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In Australia, the legal profession is regulated independently by each State and Territory. Applicants will generally apply for admission in the State or Territory in which they intend to practise.
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In Western Australia the legal profession is regulated by the Legal Profession Act 2008 (Act) which is administered by the Legal Practice Board.
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The legal profession in Australia is “fused”, i.e. a person is admitted as a lawyer and may practise as a solicitor and/or a barrister. (Practitioners who wish to practise solely as barristers would generally join the WA Bar Association http://www.wabar.asn.au/ . A person must hold an unrestricted Australian practising certificate to join the WA Bar Association.)
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A person who does not hold a current Australian practising certificate must not engage in legal practice in Western Australia. An exception to this prohibition is a person doing legal work under the supervision of an Australian legal practitioner, as a paid employee of a law practice or in the course of approved legal training. For the legislative requirements relating to the reservation of legal work and related matters, including presumptions about using a title, please refer to Part 3 of the Act. Please also refer to the Board’s policy on titles that may be used by an overseas admitted legal practitioner.
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An overseas qualified and/or admitted applicant for admission in Western Australia must either complete an approved Australian law degree or apply for assessment of their qualifications. If, in completing the form, you are only eligible to apply for academic exemptions, the fee is AUD$200. If you are eligible to apply for academic and practical legal training exemptions, the fee is AUD$400.
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A person who holds an overseas law degree but is not admitted overseas may only apply for assessment if the legal qualification was completed over the equivalent of 3 years full-time study and if their qualification meets admission requirements or qualifies them to undertake practical legal training in their home jurisdiction. All other overseas law graduates must complete an approved or corresponding Australian law degree .
It is a matter for the university to determine what, if any, advanced standing can be given for the studies completed overseas, but in any event, advanced standing would not usually be given for any of the 11 required subjects of an Australian law degree.
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In assessing the eligibility for admission of an overseas admitted or qualified applicant, the Board has regard to the Uniform Principles for Assessing Qualifications of Overseas Applicants for Admission to the Australian Legal Profession (Uniform Principles). This policy document is published on the following website: https://www.lawcouncil.asn.au/resources/law-admissions-consultative-committee/documents-about-present-admission-policies
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All overseas qualified and admitted applicants will have further academic and practical legal training to complete in Australia. Individual requirements will be detailed in the assessment statement issued by the Board.
- Assessment statements should issue in:
| Mid February |
for complete applications lodged by 12 Jan 2018 |
| Mid March |
for complete applications lodged by 9 February 2018 |
| Mid April |
for complete applications lodged by 16 March 2018 |
| Mid May |
for complete applications lodged by 13 April 2018 |
| Mid June |
for complete applications lodged by 18 May 2018 |
| Mid July |
for complete applications lodged by 15 June 2018 |
| Mid August |
for complete applications lodged by 13 July 2018 |
| Mid Sept |
for complete applications lodged by 17 August 2018 |
| Mid October |
for complete applications lodged by 14 September 2018 |
| Mid November |
for complete applications lodged by 19 October 2018 |
| Mid December |
for complete applications lodged by 16 November 2018 |
| Mid February 2019 |
for complete applications lodged by 18 January 2019 |
Requirements must be commenced within 12 months and completed within 5 years of the issue of the assessment statement.
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Applicants will be required to meet English language testing requirements when they apply for admission.
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Following admission all practitioners will be required to complete a period of employment under supervision. Refer to section 50 of the LPA, the definition of “supervised legal practice” in section 3 of the Act and the Board’s Supervised Legal Practice Guidelines