Guide for lawyers
Going independent in Australia: state by state
Australian practice rules are set state by state. Across the jurisdictions below, the common pattern is a period of supervised practice after admission, then a Practice Management Course, before you can run your own practice. The details differ, so this guide summarises what each regulator publishes and links to it.
New South Wales
A principal practising certificate authorises you to practise as a principal of a law practice. You cannot practise as a sole practitioner while you are subject to supervision conditions, and you must complete a Practice Management Course before you are authorised to practise as a principal.
Victoria
New lawyers practise under supervised legal practice. The Legal Services Board's policy sets the period at 18 months if your practical legal training was done principally under an Australian lawyer's supervision, and two years if you did other practical legal training, such as a graduate diploma. You then apply to have the supervision condition removed. The Board also publishes guidelines for the Practice Management Course in Victoria.
Queensland
An unrestricted principal practising certificate requires you to satisfy the Practice Management Course requirements. A restricted principal certificate cannot be issued to a sole practitioner. Principals must be covered by professional indemnity insurance under the Indemnity Rule, and Fidelity Guarantee Fund contributions apply where required.
Western Australia
A practitioner subject to supervision cannot practise as a sole practitioner. You must complete a Practice Management Course from an accredited provider before you are eligible to be a principal of a law practice. Check the Board's trust account pages for the rules on holding trust money.
South Australia
For lawyers admitted on or after 1 October 2018, the rules require a continuous period of two years' full-time employment as an employed practitioner after your first practising certificate (part-time can count if equivalent), under supervision by a practitioner with at least five years in practice. Supervision continues until the Board of Examiners is satisfied. Check the Law Society of South Australia for the process of applying to lift the restriction.
Tasmania
The Law Society of Tasmania sets standard conditions for each class of practising certificate, including a class for principals. Check its conditions page or contact the Society for the supervised practice and course requirements.
Australian Capital Territory
An unrestricted practising certificate allows you to practise independently and operate as a principal of a law practice. You must establish an ACT law practice before you apply. Before a private unrestricted certificate is granted, you must complete, or undertake to complete within six months, an approved Practice Management Course. You also give a statutory declaration about your skills and experience, and if you have practised for less than five years, a declaration from your supervisor.
Northern Territory
The Law Society Northern Territory says unrestricted certificates are usually issued to firm partners, sole practitioners and senior solicitors. First-time applicants complete a statutory declaration about the supervised practice period, and sole practitioners and principals need evidence of professional indemnity insurance. Check the Society for the length of the period and any course requirement.
Advertising
Some states restrict advertising for certain kinds of work, such as personal injury. Check your regulator's rules before you publish anything.
Getting your first clients
Lawmateanz is a new directory that matches people with independent lawyers in New Zealand and Australia. Listing is free, and your first client match is free. After that there is a flat monthly fee, with no commission on your fees. Client requests depend on demand in your area and are not guaranteed.
How it works for lawyers
- Free to list, and your first client match is free.
- After that, a flat monthly fee. No commission and no share of your fees.
- We check practising certificates before anyone is listed.
Client requests depend on demand in your area and are not guaranteed.
List your practice on Lawmateanz
Free to list, and your first client match is free. No commission and no share of your fees.
List on LawmateanzSources
Law Society of NSW: practising certificate conditions · Victorian Legal Services Board: Supervised Legal Practice policy · Queensland Law Society: practising certificates · Legal Practice Board of WA: practising certificate conditions · Law Society of South Australia: practising certificates · Law Society of Tasmania: practising certificate conditions · ACT Law Society: applying for an unrestricted practising certificate · Law Society Northern Territory: practising certificates
General information drawn from each regulator's published pages, not legal advice. Rules change and some details are not covered here, so confirm with your state or territory regulator before you act.