice foreign law in Queensland unless they are either an ALP or ARFL (LPA s.165), although there are certain exceptions (LPA s.165(2)). Although ARFLs may practice foreign law in Queensland, they are not entitled to practice Australian law in Queensland (s.167(2)).
To apply for registration as an ARFL, you need to be an overseas-registered foreign lawyer (LPA s.177) and do the following:
- complete Queensland Law Society (QLS) Form 28 (LPA) - Application by Foreign Lawyer for Grant of Registration to Practise Foreign Law in Queensland
- provide the supporting documents outlined in the form
- pay the application fee of AUD$314.00
- if you will be practising foreign law in Queensland as an associate of a practice in Queensland, pay a contribution to the Legal Practitioners' Fidelity Guarantee Fund of $30.00 as set out in r.25A of the QLS Administration Rule 2005 (Qld), and
- deliver or post the above to the Secretary at the address on the form or email to email@example.com.
If you are registered in another Australian jurisdiction as an ARFL, it is not necessary for you to register in Queensland in order to practise foreign law here. However, you are requested to notify the Society's Secretary of your intention to do so.
For more information about the practice of foreign law, please read part 2.8 of the LPA and part 2.8 of the Legal Profession Regulation 2017 (Qld) (the "LPR"). Download the Queensland Law Society Administration Rule 2005 (Qld).
For more information contact us.
QLS provides this information to assist legal practitioners in understanding the laws regulating the practice of foreign law in Queensland. The purpose of this information is to provide general guidance - it is not intended to be comprehensive or constitute legal, structuring, financial, tax or duty advice. QLS accepts no responsibility for the accuracy of any of the information or opinions appearing above, or for any loss flowing from its use. You should obtain your own legal and financial advice about the above information.