Legal Profession > Practising in Western Australia > Australian Practising Certificate Annexures
An Australian legal practitioner is entitled to engage in legal practice in Western Australia. This entitlement is subject to any requirements on the holder’s practising certificate in accordance with the
Legal Profession Uniform Law Application Act 2022 and the
Legal Profession Uniform Law (WA), and the conditions of the practitioner’s Australian practising certificate.
The Legal Practice Board (
Board) grants and renews Australian practising certificates to eligible and suitable persons who are already admitted to the legal profession. All Australian practising certificates granted or renewed in Western Australia are subject to statutory conditions imposed by the
Legal Profession Uniform Law (WA) and may also be subject to discretionary conditions imposed by the Board.
The holder of an Australian practising certificate must comply with the conditions imposed on the practising certificate.
Certain conditions are annexures to the practising certificate. Those annexures are detailed below.
Annexure A – Condition to Notify of Certain Events
Subject to circumstances in which a notice need not be given, the holder must notify the Board in writing within 7 days that—
(a)
the holder has been charged with or convicted of a serious offence, a tax offence or an offence specified in the
Legal Profession Uniform General Rules 2015; or
(b)
a bankruptcy-related event has occurred in relation to the holder; or
(c)
the holder has become the subject of disciplinary proceedings as a lawyer in a foreign country.
Annexure B – Practice Management Course
The holder is not authorised to engage in legal practice as a principal of a law practice unless the Board is satisfied that the holder has successfully completed a practice management course delivered by a person accredited as a PMC Provider under the Legal Profession Uniform Law Application (Accreditation) Rules 2022.
Annexure C – Barrister Conditions
The holder:
(a) Will engage in legal practice work solely as an independent barrister, which comprises:
(i) appearing as an advocate;
(ii) preparing to appear as an advocate;
(iii) negotiating for a client with an opponent to compromise a case;
(iv) representing a client in a mediation or arbitration or other method of alternative dispute resolution;
(v) giving legal advice;
(vi) preparing or advising on documents to be used by a client or by others in relation to the client’s case or other affairs;
(vii) carrying out work properly incidental to the kinds of work referred to in (i)-(vi); and
(viii) such other work as is from time to time commonly carried out by barristers,
and
(b) While engaging in legal practice will be a sole practitioner, and must not:
(i) practise in partnership with any person;
(ii) practise as the employer of any legal practitioner who acts as a legal practitioner in the course of that employment;
(iii) practise as the employee of any person;
(iv) be a principal or director of an incorporated legal practice; or
(v) be a principal, director or member of an unincorporated legal practice.