Recent Consultations

Admission of foreign lawyers

3 October 2023

The Legal Services Council’s Admissions Committee invites written submissions on:

  • a proposed rule to amend the Legal Profession Uniform Admission Rules 2015 in relation to the admission of foreign lawyers to the Australian legal profession, and
  • a draft Council guideline on conditional admission of foreign lawyers.

Click here (PDF, 904.7 KB) (PDF, 904.7 KB) for the consultation paper.

Submissions can be sent to submissions@legalservicescouncil.org.au on or before 6 November 2023.

Submissions may be published on the Council’s website unless you ask for your submission to be treated as confidential.

Status

On 16 May 2024, the Legal Services Council made a Guideline on conditional admission. The Guideline was issued by the Council to designated local regulatory authorities exercising functions under section 20(1) of the Legal Profession Uniform Law. The Guideline is available here. (PDF, 131.7 KB)

On 15 May 2025, the Legal Services Council made the Legal Profession Uniform Admission Amendment (Qualifications) Rule 2025 and accompanying Guideline (PDF, 259.7 KB).

The Rule provides guidance to the admitting authorities on factors to take into account when considering whether a foreign lawyer is eligible for an exemption under s 18. The Guideline sets out further detail on the operation of the Rule.

Both the Rule and Guideline will commence on 1 July 2025. 

Consultation on conditional costs agreements

Date issued: 18 July 2022

The Legal Services Council invites submissions on the draft Legal Profession Uniform Amendment (Conditional Costs Agreements) Rule (No 2) 2022 which would prohibit the use of conditional costs agreements in relation to proceedings under the following legislation: 

  • Guardianship Act 1987 (NSW)
  • Guardianship and Administration Act 2019 (Vic)
  • Guardianship and Administration Act 1990 (WA)
  • Adoption Act 2000 (NSW)
  • Adoption Act 1984 (Vic)
  • Adoption Act 1994 (WA)
  • Children and Young Persons (Care and Protection) Act 1998 (NSW)
  • Children, Youth and Families Act 2005 (Vic)
  • Children and Community Services Act 2004 (WA)
  • Child Support (Assessment) Act 1989 (Cth).

The Council also invites submissions on the continuation of the prohibition on conditional costs agreements in proceedings that involve the Family Court Act 1997 (WA). 

Submissions can be sent to submissions@legalservicescouncil.org.au on or before Friday, 19 August 2022, and may be published on the Council’s website unless you advise us otherwise. 

Click here for the consultation paper (PDF, 901.2 KB).

Submissions received

Status

The Council is considering the submissions received in response to this consultation. 

Consultation on proposed changes to the Admission Rules

Date issued: 23 June 2021

The Legal Services Council's Admissions Committee invites submissions on the draft Legal Profession Uniform Admission Amendment (Qualifications) Rule 2021 which is proposed to amend the Legal Profession Uniform Admission Rules 2015 by altering the words of rules 5, 6 and 11 and by adding new rules 6A and 11A. 

Submissions can be sent to the Committee at submissions@legalservicescouncil.org.au on or before Friday 30 July 2021, and will be published on the Council's website unless advised otherwise.

Click here for the consultation paper (PDF, 1021.4 KB). 

Status

The Admission Committee is considering proposed changes to the Admissions Rules following the conclusion of this consultation.

Consultation on Uniform General Rules 91B and 91BA

Date issued: 7 May 2021

The Legal Services Council invites submissions on the draft Legal Profession Uniform General Amendment (Managed Investment Schemes) Rule 2021 which amends rules 91B and 91AB of the Legal Profession Uniform General Rules 2015. 

Submissions can be sent to the Council at submissions@legalservicescouncil.org.au on or before 7 June 2021, and will be published on the Council's website unless advised otherwise.

Click here for the consultation paper (PDF, 1.1 MB). 

Submissions received

Status

On 20 August 2021, the Legal Profession Uniform General Amendment (Managed Investment Schemes) Rule 2021 commenced. The Rule amends rules 91B and 91BA of the Legal Profession Uniform General Rules relating to managed investment schemes. 

Consultation on interest rate payable on fidelity fund claims

Date issued: 20 August 2020

Part 4.5 of the Uniform Law provides for a fidelity cover scheme, which is a system that provides a source of compensation for clients who have lost trust money or trust property as a result of a default of a law practice. 

The interest rate on fidelity fund claims is fixed by section 243(2) of the Uniform Law in the absence of specific provision in the Uniform General Rules.

The Legal Services Council considers it appropriate to reduce the interest rate from the current rate of 5% for the following reasons:  

  • The current rate does not reflect the rate of return which can be achieved by investing the corpus of the fidelity fund.
  • Paying out disproportionately high amounts of interest, particularly on high-value claims, is problematic because it decreases the sustainability of the fidelity fund.
  • This would more closely represent the rate of return which claimants might have expected to achieve had the claim been allowed immediately after it was made.
  • Applying a formula to calculate the interest payable better reflects the policy reasons for paying interest irrespective of the economic conditions at the time.  

Submissions can be sent to the Council at submissions@legalservicescouncil.org.au on or before 18 September 2020, and will be published on the Council's website unless advised otherwise.

Click here for the Consultation Paper (PDF, 809.5 KB). 

Submissions received

Status

On 30 July 2021, the Legal Profession Uniform General Amendment (Interest Rate) Rule 2021 commenced. The Rule provides that, for the purpose of section 243 of the Uniform Law, the interest rate payable on fidelity fund claims is equivalent to the Reserve Bank of Australia cash rate plus 1%. The interest rate applies to claims made after the commencement of the Rule.  

Consultation on proposed amendments to the Legal Profession Uniform Law

Date issued: 31 January 2020

The Legal Services Council invites feedback on proposed amendments to the Legal Profession Uniform Law.

The proposals aim to:

  • clarify the effect and operation of certain provisions
  • enhance protection of consumers of legal services
  • empower clients to make informed choices about costs
  • expand the category of people who can make consumer complaints
  • remove the potential for unintended consequences and perverse outcomes to arise
  • improve administrative efficiencies, and
  • resolve inconsistencies and drafting anomalies. 

Click here for the Consultation Paper (PDF, 223.5 KB).

Submissions can be sent to the Council at submissions@legalservicescouncil.org.au on or before Friday, 28 February 2020, and will be published on the Council's website unless advised otherwise.

Submissions received 

Status

The Council is developing proposals for legislative amendment following the conclusion of this consultation. 

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