The Legal Profession Uniform Law (Victoria) (Uniform Law) provides a system for the grant and renewal of Australian practising certificates in Victoria to eligible people who are already admitted to the Australian legal profession. The Victorian Legal Services Board (Board) is the authority responsible for the grant and renewal of practising certificates in Victoria.
Practising certificates and the entitlement to practise in Victoria can be granted to New Zealand lawyers under the Trans-Tasman Mutual Recognition Act 1997 (Cth) (TTMRA), as adopted in Victoria.
Under the TTMRA, a person who holds registration for an occupation in New Zealand is entitled to be registered for an ‘equivalent occupation’ in Australia. Generally, an occupation is considered equivalent if the activities the person is authorised to carry out under each registration are substantially the same.
These guidelines provide guidance to New Zealand lawyers who hold a current New Zealand practising certificate and are seeking registration for the equivalent occupation in Victoria, and the grant of a practising certificate by the Board, under the TTMRA.
For information about registration as a barrister (sole) under the TTMRA, you should contact the Victorian Bar directly.
You will be eligible to apply for registration and obtain a practising certificate in Victoria under the TTMRA if:
- you are admitted to the legal profession in New Zealand and hold a current New Zealand practising certificate
- you reasonably intend for Victoria to be your principal place of practice for the duration (or remainder) of the practising year and
- you have submitted an application to the Victorian Legal Admissions Board (VLAB) to be admitted to the Australian legal profession and sign the roll of legal practitioners maintained by the Supreme Court of Victoria.
Submitting your notice and information
To apply for registration and obtain a practising certificate in Victoria under the mutual recognition principles set out in TTMRA you will need to lodge the following with us:
- A written notice in the form of a statutory declaration that must address all the matters contained in section 18 of the TTMRA, along with the following documents:
- A certified copy of your current New Zealand practising certificate
- A certified copy of a certificate of standing from the New Zealand Law Society (please note we will only accept a certificate of standing that has been issued within 45 days of the date of lodging your application with us)
- Evidence of your application to VLAB to be admitted to the Australian legal profession as an Australian lawyer
- Details of the law practice where you intend to engage in legal practice
- Evidence that you are covered by an approved policy of professional indemnity insurance for legal practice in Australia
You can submit your notice and above information through our lawyer enquiry form.
Paying your fee
Once we receive your notice and information listed above, we will contact you and advise you of the fee you will need to pay. This fee needs to be paid within 24 hours. If we don’t receive your payment, you may be prevented from engaging in legal practice.
The fee will depend on the type of practising certificate you are seeking, the time of year the application is made and whether any Fidelity Fund contribution is required. Read more about practising certificate fees.
Considering your application
Once you have submitted your notice and the information listed above, we have one month to determine whether to grant your registration. In limited circumstances, we can impose conditions on registration (both deemed and substantive) and can postpone or refuse an application for registration.
We are required to notify you of our decision in writing.
If we grant your application for registration, your practising certificate will take effect from the date you submit your written notice, as required under section 18 of the TTMRA.
A decision we make under the TTMRA is reviewable by the Administrative Review Tribunal.
Deemed registration
While we determine your application, you will be deemed to be registered in Victoria (deemed registration). In limited circumstances, the Board can impose conditions on your deemed registration.
Deemed registration ceases if we determine to cancel or suspend it, or if we refuse your application for substantive registration.
Deemed registration will also cease if your application for registration is granted and a practising certificate is issued.
You should note that deemed registration doesn’t override the operation of laws that regulate the requirements for practising in Victoria, including the requirement to have professional indemnity insurance in place.
It also doesn’t override any limits or restrictions in place under your existing registration and/or practising certificate in New Zealand.
If you would like to speak to a Licensing Officer at the Board about applications under the TTMRA, you can call +61 3 9679 8001. The Board’s office hours are 9am to 5pm Monday to Friday (closed on all Victorian public holidays).
For information about being admitted to the Australian legal profession as an Australian lawyer, you will need to contact VLAB:
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Address: |
Ground Floor 451 Little Bourke Street MELBOURNE VIC 3000 |
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For all enquiries about assessment of foreign degrees or foreign applications for admission: |
Tel: +61 3 9604 2416 |
For information about registration as a Barrister (sole) you will need to contact the Victorian Bar:
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Address: |
Owen Dixon Chambers East |
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Tel: Email: |
Forms
Relevant legislation:
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Legal Profession Uniform Law Application Act 2014 (Vic) (Please note that the Legal Profession Uniform Law (Vic) is contained in Schedule 1 of the Application Act)