Yes, a NSW solicitor with a current practising certificate can act on a purchase in Victoria, Western Australia or Queensland, if the rules of that state are met.
NSW, Victoria and Western Australia share one law for the legal profession, the Legal Profession Uniform Law.
Queensland is not part of that scheme, but its law allows lawyers with an interstate practising certificate to practise there, if they hold the required insurance.
The Legal Profession Uniform Law
The Legal Profession Uniform Law is applied in New South Wales, Victoria and Western Australia by a local Act in each state.
Western Australia joined the scheme on 1 July 2022.
The scheme sets one set of rules for lawyers across the three states, including one set of professional conduct rules.
Its stated aim is a common market for legal services across the states that take part.
Victoria
A lawyer with a practising certificate issued in Victoria, New South Wales or Western Australia does not need to notify the Victorian Legal Services Board before practising in Victoria.
The lawyer practises subject to the conditions on the home state certificate, and the Board may add its own.
The Board advises lawyers to check that their insurance covers work in another state.
A lawyer can hold only one Australian practising certificate at a time. A lawyer whose clients are mostly in Victoria needs a Victorian certificate to keep practising after 30 June.
Western Australia
To practise law in Western Australia, a lawyer must hold a current Australian practising certificate.
A lawyer admitted in another Australian state does not need to be admitted in Western Australia as well.
A lawyer who offers legal services to the public in Western Australia on an interstate certificate must hold professional indemnity insurance that covers practice in Western Australia.
Lawyers acting in the course of their legal practice do not need a WA settlement agent's licence. See our article on lawyer or settlement agent in Western Australia.
Queensland
Queensland is not part of the Uniform Law scheme. Lawyers there are regulated under the Legal Profession Act 2007 (Qld).
Under that Act, a person must not practise law in Queensland unless the person is an Australian legal practitioner. That term includes a lawyer who holds a current interstate practising certificate.
An interstate lawyer may practise in Queensland only if the lawyer holds professional indemnity insurance that covers practice in Queensland, is approved under the law of the lawyer's home state, and is for at least $1.5 million including defence costs.
A lawyer who practises principally in Queensland must hold a Queensland practising certificate.
What the NSW Law Society asks of its members
The Law Society of NSW tells NSW solicitors to contact the regulator in the other state before practising there, as prior written notice may be needed.
It also tells them to contact their professional indemnity insurer.
If a NSW firm opens a branch office in another state, it must also notify the Law Society.
What this means for you as a buyer
The question is not only whether a lawyer may act. It is whether the lawyer knows that state's law.
Each state has its own contract forms, disclosure rules, cooling-off rules and transfer duty.
Fred Kalouche has acted personally on property matters in New South Wales, Queensland, Victoria and Western Australia.
Where people get caught
Assuming NSW rules apply
The law of the state where the property is applies to the purchase.
Signing before advice
In Western Australia there is no cooling-off period. In Victoria and Queensland the seller's disclosure must be read before you sign.
Not asking about insurance
Each state requires the lawyer to be covered for work in that state. You may ask your lawyer to confirm it.
Assuming a settlement agent gives legal advice
In Western Australia, a settlement agent's role is the settlement. A lawyer can also advise on the law.
Common questions
Do I need a lawyer from the state where the property is?
Not necessarily. A NSW solicitor can act on a purchase in Victoria, Western Australia or Queensland if that state's requirements are met.
Is Queensland part of the Uniform Law?
No. The Uniform Law applies in New South Wales, Victoria and Western Australia. Queensland has its own Legal Profession Act 2007, which allows interstate lawyers to practise there on conditions.
Do you act on interstate purchases?
Yes. We act on property in New South Wales, Queensland, Victoria and Western Australia.
Buying interstate? Call us before you sign. Call (02) 8062 6300.
This article is general information only. It is not legal advice for your situation.