Practice Management Course

Before practising as a principal of a law practice, a local legal practitioner must successfully complete an approved practice management course (PMC) (or obtain an exemption from completion of the PMC) and give notice to the Legal Practice Board.

PMC condition

The PMC condition is imposed on a practitioner’s practising certificate once they have been exempt from the statutory requirement to engage in supervised legal practice.

The PMC condition must be varied or revoked prior to a practitioner commencing practise as the principal of a legal practice, and to enable the practitioner to obtain an Australian practising certificate authorising them to engage to legal practice as a principal.

Section 6 of the Uniform Law defines a principal as:

  1. in the case of a sole practitioner – the sole practitioner
  2. in the case of a law firm – a partner in the firm
  3. in the case of a community legal service – a supervising legal practitioner of the service referred to in section 117
  4. in the case of an incorporated legal practice or an unincorporated legal practice –
    1.  holds an Australian practising certificate authorising the holder to engage in legal practice as a principal of the law practice 
    2. is  –
      1. if the law practice is a company within the meaning of the Corporations Act – a validly appointed director of the company
      2. if the law practice is a partnership – a partner in the partnership
      3. if the law practice is neither – in a relationship  with the law practice that is of the kind approved by the Council under section 40 or specified in the Uniform Rules for the purposes of this definition.

Forms

Before a practitioner commences as a principal of a law practice they must give notice to the Board by submitting an LPB Form 11: Notice of a Practitioner’s Intention to Commence as a Principal of a Law Practice. If the PMC condition is imposed on a practitioner’s practising certificate, this must also be accompanied by a request for the revocation or variation of the PMC condition. 

A revocation can be requested on the basis of the completion of an approved PMC.

A practitioner may request a revocation on the basis that the practitioner can demonstrate skills and experience demonstrating that they are suitable to practice as the principal of a law practice without completing the PMC. These applications are considered on an individual basis.

A variation can be requested for a period of up to six months to allow the practitioner to commence practice as a principal while completing a PMC.

An application for revocation or variation from the PMC condition must be in the approved form.

The approved forms are:

Revocation: LPB Form 12: Request to Revoke the Condition on a Local Practising Certificate: Practice Management.

Variation: LPB Form 13: Request to Vary the Condition on a Local Practising Certificate: Practice Management.

The PMC as continuing professional development

A practitioner undertaking and successfully completing an approved practice management course will be credited with the full 10 point CPD requirement for the period in which the course was completed, unless there are exceptional circumstances.

Expiration of the PMC

It is intended that a practitioner start as a principal within two years of successfully completing a PMC. If a legal practitioner does not start as a principal within 2 years, the Board is not likely to revoke the PMC condition on their practising certificate and the practitioner may be required to complete a further approved PMC, in full or in part; or the Board may impose other conditions relevant to the operation of a law practice.

Overseas principals and the PMC condition

When a legal practitioner is practising as a principal of a law practice internationally and is, or is likely to be, advising or representing clients (overseas or in Western Australia) on Western Australian law, the legal practitioner is a principal for the purposes of the Uniform Law and, if applicable, should apply for the variation or revocation of the PMC condition. 

PMC providers

To become a PMC provider, complete LPB Form 15 Application for Approval as a PMC provider and the associated Content Schedule Guidelines for Accreditation as a PMC Provider

College of Law

Details of the curriculum and programs of the PMC offered by the College of Law (WA) can be obtained from the College on (08) 9214 0202 or on the College of Law website.