Information for Solicitors on Working in Australia

Transcription

1 Information for Solicitors on Working in Australia

2 1. GENERAL INFORMATION With an Irish qualification you are not eligible to work as a solicitor in Australia. However, you may still be considered for a range of research, paralegal and legal support positions in private law firms or in-house roles. Should you wish to practise in Australia as a legal practitioner, you will need to undertake further study and, at the very least, sit some exams - as detailed below. Australia s rural towns and regional centres offer particularly attractive opportunities for legal practitioners. These areas also provide an opportunity to build a long term life there with flexibility to balance family and work in a relaxed pace of country living. As a General rule, only law graduates can qualify as a lawyer in Australia. Very occasionally an Irish lawyer who does not have a law qualification manages to get through the assessment process but in the main, you must have completed an undergraduate law degree in order to qualify as a lawyer in Australia. Under the Trans Tasman Mutual Recognition Arrangement, a person registered to practise as an Australian Lawyer is entitled to practise in other states in Australia and in New Zealand (and vice versa) without the need for further testing or examination. Important Disclaimer Please Note The Law Society does not give any guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of information within this document. The Law Society also does not take responsibility for any dependence or reliance placed on the use of support services information provided - and cannot accept liability for any loss or damage incurred as a result. 2. AUSTRALIAN VISAS A visa is always required for Irish citizens wishing to enter Australia. The Australian High Commission in London provides services for clients who are resident in the Republic of Ireland. The central point of information on visas is the Australian Department of Immigration and Citizenship: Visa application forms, fees & guidelines are available here. For help finding the right visa for your circumstances go to: For a list of registered migration agents go to the Migration Agents Registration Authority website at: USIT also provide a 1 year Working Holiday Visa for work and travel opportunities in Australia. For information on this go to: year-working-holiday-visa

3 2.1 Temporary Visas Working Holiday Visa This visa is for people aged 18 to 30 years of age, who are interested in a working holiday of up to 12 months in Australia. It allows the holder to holiday in Australia and supplement their travel funds through incidental employment. The recipient can: Enter Australia within 12 months of grant Stay up to 12 months Leave and re-enter Australia any number of times while the visa is valid Work in Australia for up to six months with each employer Study or train for up to four months To be eligible for a Working Holiday Visa, you must meet a number of requirements: be aged between 18 years and 30 years inclusive (at the time you apply); hold a passport from an eligible country, preferably valid for at least 6 months; not be accompanied by dependent children; be outside Australia when you apply and when the visa is granted (except applicants for a second Working Holiday visa, who can apply while in Australia not have previously entered Australia on a Work and Holiday (subclass 462) visa; (except applicants for a second Working Holiday) have sufficient funds (generally AUD5,000); have funds for a return or onward ticket to depart Australia (or an actual ticket); have health insurance (recommended) to cover your stay in Australia. This can be obtained in your home country or in Australia. More information is available from meet Australia s health requirement depending on the country you are from and your intentions in Australia (such as entering a hospital, health care area, childcare centre or classroom), you may need to undertake a medical examination. More information is available from meet Australia s character requirement You can apply for a Working Holiday Visa online at or complete a paper application of Form 1150 and send it to: Australian High Commission Attention Department of Immigration and Citizenship Suite Bedford Street WC2E 9HA United Kingdom The application fee is currently $235 Temporary Business Visa subclass 457 This is for employers to sponsor approved skilled workers to work in Australia on a temporary basis. It is very common for Australian employers to recruit overseas workers to fill a skilled position in Australia. This visa offers a path to permanent residency.

4 With this visa people employed from overseas can: work in Australia for a period of between one day and four years bring any eligible secondary applicants with them to Australia secondary applicants can work and study after entering Australia, have no limit on the number of times they travel in and out of Australia. Some Irish solicitors have found that through working as paralegals or similar, their employers have been prepared to sponsor them under the 457 Visa this allows them to work and study in Australia while completing the re-qualification process. There is a 3 step process: the employer becomes a sponsor employer nominates the candidate for a position candidate applies for their visa. As an employee, you must meet all the following requirements: be sponsored by an employer to fill a nominated position have skills, qualifications, experience and an employment background which match those required for the position demonstrated English language proficiency be eligible for any relevant licences or registration required for the nominated position the salary offered muse be the Australian market salary rate for the position you can apply for this visa while you are in Australia, only if the last visa you held is not a Transit visa (Subclass 771) or a Special Purpose visa have health insurance (recommended) to cover your stay in Australia. This can be obtained in your home country or in Australia meet Australia s character requirements The fee for a Temporary Business Visa is currently $265. You can apply online at or complete application Form 1066 and send it to the appropriate Centre of Excellence for more information go to Visa applications can take up to 2 months to process. A booklet on the application process for a Temporary Business Visa subclass 457 visa available at Permanent Residence Visas General Skilled Migrants Visa The General Skilled Migration Program is for professionals and other skilled migrants who are not sponsored by an employer and who have skills in particular occupations required in Australia. Applicants must be over 18 and under 45 years of age, with good English language ability, and recent skilled work experience or a recently completed eligible Australian qualification. This is a permanent residence visa and operates on a points system. 120 points are required to be eligible for the visa. If your points amount to between 100 and 120 points you may enter the pool, applications are then held in the pool for up to two years after assessment. As of July 2011 a new points test will be introduced.

5 This visa allows you and any secondary applicants included in your visa application to live as permanent residents in Australia. To apply for a General Skilled Migration visa, you must: be under 45 years of age at the time of application have good English language ability have suitable skills assessment in a nominated occupation from the Skilled Occupation List (SOL) have met the Australian study requirement or have been employed in a skilled occupation for at least 12 months in the last 24 months. specific work experience of at least 3 months and up to 8 years may be required be in Australia. Applicants must have a nominated occupation which is on the relevant SOL at the time they apply. For the legal profession the applicable list is the SOL (schedule 4) For any legal professional who is eligible to apply state government sponsorship will be a compulsory requirement. If you get sponsored by a state government, after you are granted your visa, you are expected to live in the sponsoring state for at least 2 years after arriving in Australia. There are 5 main steps to the application process: admission to practice as a solicitor in an Australian state jurisdiction state sponsorship application the following states are currently offering sponsorship, NSW, ACT/Canberra, Tasmania. visa application processing time up to 12 months, the application fee is $2575 completed health and character requirements visa approval You can begin your online application for General Skilled Migration to Australia at or complete Form 1276 and send to the Adelaide General Skilled Migration Processing Centre. Regional Sponsorship (Skilled Migration) Northern Territory - Subclass 119/857 This visa is for employers operating in regional and low population growth areas of Australia, who want to sponsor skilled workers to fill skilled vacancies in their business. This visa allows you to live as a permanent resident in Australia. The employees applying for a visa can be either of the following: skilled workers from overseas skilled temporary residents currently in Australia. An eligible position must meet the following requirements. be located in a regional area cannot be filled by an Australian employee is a genuine full-time vacancy is available for at least 2 consecutive years requires a person with qualifications equivalent to at least Australian diploma level (unless exceptional circumstances apply).

6 The employee must meet the following obligations: commence employment within six months of arriving in Australia or within six months of the visa grant if they are already in Australia remain employed in the nominated position for at least two years. The visa may be cancelled if the employee does not comply with these obligations to complete the two year contract with the employer. The application form for employer sponsored migration to Australia (Form 47ES) can be found at - you will need to submit a completed application from including supporting documentation for assessment. The current processing times are approximately 16 weeks. If you are interested in undertaking legal work experience in rural and regional Australia contact Joe Forbes at [email protected]. For full information on Regional Sponsorship go to 3. PROCESS OF QUALIFYING IN AUSTRALIA People are generally required to be law graduates in order to qualify as a lawyer in Australia. Very occasionally an Irish lawyer who does not have a law qualification manages to get through the assessment process but in the main, you must have completed an undergraduate law degree in order to qualify as a lawyer in Australia. Irish lawyers used to require at least three months post qualification experience in order to qualify without having to do a graduate programme but this requirement does not exist anymore. Applicants need to be examined to ensure that their Irish academic qualifications and practical legal training is of equivalent competency to Australian legal training. There are Uniform Principles for assessing qualifications of overseas applicants for all Australian states - EFC-1C23-CACD-22AD-FF00728F08CE&siteName=lca. Each Australian State and Territory has its own accreditation process. Assessment of qualifications is made on a case by case basis. Admission as an Australian Lawyer in any State or Territory allows the practitioner to take out a practising certificate in any other State or Territory. 3.1 Getting Admitted in New South Wales Solicitors seeking admission in NSW need to make application to the Legal Profession Admission Board (LPAB) in respect of their academic qualifications, legal training and experience in the practice of law. Decisions are made on a case by case basis. Applicants are normally required to pass minimum three exams including Trust and Accounting, Constitutional Law and Ethics and Professional Responsibility.

7 How to make an application: Complete application for Academic Exemptions (Form 16) and pay $200 Complete application for Practical Training Exemption (Form 17) and pay $200 On completion of requirements apply for admission as a lawyer using Form 11 and pay $400. Applications for admission must be accompanied by two character references in Form 3A. To be admitted, attendance in the Supreme Court of NSW is compulsory Apply to the Law Society of NSW ( ) for a practicing certificate 3.2 Getting Admitted in Victoria Solicitors seeking admission in Victoria must apply to the Council of Legal Education for recognition of their Irish qualification in order to be admitted by the Supreme Court of Victoria. The link for the Council of Legal Education in Victoria is An information pack for Qualified Overseas Practitioners is available at overseas_applicants_2/ However the Law Institute of Victoria confirm that once a solicitor is admitted in any Australian jurisdiction, they are considered an Australian Lawyer and can apply for a practicing certificate in Victoria. For example, if you are admitted as a solicitor in NSW, you apply for a Victorian practising Certificate (though there may be further training requirements, for example if you intend handling trust monies). How to make an application: You must make an application to the Council for Legal Education for a direction about your academic qualifications and practical legal training in the form of an affidavit. A statutory declaration or other type of statement will not be considered by the Council A sample affidavit is set out a _Affidavit_for_Overseas_Practitioner.pdf Your affidavit must contain information about each of the matters mentioned in that sample You must provide original or duly certified copies of your Academic record and the results obtained in any Practical Legal Training Course All applications for skills assessments must be attached with the corresponding fee of $400 for overseas practitioner applicants by way of either Australian or International bank cheque or money order. Any application received without the corresponding fee will be returned You must send your application by registered post to: The Chief Executive Officer, Council of Legal Education and Board of Examiners, Ground Floor, 451 Little Bourke Street, Melbourne VIC 3000, Australia For information on exemptions from academic requirements and training go to overseas_applicants_2/how_to_apply_for_an_exemption/

8 After you have complied in full with any directions given by the Council, you must lodge certain other documents with the Board of Examiners and pay certain prescribed fees. The Board of Examiners will then decide whether you are a person of good reputation and character and a fit and proper person to be admitted to the legal profession in Victoria. 3.3 Getting Admitted in Queensland Solicitors seeking admission in Queensland need to make an application to the Legal Practitioners Board for an assessment of their overseas legal qualifications. Applicants are required to successfully complete approved academic qualifications which are mandatory in Queensland and are identified as lacking in their academic qualifications obtained overseas. How to make an application: submit a completed application form (Form 12) as well as your original academic transcript provide certified copies of relevant documents provide a certified copy of your passport ID page The Board will not accept scanned copies of documents via all documents must be provided in hard copy only. Your application, along with an extra copy of all your documents should be sent to: Legal Practitioners Admissions Board, GPO Box 1785, Brisbane QLD 4001 There is no fee for an assessment of your academic qualifications. Practical Legal Training requirements may be satisfied after completion of approved legal training requirements. In order to assess practical legal training, the Admissions Board considers the extent to which your legal training completed in a foreign country satisfies the minimum criteria for admission in Queensland. If the Admissions Board determines that you are required to complete supplementary practical legal training, it can be completed by working as a supervised trainee for a minimum of one year with a firm. The trainee needs to be supervised by one or more eligible supervisors. Alternatively, applicants may satisfy the practical legal training requirements by attending a full-time practical legal training course (usually 6 months full-time) at one of the accredited educational providers in this jurisdiction. To have your practical legal training assessed, you will need to submit a completed application form (Form 13) along with an original certificate of admission in another jurisdiction and your original transcript of results. In addition, you will need to provide certified copies of various documents. There is no fee for an assessment of your practical legal training. In addition to completing the academic and practical legal training requirements for admission, applicants are required to show the Admissions Board and the Court they are suitable for admission having regard to issues of good fame. All lawyers who are admitted overseas are required to provide, at the time of applying for admission in Queensland, original certificates of good standing from each jurisdiction in which they have been admitted and/or practiced and/or been employed in a law firm as well as original police history checks from every jurisdiction in which

9 they have resided. All certificates need to be dated not more than 2 months old from the date of admission and are to be provided in conjunction with a detailed affidavit including a chronology of the applicant s residential, occupational, and practicing history in all jurisdictions. Once the Admissions Board has considered an application for admission, it will make a recommendation to the Supreme Court in relation to the application. 3.4 Getting Admitted in Western Australia Solicitors seeking admission in Western Australia must apply to the Legal Practice Board of Western Australia for recognition of their Irish qualification in order to be admitted to practice in Western Australia. In accordance with the Uniform Principles an applicant is not eligible to apply to the Board for assessment of an overseas legal qualification unless the person has been admitted to practice overseas. How to make an application: You must lodge Form A8 for assessment of your academic qualifications. In assessing an application the Board will have regard to the Uniform Principles. The Board will issue an assessment statement outlining the further academic study that is required. All overseas qualified applicants who are eligible to be admitted overseas, will be required to complete practical legal training in Western Australia following completion of the further academic study. An applicant who is eligible to seek exemption from some components of practical training may lodge a Form A9. All overseas qualified applicants will be required to satisfy the English Language Testing Requirements outlined in the Uniform Principles. All applicants will be required to complete either 12 months articles of clerkship or the College of Law Western Australian Practical Legal Training Course. Some overseas admitted applicants may be eligible to apply for exemption from components of practical training requirements applicants may lodge a Form 9A The Supreme Court must be satisfied that an applicant for admission is both eligible for admission and a fit and proper person to be admitted to the legal profession. For this purpose, the Supreme Court will usually rely on the advice of the Board. The Board will consider whether an applicant is a fit and proper person to be admitted when it considers the Application for Admission An applicant for admission must file a Motion Paper with the Supreme Court at least 2 months prior to the proposed admission date. Further information is published in the FAQ s section of the Supreme Court website under Admissions - ( ). Within 2 days of filing the motion paper at the Supreme Court the applicant must file a Form A10 with the Board. A copy of the motion paper filed at the Court must be attached to the Form A10, along with supporting documentation such as a police certificate, evidence of academic qualifications, etc. It is therefore suggested that an applicant collates the supporting documentation for Form A10 before lodging a motion with the Court.

10 3.5 State Legal Admission Authorities Provided below are copies of s regarding Qualification Assessments that Career Support has received from the Australian state legal admission authorities. From Admissions & Regulation Coordinator Legal Practice Board of Western Australia A person who is admitted in Ireland or who holds a law degree that meets the admission requirements in Ireland can apply for assessment. All other graduates would have to obtain a Bachelor of Law degree or a Juris Doctor degree from an approved Western Australian university. In assessing applicants the Board has regard to the Uniform Principles for Assessing Qualifications of Overseas Applicants for Admission to the Australian Legal Profession (Uniform Principles). The Uniform Principles are published on the following website ( In brief, there are 11 compulsory subjects and an Irish law graduate would usually be exempt from any of those subjects that were completed as part of their law degree. A person who had completed Post-Graduate legal qualification would generally only be eligible for exemptions from 4 or 5 of the required subjects, where a person who completed an undergraduate law degree may be eligible for exemptions from up to 10 of the subjects. It varies according to the subjects taken. Exemptions are not given on the basis of subjects completed as part of a Legal Practice Course. All overseas qualified applicants are required to complete Constitutional Law in Australia. Following completion of the academic subjects the applicant would also have to complete an approved practical legal training (PLT) course. A person admitted in Ireland may get some exemptions from components of the PLT course. An individual will not know exactly what they would be required to do until they have been through the assessment process. From the Business Manager Council of Legal Education & Board of Examiners, Victoria All Irish qualified solicitors are eligible to apply to COLE for a skills assessment. We then determine what further academic study and practical training they are required to complete on the basis of their existing qualification and experience. An applicant who has not been admitted in Ireland must have completed a tertiary course leading to legal practice in their own jurisdiction, which is substantially equivalent to a three-year full-time law course that leads to admission to the legal profession in Australia. Therefore, applicants from Ireland could apply for a skills assessment having completed a non-law undergraduate degree as long as they have also completed the legal study required for admission in Ireland. See Uniform Principles for further information.

11 From the Policy Lawyer Law Council of Australia The Law Council is in the process of developing a website campaign to attract lawyers to work in rural, regional and remote ( RRR ) areas of Australia. This website will include a portal for interested lawyers to get in contact directly with practices that are looking to recruit lawyers in such areas. The Law Council hopes to launch this website later this year, and information and updates regarding this initiative will appear on the Law Council s website as and when available (for which I provide the URL address below for your reference). [URL: ; ] 3.6 Trans-Tasman Mutual Recognition Arrangement Under the Trans Tasman Mutual Recognition Arrangement, a person registered to practise as an Australian Lawyer is entitled to practise in New Zealand, and vice versa, without the need for further testing or examination. 4. WORKING IN AUSTRALIA Graduate lawyers working in private practice (excluding top tier firms) typically earn in the range of $40-60,000pa. Entry-level paralegals and legal secretaries can expect to earn circa $30-40,000pa. In-house recruitment is still active and there is demand for Energy/Resources/Property Lawyers in Perth and Brisbane. The best employment opportunities exist in rural Australia particularly Victoria and the Northern Territory. 4.1 Legal Market in Australia Information - Courtesy of the Hays Salary Survey Market Changes Australia s legal market has emerged from a turbulent 2009 and early Last year we saw continued redundancies, reduced working hours, performance management and a very shaky jobs market. But by late 2009 the market significantly improved and demand for Lawyers increased across the board. We have now returned to a jobs rich market. From top tier to small firms, private practice as well as in-house and government all are recruiting again. The most noticeable change has been an increase in demand in specialist areas such as property, corporate, commercial, and most noticeably banking and finance. As the financial services market recovers there is an increasing demand for good banking and finance Lawyers both in-house and with firms. All states are experiencing a steady flow of candidates returning from the UK, while there has been an increase in the number of candidates qualified in the UK and USA that seek a role in Australia to benefit from our strong economy.

12 Changes to Recruitment Practices Employers have become very selective as they want to ensure they recruit the right candidate. The recruitment process has lengthened as a result. In some cases employers are producing business cases on the feasibility of roles and on a candidate s ability to add value immediately. While the economic improvement has seen candidates enter the job market and change roles once more, the shortage of good quality top tier candidates remains. Employers consequently need to make swift decisions and shorten the length of their recruitment process in order to secure the top candidates. Given rising vacancy activity, retention is the biggest challenge facing employers. Counter offers are becoming increasingly common as a result. In some instances candidates are receiving a counter offer of up to 40 per cent of their salary. Positions in Demand Work volumes have increased within corporate, banking, energy and resources, property, construction, P&E and commercial law areas nationally. State-by-state, Western Australia is experiencing huge demand for talented energy and resources as well as construction Lawyers, with many firms recruiting in preparation for the next resources boom. Within Victoria, the government is actively recruiting for large-scale litigation matters such as the Royal Commission into the Bushfires. New South Wales reports that compliance is experiencing huge growth as companies build strong compliance frameworks and policies. Queensland has seen demand within corporate, banking, energy, resources and construction, with in-house roles also increasing noticeably. Public Sector Trends Opportunities in the legal divisions of all levels of government have been steady over the year, with particular demand coming from insurance and litigation, as well as commercial and contracts law. Recruitment freezes and reduced budgets impacted governments across Australia, which saw contract roles increase. Given the economic rebound, such contracts will be an excellent way to gain public sector experience. Salary Movements Salaries were frozen in most firms last year. Moving forward we expect salaries to move by around three to five per cent, with larger increases offered in exceptional circumstances. Those Lawyers whose salaries have been stagnant for a long period of time are likely to receive a larger salary increase. These increases are due to a growing economy with many firms offering competitive packages to secure talent and increasing salaries at performance reviews in order to retain staff.

13 Advice Regarding Salaries Although salaries are increasing and employers are keen to secure talent, the economy is not yet booming, so it is important to remain realistic and flexible in your salary expectations. Employers are also working to retain their current staff so salaries for any new hires will be relatively modest and in line with existing staff salaries. We advise law students and first year solicitors to gain as much experience as they can. 4.2 Information on Pay Rates Two good surveys of salaries being paid in Australia can be accessed directly at: er_type - compare salaries by searching via number of years qualified, location and other criteria. - the Hays Salary Survey is derived from over 10,000 job vacancies and collected from 32 locations in Australia and New Zealand. Salaries quoted reflect those actually being paid or offered by employers over the past 12 months. 5. GENERAL INFORMATION 5.1 Australia s Strengths as a Work Location Legal Recruitment still is active in most areas of Australia Average salary for newly qualified solicitor is $65,000 Australia is known for its natural beauty and great weather It is an immigrant-friendly country. Over 20 percent of the population is made up of immigrants and 130,000 people move there every year Australia has a low unemployment rate compared to other nations, according to the Australian Bureau of Statistics 5.2 Australia s Weaknesses as a Work Location Location/Distance from Ireland Varied responses re elements that must be completed for each individual who applies for assessment of their legal qualifications Long term visa restrictions Strength of the Australian dollar making Sydney a more expensive place to live.

14 5.3 Recruitment Websites Useful links Citizenship and Immigration Australia The Law Council of Australia - Law Society of New South Wales - Law Society of Queensland - Law Society of Western Australia - The Law Institute of Victoria - Law Society Northern Territory - The Law Society of South Australia - Lawyers Weekly - Federal Court of Australia - Federal Magistrates Court of Australia - High Court of Australia - Australia Law Students Association -

15 6. ADVICE PROVIDED BY COLLEAGUES Irish solicitors living in Australia and others who have spent time there have provided a wide range of information that they want made available to colleagues. This is laid out below. 6.1 General Tips In relation to finding work, the adage of "It s not what you know, it s who you know" is as true here as it is on the auld sod. There are a large number of ex-pat business networking associations that should be joined, the best known being, the Lansdowne Club - Send out CVs and contact as many recruitment agencies as possible prior to traveling so at least you have the ball rolling prior to arrival. One may have to take a "paralegal" role initially to get the foot in the door with employers until you are admitted but if you are undertaking transactional work, it should not be a big issue. All documents that are submitted by an applicant, along with their application for assessment of legal qualifications must be certified copies or they will not be accepted by the relevant state assessment body. 6.2 Information about New South Wales A colleague who lives in New South Wales provided us with the following information: The following is my advice. In short I wouldn't be packing my bags just yet as I know of a few people who arrived in the last while and just haven't found anything here. The thing is there are still loads of Australian candidates in the market as there were rounds of redundancies in early '09. Employers will undoubtedly look to them first as less hassle with visas and admission costs here. Visa You can't get the skilled migrant visa as an Irish/British qualified solicitor, to be eligible for the skilled migrant you need to be admitted in NSW or whatever State you want to work in. That leaves the 457 Long Business Stay visa - a sponsored visa which has to be applied for by your employer. Most people start off on the working holiday visa and then when they get a job they might get sponsored (if their employer is willing to do so, usually costs about 4,000 for an employer to get it for you) The Jobs Market Like the rest of the world, isn't great for solicitors here. At the moment a lot of it is pure luck finding a role as the market still isn't great. However things are picking up and people are cautiously optimistic, Australia was never technically in recession but a lot of firms did make redundancies earlier in the year so might take a while. If you're coming over in the next few months things might be a lot different as things are markedly different here than they were 18 months ago.

16 Recruiters I find most of them aren't great, will probable give you a dismal assessment and won't bother further with you. Getting Admitted If you're coming over you're likely to want to be admitted here so I'd better warn you about a strange/unfair rule that some people have fallen foul of. The Rule provides that you must have been in active practice since being admitted as a solicitor in Ireland and if you have not been in active practice as a solicitor for more than 3 months, you will not get the benefit of being exempt from the Practical Legal Training (Blackhall equivalent) when you're applying to be admitted here. You will then have to undertake the full PLT course (cost AUSD10,000 and a few months) so it s important to get this exemption. If you finish your job in December and go travelling for more than 3 months without applying for your exemptions, you will fall foul of this rule. Check out and look at the PLT eligibility criteria link and the Uniform Principles for Admission. Get your application for academic and practical exemptions in to the LPAB as soon as you can. The application for academic exemption is by way of Form 16 and you submit your undergrad transcript with all the subjects you did. At the same time you should apply for the practical exemption by way of Form 17. You'll see the documents on the Form 17 which they need for this which include an employer s reference as well as Blackhall transcript of all the PPC1 and PPC2 subjects you did. This is the important one you need to submit and I'd get it in on or just after you've finished your apprenticeship. Time starts ticking and if you let it go past 3 months, you'll have to sit the entire PLT course. What you should do is look through the Uniform Principles. It is a long document but you need to read it to get a good understanding of what you need to do. You can also compare their required academic subjects against the ones you actually sat and see have you covered off enough of them. For example many people haven't done Evidence in their undergraduate degree, Evidence is a LPAB required subject and therefore they would make you do it. It doesn't take long for them to process the forms about a month or two but it depends on when the meetings are for the academic exemptions and practical exemptions, there are two separate committees for each of these which sit at two different times. The times they meet are on the LPAB calendar on the website. One other thing, they may require that you are in Australia when you are applying for your exemptions. Job wise I'd look on for vacancies and apply directly to firms. The Rule says to be in active practice you must "immediately before coming to Australia, was practising as an admitted practitioner in the applicant's home jurisdiction for a period of at least 3 months;"

17 Another colleague living in New South Wales provided the following information: Qualifying in NSW The Legal Profession Admission Board (LPAB) deals with all applications for admission as a lawyer in NSW. ( To be admitted as a lawyer in NSW firstly you must submit your academic qualifications and practical training experience to the LPAB for assessment. There is quite a lot of paperwork involved and the LPAB s board only sit a number of times a year. I would recommend applying to the LPAB prior to leaving Ireland if you intend on staying in Australia long term. The easiest comparison to Irish admission requirements is that that academic exams are similar to the FE-1s and the practical training exams are similar to the PPC1 in Blackhall. Most Irish applicants will be required to complete some of these exams unless you are a highly experienced solicitor with 10+ years experience. Academic Qualifications Irish solicitors are entitled to a number of exemptions from academic requirements. However, the LPAB update the rules for assessing applications for exemptions occasionally and it is important to check the LPAB website for updates Generally, the majority of Irish applicants will have to sit exams in Legal Ethics and Australian Constitutional Law. Once the LPAB advises you what subjects you must sit you must register as a student-at-law with the LPAB and enrol in the subjects you have been instructed to complete by the LPAB. There are a number of universities which run lectures to prepare you for the exams and the exams are held twice a year. Practical Training Qualifications Again Irish solicitors are entitled to a number of exemptions. However, most applicants will be required to sit exams in Legal Trust and Office accounting and Legal Ethics. The Practical legal training courses are conducted by a number of providers and further information is available from the LPAB website. The number of exams an Irish applicant will be required to sit will be assessed on the basis of the applicant s PQE. It is worth noting that if an applicant has less than 5 years PQE and have been out of continuous practice for 3 months the LPAB may require you to sit the entire Practical Training course. I fell foul of this as I spent 5 months travelling before arriving in Australia and lodging my application. Just keep this in mind before booking any extended holidays and for this reason I recommend you lodge your application prior to leaving Ireland.

18 Finding work in NSW / Best kind of jobs for Irish solicitors Currently the legal market in Sydney is quite competitive. A number of Australians have returned to Australia given the strength of the economy. Despite this there are still a number of opportunities for Irish solicitors. Temp office work is widely available through recruiters. Temp Work is always a good starting point which provides Irish solicitors with some exposure to Australian law and can open up further opportunities with firms. Recruiters that I found useful are Ranstad, Hays and Legal Personnel. It is always worth discussing opportunities with any friends or colleagues working in NSW as firms often prefer to hire on internal references. Currently there also appears to be a number of opportunities to practice in rural NSW. There is a shortage of qualified solicitors in rural areas. The Law Council of Australia is encouraging Irish solicitors to work in country Australia as part of an initiative to ease regional solicitor shortages and improve access to law in remote areas. I understand that, as part of the initiative, the Law Council of Australia will be developing a web portal to connect Irish lawyers with regional Australian firms. Getting sponsored for a long term visa This is pretty much down to your employer. Currently there still appears to be numerous opportunities for sponsorship in the legal market in NSW. The main thing is to be persistent and be up front with an employer. If your ultimate goal is sponsorship you must know if your employer is willing to offer sponsorship. Lawyers were taken off the list of skilled migrants in high demand a couple of years ago. Currently the Law Council of Australia is in active discussions with the Minister for Immigration to reinstate lawyers on the list of skilled migrants in high demand. This would make it easier for foreign lawyers to get Australian visas. However, the discussions are very much in the initial stages. There might be some further developments in this area in the coming months. The easing of restrictions may only apply to rural or regional work in NSW. Living in Sydney Pro s Generally my experience of Sydney and Australia is very positive. The Irish have generally a good reputation in Sydney as hard and capable workers. Legal recruiters are realising the qualities Irish solicitors can bring to a firm. The economy is still doing well but that still is not to say that jobs grow on trees in Sydney although it is obviously a much healthier market than Ireland. Needless to say the weather is great. Sydney is very much geared to the outdoors and in particularly in summer the beach. Australians are an active bunch and there are plenty of opportunities to play sports which are also a good way of getting to know people. The food is Sydney is also great and the influx of immigrants brings a real international flavour to the cuisine.

19 Con s On the downside the strength of the Australian dollar has meant that Sydney is becoming a more expensive place to live. A number of friends who have visited have commented on this. Also finding accommodation can prove tricky if you wish to live close to the city Another colleague in New South Wales provided the following information: I am currently working as a paralegal while undertaking the necessary qualifications for admittance. Although I only moved to Australia in September, I have been involved in the qualification process for the last 2 years. Firstly you need to have your qualifications assessed, in New South Wales and the ACT it is undertaken by the Legal Profession Admission Board in Sydney, (I believe the cost is circa AUD$200) Arising from their assessment, I was required to undertake the following undergraduate courses: - Real Property - Constitutional Law - Professional Conduct - Administrative Law - Civil Procedure The assessment is based on the content of the candidate s transcripts; however no one is exempted from Constitutional Law or Professional Conduct. Since I was assessed in 2008 automatic dispensations for Property Law are available for those with a UK degree. Additionally, the candidate then needs to be assessed in respect of their professional skills (cost again circa AUD$200). Whilst exemptions are available for those with substantial experience, no exemptions are granted in respect of legal Ethics and Solicitors Accounts. The courses required can be undertaken online and I have undertaken all of the undergraduate courses through the University of New England. The cost is circa AUD$1,400 per course. The Professional Skills courses can also be undertaken online with an average cost of AUD $650 per course. The most important thing to get across is that the process takes time and can be expensive and this in addition to the cost and time it takes to get an appropriate visa. Also, once qualified, your practicing certificate is restricted for a period of 2 years. Another colleague currently in the process of qualifying in New South Wales provided us with the following information: My story is that I arrived in Melbourne Australia in November I spent three months in Melbourne looking for work, legal or otherwise. I was on the computer every day for that period sending out my CV, without success. I sent after without response. Then one day I got an asking would I be interested in moving to Sydney for work, I telephoned the lady and within about two weeks I did an interview and made the move to Sydney.

20 I started working as a Para-legal in March 2010 and am still here. It s a small firm that does conveyancing and litigation and some other legal work. I was sponsored in December 2010 and am now looking into getting qualified. However, this seems like a great ordeal and the admissions board here seem to be very interested in receiving their fees but not in giving you the information you require. I have been told that I will need to do 4 academic subjects and 2 practical with a combined cost of about $3, This is going to take around 1 year to 1 1/2 years to complete. (Not an easy process) I won't deny that it was a strike of luck getting employment in Australia. There seems to be plenty of work for trades people however because of qualification restrictions I can not say the same for legal sector. Although going on reports from home I don't think there is anything to lose by giving it a go out here. It is an amazing country. 6.3 Information about Victoria A colleague who is working in Melbourne as a legal practitioner provided us with the following information: The road to admission was not a quick or easy one. Each State has its own Counsel of Legal Education that evaluates foreign practitioner's qualifications and work experience. I have a number of education qualifications including being admitted to the New York Bar, holding a law and masters of law degrees from UCD, yet I was directed to undertake further exams in 3 of the 8 law subjects required for admission in Victoria. The three subjects were Administrative law, Constitutional law and Property Law. I was further directed to undertake 12 months of supervised legal practice prior to admission, despite the fact I had worked in London for a number of years as a fully qualified solicitor. These directions appear to be the norm in Victoria. I am friendly with another Australian Legal Practitioner who is a number of years older than me and originated out of South Africa where he ran his own law firm for many years. He was directed to undertake further exams in 5 of the 8 law subjects and also to complete 12 months of supervised legal practice prior to admission. Therefore, anyone moving from Ireland to Victoria should expect a similar outcome. They should also note that following admission in Victoria, a newly qualified practitioner can be required to complete up to a further 18 months of supervised practice following their date of admission. Depending on the practitioner's circumstances, this may not be an issue. I work in tax so I was the only legal practitioner in the practice and it presented difficulties for me. An exemption to this post admission supervision can be applied for and thankfully I was granted such an exemption.

21 A couple of points worth adding which are positive, the subjects that I had to take exams in are offered as off-campus subjects at universities in Victoria so I did not have to attend lectures, got the notes online with the university and just showed up for the exam. So it is possible to work getting your supervised practice time underway while doing the exams at the same time. That is how I did it. I was also very fortunate in that my employer paid me commensurate rates for someone of my PQE years based on my time in London while I was completing the supervised practice time. I was also able to continue working in my area of expertise and did not have to do time in specific areas like we had to during our traineeship for the Law Society. On the other hand, the colleague from South Africa that I mentioned could only find unpaid supervised practice work. However, he is now a partner in a medium sized law firm here in Melbourne so it worked out well for him ultimately. Similarly, I am also now a partner in a tax practice. So while it was some hassle to obtain admission and my practising certificate, it was certainly worthwhile. 6.4 Information about Queensland A colleague working in Brisbane as a Law Clerk provided the following information: I am currently in Australia. I arrived here 12 months ago on a 1 Year Working Holiday Visa. I was lucky enough to secure work as a Law Clerk in a Brisbane firm for 6 months. My employer then agreed to sponsor me and I entered into the process of registering as a Solicitor in Queensland. However, the huge commitment of time and money has resulted in me resigning my position. I will leave Australia in the next two weeks. I did a Postgraduate Diploma in Legal Studies before deciding to become a solicitor. My qualifications were assessed by the Legal Practitioners Admission Board and I was advised I must complete study in seven further areas of knowledge. One of those areas of knowledge was Torts which is split into two units/subjects. I had to complete undergraduate units in eight subjects which is in effect 1 year of a full-time undergraduate law degree. The cost per unit as an international student was $2616 each. A condition of my visa is that I must work full-time so that meant I would have to undertake my study externally/online by night and at weekends. This would have realistically taken me two years to complete after which I would have had to complete my Practical Legal Training course. Again this can be done externally/online and takes 1 year part-time. I had always committed to three years in Australia and then I would make a decision on my long term future. I couldn't possibly engage in the registration process and become indebted because of it when I didn't know if I would even remain in Queensland to practice as a solicitor.