An interstate-qualified lawyer is a person holding a current practising certificate from another Australian jurisdiction (not a Victorian practising certificate).
When the Board must be notified of practice in Victoria
An interstate-qualified lawyer must notify the Board if he or she becomes authorised to withdraw money from a local trust account. Notification must be by the approved form. (391KB PDF)
Upon becoming authorised to withdraw money from a local trust account, the interstate-qualified lawyer will be required to pay the required Fidelity Fund contribution. See information on Fidelity Fund contributions.
Receiving trust money
Interstate-qualified lawyers are required to comply with the requirements of the Legal Profession Act 2004 (Vic) relating to the receipt of trust money in Victoria. See further information about trust money and trust account requirements.
An interstate-qualified lawyer may engage in legal practice in Victoria. The lawyer’s right to engage in legal practice in Victoria is substantially the same as in their home jurisdiction. Interstate-qualified lawyers may practice in Victoria subject to any conditions imposed:
- on their right to practice in their home jurisdiction (including any conditions imposed on admission to an Australian jurisdiction);
- by the Board via written notice; and
- by or under any applicable legal profession rules.
Supervised legal practice
Interstate-qualified lawyers are required to complete the required period of supervised legal practice before engaging in unsupervised legal practice in Victoria.
This requirement does not apply to barristers.
See supervised legal practice for further information.
Status of interstate practitioners
Interstate-qualified lawyers have all the duties and obligations of officers of the Supreme Court of Victoria.
Professional Indemnity Insurance
All interstate law practices (including barristers) are required to obtain professional indemnity insurance before commencing to engage in legal practice in Victoria, unless exempted by the Board. Professional indemnity insurance must be maintained at all times whilst engaged in legal practice in Victoria.
See Professional Indemnity Insurance for further information about insurance requirements and exemptions.