Corporate and Government Lawyers
The Legal Profession Uniform Law (NSW) came into force on 1 June 2015. In NSW, prior to the commencement of the Legal Profession Uniform Law (NSW) corporate and government lawyers were exempt from the requirement to be admitted, or holding a practising certificate in order to engage in legal practice. However, under the Uniform Law, there is no equivalent exemption. This means that all corporate and some government lawyers will now be required to become admitted and to hold a practising certificate in NSW.
The intention of these changes under the Uniform Law was to provide greater protection and assurance to the general public by requiring legal practitioners to be admitted and hold a valid practising certificate in NSW. These changes will also require legal practitioners to comply with their regulatory obligations such as continuing professional development, ensuring greater consistency and professional standards across the profession.
Continuing to practice as lawyer without being admitted to practice is expressly prohibited pursuant to Section 10 of the Uniform Law. The rationale for the prohibition of unauthorised practice is directed to protecting the public. Practising without being admitted to practice in NSW could result in a finding of professional misconduct such as in the recent cases of Council of the New South Wales Bar Association v Dwyer  NSWCA 302 and in the case of Council of the New South Wales Bar Association v Biscoe  NSWCA 286 where there was a finding of professional misconduct for legal practitioners practicing without a valid practising certificate in NSW.
Fact Sheet: Corporate Lawyers, consequences of practising as a corporate lawyer without be being admitted to practice in NSW, post July 2018.
Fact Sheet: Government Lawyers,consequences of practising as a government lawyer without be being admitted to practice in NSW, post July 2018.
In some circumstances you must notify the LPAB if you are practising pursuant to a transitional exemption. If you are required to notify the LPAB, please complete the online notification form below.