Australian Practising

Certificates

After a person has been admitted to the Supreme Court of New South Wales, he or she can apply to the Law Society of New South Wales for a practising certificate. An Australian practising certificate granted in New South Wales is subject to conditions imposed by or under the Legal Profession Uniform Law (NSW) and the Legal Profession Uniform Rules (NSW).

There are different categories of practising certificates. Section 47 of the Legal Profession Uniform Law (NSW) highlights that in order to engage in legal practice an individual must hold a practising certificate in one or more of the following categories:

  1. Principal of a law practice: This entitles the holder to engage in legal practice as a principal of a law practice. It also enables the holder to practice as an employee of a law practice, corporate legal practitioner or government legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis. (Note: Where the solicitor holds a practising certificate which is subject to a condition that the solicitor must engage in supervised legal practice only, the solicitor may not constitute a law practice as a sole practitioner).
  2. Employee of a law practice: The holder is entitled to engage in legal practice as an employee of a law practice and also as a corporate legal practitioner or government legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis.
  3. Corporate legal practitioner: The holder is authorised to engage in legal practice as a corporate legal practitioner or government legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis.
  4. Government legal practitioner: The holder is authorised to engage in legal practice as a government legal practitioner or corporate legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis.
  5. Volunteer: The holder is authorised to engage in legal practice as a volunteer at a community legal service, or otherwise on a pro bono basis. (Note: For a detailed description of the meaning of pro bono basis see s.8 of the Uniform Law (NSW).

At the time of applying for a practising certificate the applicant will need to specify the type of practising certificate applied for.

Students and recent graduates should be aware that practising certificates will be subject to a number of conditions. An important condition relates to the requirement that the (restricted) practitioner engage in supervised legal practice only for a specified period of time (usually 2 years). Other conditions require the holder to undertake continuing professional development and requires that the holder must undertake a practice management course before being authorised to engage in legal practice as a principal of a law practice. For further information on conditions see the Law Society website.

When the holder has completed the requisite period of supervised legal practice, he or she may apply to have the condition removed. An application form is available on the Law Society website.