Author: Miyuru Asiri Dissanayake
Australian solicitor and Sri Lankan Attorney-at-Law
Many Sri Lankan Attorneys-at-Law and law graduates ask whether they can migrate to Australia and become solicitors.
The short answer is: yes, it may be possible. However, the pathway is not automatic. A Sri Lankan lawyer cannot simply arrive in Australia and start practising as an Australian solicitor. Overseas legal qualifications usually need to be assessed, and further Australian law subjects, practical legal training, admission and a practising certificate may be required.
This article gives a basic overview of the usual pathway.
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Can Sri Lankan lawyers become solicitors in Australia?
Yes. Sri Lankan lawyers may be able to become solicitors in Australia, but they must meet the admission requirements of the relevant Australian state or territory.
For example, in Victoria, foreign graduates or foreign lawyers who wish to practise Australian law must first apply to the Victorian Legal Admissions Board for a skills assessment. The process may be different in other states and territories, so it is important to check the requirements for the place where you intend to apply for admission.
Step 1: Understand that admission is not automatic
Sri Lankan admission or Sri Lankan legal experience does not automatically give a person the right to practise Australian law.
Australian admission authorities may consider matters such as your law degree, subjects completed, legal experience, practical training, English ability, character and suitability, and the jurisdiction where you apply.
This is why early planning is important. Before making study, career or migration decisions, you should understand what further steps may be required.
Step 2: Apply for assessment of overseas qualifications
The usual starting point is to apply for assessment of your overseas legal qualifications.
A Sri Lankan lawyer applying in Victoria would usually apply to VLAB for a foreign qualification assessment. That assessment may identify whether further Australian academic subjects or practical training are required.
You should prepare documents such as:
- university transcripts;
- subject outlines;
- admission certificate as Attorney-at-Law, if applicable;
- evidence of legal practice;
- identification documents;
- any other documents requested by the admitting authority.
Step 3: Complete any required Australian law subjects
After assessment, you may be required to complete some Australian law subjects.
These subjects are often connected with the prescribed academic areas of knowledge commonly called the Priestley 11. These include areas such as criminal law, contracts, torts, property, equity, company law, administrative law, constitutional law, evidence, civil procedure and ethics/professional responsibility. The Legal Profession Uniform Admission Rules 2015 include the academic areas of knowledge in Schedule 1.
The exact subjects depend on your individual assessment. Do not assume that every Sri Lankan lawyer will receive the same exemptions.
Step 4: Complete Practical Legal Training if required
Some applicants may also need to complete Practical Legal Training, usually called PLT.
PLT is intended to prepare a person for legal practice in Australia. It may include practical skills such as drafting, client interviewing, ethics, trust accounting, file management and supervised legal work.
Whether PLT is required will depend on the assessment and the relevant admission authority’s requirements.
Step 5: Apply for admission and a practising certificate
After completing the required academic and practical steps, the next stage is usually applying for admission to the Supreme Court of the relevant state or territory.
Admission is a formal legal process. It usually requires evidence that you have met the academic, practical and character requirements.
After admission, a person generally needs a practising certificate before practising as a solicitor. Being admitted and being entitled to practise are not always the same thing.
In Victoria, for example, the Legal Services Board and Commissioner states that a foreign lawyer is not entitled to practise Australian law merely because they are qualified overseas.
Can you work in a law firm before admission?
A Sri Lankan lawyer or law graduate may be able to work in a law firm in a non-admitted role, such as a paralegal, legal assistant, law clerk, researcher or administrative support worker.
However, you must not hold yourself out as an Australian solicitor or provide Australian legal services unless you are properly admitted and hold the required practising certificate.
This is especially important when describing your role on LinkedIn, a website, email signature or business card.
Should you start before migrating?
Yes, it can be useful to start preparing early.
Before migrating, you can begin collecting transcripts, subject outlines, admission documents, employment records, evidence of practice and identification documents.
However, becoming eligible for admission as a lawyer and obtaining an Australian visa are separate issues. This article is not migration advice. If you need advice about visa options, work rights or migration strategy, that should be assessed separately.
Final thoughts
Sri Lankan lawyers can build a legal career in Australia, but the process requires planning.
The basic pathway usually involves:
- assessment of overseas qualifications;
- completion of required Australian law subjects;
- PLT, if required;
- admission to the Supreme Court;
- obtaining a practising certificate before practising.
Each person’s pathway can be different. Before making major career, study or migration decisions, check the current requirements with the relevant Australian admission authority.
Related legal assistance
If you need legal assistance with a current matter involving Australia and Sri Lanka, see our Australia–Sri Lanka cross-border legal services page. Consultations are also available through our Sinhala-speaking lawyer in Australia page.
Disclaimer
Australian legal services are provided by Australanka Lawyers Pty Ltd.