Interstate Practitioners Wishing to Practice in Western Australia

Pursuant to section 42(1) of the Legal Profession Act (WA) 2008 (LP Act) an Australian lawyer may apply to the Legal Practice Board (Board ) for the grant or renewal of a local practising certificate (please see section 4 of the LP Act for the definition of an Australian lawyer). An Australian lawyer is a person who is admitted to the legal profession under the LP Act or a corresponding law. If you have been admitted in an interstate jurisdiction there is no need to also be admitted in WA to obtain a WA practising certificate. However, you can still be admitted in WA under Mutual Recognition legislation, enquires should be made to the Supreme Court of WA (www.supremecourt.wa.gov.au).

If an Australian lawyer holds a current interstate practising certificate, the Board cannot issue that practitioner with a WA practising certificate until the interstate practising certificate expires or is cancelled (see section 37(3) of the LP Act). If a practitioner intends to offer or provide legal services to the public in WA whilst holding an interstate practising certificate, a completed LPB Form 6 - Notice of Establishment of an Office by Interstate Legal Practitioner(LPB Form 6) would need to be submitted to the Board (see section 71 of the LP Act). Upon the expiry of the interstate practising certificate, application may be made to the Board for the grant of a WA practising certificate providing the practitioner intends to engage in legal practice solely or principally in WA. Sections 68 to 73 of the LP Act deal with interstate legal practitioners.

If an Australian lawyer not holding an interstate practising certificate wishes to apply for a WA practising certificate (or wishes to apply once the person’s interstate practising certificate expires) a completed LPB Form 1 - Application for a Local Practising Certificate ( LPB Form 1 ) would need to be lodged with the Board.It may be necessary for the following documents to be accompanied with the LPB Form 1:

  1. If not admitted in WA and admitted as a legal practitioner in another Australian jurisdiction it will be necessary for the applicant to provide a certified copy of the their admission certificate;
  2. a statutory declaration stating:
    1. previous employment history if the applicant has engaged in legal practice; or
    2. that the applicant has not engaged in legal practice; and
  3. an 'Evidentiary Certificate' or 'Certificate of Good Standing' (no more than one calendar month old) from the appropriate regulatory authority or body issuing practising certificates in each jurisdiction that the applicant has been admitted or held a practising certificate.

LPB Form 1 and LPB Form 6 mentioned above are available from the links below.

If you have any queries, please contact either the Board’s Administrative Officer, Mr Tony Mylotte, or the Board’s Administrative Assistant Ms Lisa Franca on (08) 6211 3600.

14 June 2012