Migrating to Oz as a solicitor?
Mar 30th 2006 | 7:22 am
#1
Thread Starter
Taking first steps...
Joined: Mar 2006
Posts: 49
From: Harrogate to Perth hopefully!
Migrating to Oz as a solicitor?
Has anyone ever managed this successfully? I am a qualified lawyer and if I understand it correctly although it is on the SOL at 60 points you cannot get a positive skills assessment unless you have been admitted as a Solicitor in Australia? I have heard that it is virtually impossible to emigrate to Oz as a lawyer . Anyone managed it? 
Mar 30th 2006 | 7:44 am
#2
Forum Regular
Joined: Aug 2005
Posts: 142
From: Western Suburbs
Re: Migrating to Oz as a solicitor?
Originally Posted by Meryn & Steve
Has anyone ever managed this successfully? I am a qualified lawyer and if I understand it correctly although it is on the SOL at 60 points you cannot get a positive skills assessment unless you have been admitted as a Solicitor in Australia? I have heard that it is virtually impossible to emigrate to Oz as a lawyer . Anyone managed it?
Michelle
May 1st 2006 | 3:37 am
#3
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Joined: Nov 2005
Posts: 1,003
From: Melbourne's Inner North
Re: Migrating to Oz as a solicitor?
sorry can't really help much.
will be a full-time law student here as of next year and all I know is that when i finish my courses (am going to to a professional legal training course so i can bypass articles) i will be eligble for admission to the QLD bar, which equates to a positive skill assessment.
there was something on the SOL pdf (from www.immi.gov.au) about how you get a skills assessment if you've not already been admitted to an aus bar.
like i said.... not much help really!!!
will be a full-time law student here as of next year and all I know is that when i finish my courses (am going to to a professional legal training course so i can bypass articles) i will be eligble for admission to the QLD bar, which equates to a positive skill assessment.
there was something on the SOL pdf (from www.immi.gov.au) about how you get a skills assessment if you've not already been admitted to an aus bar.
like i said.... not much help really!!!
May 2nd 2006 | 8:58 am
#4
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Posts: 1
Re: Migrating to Oz as a solicitor?
Originally Posted by Meryn & Steve
Has anyone ever managed this successfully? I am a qualified lawyer and if I understand it correctly although it is on the SOL at 60 points you cannot get a positive skills assessment unless you have been admitted as a Solicitor in Australia? I have heard that it is virtually impossible to emigrate to Oz as a lawyer . Anyone managed it?
May 10th 2006 | 2:06 am
#5
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Joined: Nov 2005
Posts: 1,003
From: Melbourne's Inner North
Re: Migrating to Oz as a solicitor?
right I've had a bit of a hunt round as well and got the following from the NSW Legal Profession Admission Board
Category 2: rule 97(2), paragraphs (c) and (d)
An applicant who has undertaken training in England, Wales, Northern Ireland or Scotland is regarded as having completed the academic requirements for admission to practice if they have completed either a degree in law or the Common Professional Examinations, followed by the Legal Practice Course.
A person in this category is normally required to take such of the following subjects as are not substantially equivalent to subjects which they have taken as part of their earlier studies.
Legal Institutions
Contracts
Torts
Criminal Law
Real Property
Equity
Australian Constitutional law
Commercial Transactions
Administrative Law
Company Law
Evidence
Civil Procedure
Legal Ethics
Category 3: rule 97, paragraph (e)
A person in this category has completed all of the academic requirements and any practical legal training requirements for admission to practice in their home jurisdiction, has been formally admitted to practice and has spent some time in practice.
The guidelines relating to applicants in category 2 normally apply also to applicants in category 3. However an applicant in this category who has been in sufficiently general practice for a period of not less than five years in a common law jurisdiction or a jurisdiction such as South Africa where the common law has had a significant influence may not be required to study Australian Constitutional Law. A period spent as a trainee solicitor or under articles in England and Wales, or its equivalent in another jurisdiction, does not count as part of the five year period.
Applications are commonly received from persons who have met the academic requirements for admission or been admitted in the following jurisdictions. Subject to the immediately preceding paragraph, the applicants are normally required to take the subjects indicated.
England, Wales and Northern Ireland - Australian Constitutional Law
Scotland - Real Property, Equity, Australian Constitutional Law and Evidence
A person who has attained legal qualifications overseas and wishes to apply for assessment/meet requirements for admission, should read the assessment guidlines (part of which is posted above) before proceeding as follows:
apply for academic exemptions, using Form 16;
enrol for, and undertake, the required academic subjects;
before completing the academic subjects, where applicable, apply for exemption from practical training using Form 17, OR, complete an acredited practical training course;
on completion of requirements apply for admission using Form 11. Applications for admission must be accompanied by two character references in Form 3A.
All forms available here
Immigration authorities have indicated to the Board that the assessment that they will find satisfactory is one that says '(applicants name)' has been admitted as a legal practitioner in NSW and, in the opinion of the Board, has suitable skills for a legal practitioner. Therefore, in order to obtain a "Skilled Migration Letter", a person will need to have overseas qualifications assessed in accordance with rules 97 and 98 of the Legal Profession Admission Rules 2005 and then be admitted as a lawyer.
Specific Advice for applicants from the UK is available in this PDF
If anyone needs another state I don't mind having a look now that i've got all the pages book marked!
..... and this was meant to be my night off from law!!! no such thing eh!
Category 2: rule 97(2), paragraphs (c) and (d)
An applicant who has undertaken training in England, Wales, Northern Ireland or Scotland is regarded as having completed the academic requirements for admission to practice if they have completed either a degree in law or the Common Professional Examinations, followed by the Legal Practice Course.
A person in this category is normally required to take such of the following subjects as are not substantially equivalent to subjects which they have taken as part of their earlier studies.
Legal Institutions
Contracts
Torts
Criminal Law
Real Property
Equity
Australian Constitutional law
Commercial Transactions
Administrative Law
Company Law
Evidence
Civil Procedure
Legal Ethics
Category 3: rule 97, paragraph (e)
A person in this category has completed all of the academic requirements and any practical legal training requirements for admission to practice in their home jurisdiction, has been formally admitted to practice and has spent some time in practice.
The guidelines relating to applicants in category 2 normally apply also to applicants in category 3. However an applicant in this category who has been in sufficiently general practice for a period of not less than five years in a common law jurisdiction or a jurisdiction such as South Africa where the common law has had a significant influence may not be required to study Australian Constitutional Law. A period spent as a trainee solicitor or under articles in England and Wales, or its equivalent in another jurisdiction, does not count as part of the five year period.
Applications are commonly received from persons who have met the academic requirements for admission or been admitted in the following jurisdictions. Subject to the immediately preceding paragraph, the applicants are normally required to take the subjects indicated.
England, Wales and Northern Ireland - Australian Constitutional Law
Scotland - Real Property, Equity, Australian Constitutional Law and Evidence
A person who has attained legal qualifications overseas and wishes to apply for assessment/meet requirements for admission, should read the assessment guidlines (part of which is posted above) before proceeding as follows:
apply for academic exemptions, using Form 16;
enrol for, and undertake, the required academic subjects;
before completing the academic subjects, where applicable, apply for exemption from practical training using Form 17, OR, complete an acredited practical training course;
on completion of requirements apply for admission using Form 11. Applications for admission must be accompanied by two character references in Form 3A.
All forms available here
Immigration authorities have indicated to the Board that the assessment that they will find satisfactory is one that says '(applicants name)' has been admitted as a legal practitioner in NSW and, in the opinion of the Board, has suitable skills for a legal practitioner. Therefore, in order to obtain a "Skilled Migration Letter", a person will need to have overseas qualifications assessed in accordance with rules 97 and 98 of the Legal Profession Admission Rules 2005 and then be admitted as a lawyer.
Specific Advice for applicants from the UK is available in this PDF
..... and this was meant to be my night off from law!!! no such thing eh!
May 10th 2006 | 2:23 am
#6
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Joined: Nov 2005
Posts: 1,003
From: Melbourne's Inner North
Re: Migrating to Oz as a solicitor?
actually while i'm on a roll...
Meryn&Steve - the WA Legal Practice Board is here http://www.lpbwa.org.au/
had a bit of a look at their site but couldn't really make head nor tale of it... and then it referred me to a WA Act and I've had too much wine to even tackle that!!
good luck
Meryn&Steve - the WA Legal Practice Board is here http://www.lpbwa.org.au/
had a bit of a look at their site but couldn't really make head nor tale of it... and then it referred me to a WA Act and I've had too much wine to even tackle that!!
good luck
May 10th 2006 | 3:25 am
#7
Thread Starter
Taking first steps...
Joined: Mar 2006
Posts: 49
From: Harrogate to Perth hopefully!
Re: Migrating to Oz as a solicitor?
Thanks for all your hard work. I still think though from what I have read of what youfound out that in order to get that positive skills assessment you have to be "admitted" in NSW and that involves doing the Aussie constitutional law etc subject at an Aussie uni. This would mean that you hve to be physically present in that State to do the studying. I don't believe you can do it by distance (very long distance) learning. Unless I am mistaken?
May 10th 2006 | 3:28 am
#8
Thread Starter
Taking first steps...
Joined: Mar 2006
Posts: 49
From: Harrogate to Perth hopefully!
Re: Migrating to Oz as a solicitor?
OH right I see the relevance of ths bit at the end now. It looks like English solicitors only have to do Aussie Constitutional Law (and not Evidence as I thought) and if you have been qualified for 5 years this may be dispensed with? Good to know. I have been qualified for nearly 3 years so bit of a wait on my hands I guess? Still, England is not so bad at the moment as the sun is shining!
May 10th 2006 | 8:37 pm
#9
BE Forum Addict
Joined: Nov 2005
Posts: 1,003
From: Melbourne's Inner North
Re: Migrating to Oz as a solicitor?
yeah i think that's generally what they're implying!
if it's any use my australian constitutional law course thingy costs just over AUD$2800
that's at Bond Uni on the Gold Coast, and the unit takes 12 weeks (+exam to complete). Bond's a private Uni and very geared for international students.
how you'd get into australia to complete that course I don't know - but there must be some way!! (and i'm sure the people at bond would know!
if it's any use my australian constitutional law course thingy costs just over AUD$2800
that's at Bond Uni on the Gold Coast, and the unit takes 12 weeks (+exam to complete). Bond's a private Uni and very geared for international students.
how you'd get into australia to complete that course I don't know - but there must be some way!! (and i'm sure the people at bond would know!
May 10th 2006 | 8:39 pm
#10
BE Forum Addict
Joined: Nov 2005
Posts: 1,003
From: Melbourne's Inner North
Re: Migrating to Oz as a solicitor?
and i don't think you could do it long distance as seminar attendence counts towards marks!
May 16th 2006 | 12:56 am
#11
G'day Mate
Joined: May 2004
Posts: 419
From: London for now, Australia soon.
Re: Migrating to Oz as a solicitor?
Thanks Yosemite... Was looking for this info as well... 
Great help, once again thanks
Great help, once again thanks
May 16th 2006 | 1:14 am
#12
BE Forum Addict
Joined: Nov 2005
Posts: 1,003
From: Melbourne's Inner North
Re: Migrating to Oz as a solicitor?
Have found a uni that seems to do a lot of distance learning courses and claim that more than 1/2 of their enrolled students do their courses online. they're used by the national institute of accountants for their professional/graduate courses so may be worth checking out.
University of New England, School of Law
despite name, it's actually in NSW!!
hope this helps!
University of New England, School of Law
despite name, it's actually in NSW!!
hope this helps!
