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How to practise in Australia
Australia has a common law legal system very similar to that of the UK. Each state is a separate legal jurisdiction with its’ own powers, constitution, courts and professional bodies. As in the UK the profession is split in each state between barrister and solicitor but it is not as pronounced as the position in the UK. Solicitors are regulated at state level by law societies and must belong to a state professional body (i.e. Law Society) to be permitted to practice.
At a federal level there is an overarching legal system consisting of federal courts and a solicitor admitted to a state jurisdiction can practice at a federal level. When federal and state laws conflict, federal law overrides state law if consistent with the guidelines of the Federal Constitution.
There are approximately 45,000 solicitors and 5,000 barristers in Australia.
The legal profession in Australia is regulated under state and territory laws. In most jurisdictions, there is a system of co-regulation that actively involves both the government and the profession in the regulation of lawyers. However, in Western Australia and South Australia, the profession now has a limited role and the regulation of lawyers is principally conducted by statutory bodies.
In some jurisdictions, lawyers can practice as both barristers and solicitors. In others, the traditional separation between barristers (advocates) and solicitors remains.
English law degrees are generally recognised in Australia, but further re-qualification may be required depending on individual state’s own rules. For details, please refer to the information for foreign lawyers provided by the Law Council of Australia: