Practising Down Under: UK-Australia Free Trade Agreement Could Allow UK Lawyers to Practise Abroad

It is no secret that Australia is one of the most sought-after destinations for Britons seeking to emigrate – the Australian government reported that at the end of June 2018, almost 1.2 million people living in Australia were born in the UK, making it the largest migrant community in the country. Unfortunately for UK lawyers, those wishing to provide their legal services in Australia are faced with the barrier of re-qualifying, satisfying rigid requirements which can often act as a deterrent for individuals looking to relocate.

However, an upcoming free trade agreement (FTA) between the UK and Australia has come with the promise of the recognition of UK professional qualifications across several sectors, meaning that UK lawyers would be able to practise in Australia without the tedious re-qualification process (per Law Gazette), potentially opening the door to more opportunities for UK lawyers to work abroad.

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The Current Position – Re-Qualifying in Australia

In order to practise law in Australia, an individual must (i) be admitted as a lawyer of the Supreme Court of an Australian State or Territory, and (ii) hold a practising certificate.

The process of being admitted as a lawyer for Brits who have already completed a law degree or even qualified in the UK can vary from State-to-State – in New South Wales, for example, qualifications will be considered by an Academic Exemptions Sub-Committee, and individuals may be required to undertake further academic study, such as a Diploma in Law, which can come at a cost of AUS $20,000 to complete.

Similarly, obtaining a practising certificate will vary depending on the State in which the individual wishes to practise. In Australian Capital Territory (ACT), applicants must show their Certificate of Admission as well as a certificate of good standing from their relevant jurisdiction. Certificates must be renewed each year and can come at a cost of up to AUS $1295.

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The Agreement

The UK-Australia FTA will allow for the recognition of UK professional qualifications across several sectors, including law (per the Law Gazette). As explained above, British lawyers looking to practise in Australia will often have to undergo a costly re-qualification process, however there is now a promise of greater cooperation between regulatory bodies which could help tackle remaining barriers to qualification (per the Law Society).

However, the FTA is yet to be finalised, meaning some issues remain unclear. One such issue is data protection – the Law Society emphasise the importance of data protection particularly in the legal sector, with issues such as client confidentiality and legal professional privilege being central to the work of a lawyer. To this end, the Law Society have raised concerns at how such data protection could be threatened by, for example, cross-border data flows, and it remains unclear how the UK and Australian governments will seek to safeguard data protection through the agreement.

Further still, as the Law Society again point out, the lack of a final text means that it cannot be said just how far the promise of qualification recognition will go, or whether UK lawyers will still be required to undertake further study to practise in Australia.

Outside of the legal sector, one positive note made by the Law Society is that the agreement brings the UK potentially closer to joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) – this agreement between eleven countries, including Australia and Canada, involves participants agreeing to follow certain rules (such as adhering to particular food safety regulations) in exchange for greater market access amongst participant countries, such as reduced trade tariffs. In the context of post-Brexit Britain, this appears to be a promising step towards international trade.

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Although the lack of final text spares us of vital details regarding the extent of qualification recognition, the UK-Australia FTA appears to be a promising step for UK lawyers towards a closer union with foreign jurisdictions.