(1) The kind of person mentioned in an item in table 8, column 3 is entitled, in the circumstances mentioned in column 4 of the item to take or use a name, title or description mentioned in column 2 for the item.
(2) In this section:
"jurisdiction"—see the Act, section 82 (5).
Table 8
column 1 item |
column 2 name, title or description |
column 3 kind of person |
column 4 circumstances |
---|---|---|---|
1 | lawyer | Australian lawyer | all (no restriction) |
2 | lawyer | Australian-registered foreign lawyer | all (no restriction) |
3 | legal practitioner | Australian legal practitioner | all (no restriction) |
4 | • barrister and solicitor • solicitor and barrister • solicitor • attorney | Australian legal practitioner | when the Australian legal practitioner holds an Australian practising certificate and engages in legal practice in the manner of a solicitor |
5 | • barrister and solicitor • solicitor and barrister • solicitor • attorney | Australian lawyer | when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice in the manner of a solicitor as a government lawyer of a jurisdiction in circumstances in which the law of the jurisdiction permits an Australian lawyer to engage in the legal practice without having to hold an Australian practising certificate |
6 | barrister | local legal practitioner | when the local legal practitioner holds a local practising certificate that restricts the practitioner to legal practice in the manner of a barrister |
7 | barrister | interstate legal practitioner | when the interstate legal practitioner holds an Australian practising certificate and engages in legal practice in the manner of a barrister |
8 | barrister | Australian lawyer | when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice in the manner of a barrister as a government lawyer of a jurisdiction in circumstances in which the law of the jurisdiction permits an Australian lawyer to engage in the legal practice without having to hold an Australian practising certificate |
9 | Senior Counsel or SC |
Australian lawyer | when the lawyer holds the status of Senior Counsel, as recognised by the High Court or a Supreme Court of any jurisdiction |
10 |
counsel | Australian legal practitioner | all (no restriction) |
11 |
counsel | Australian lawyer | • when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice as a government lawyer of a jurisdiction in circumstances in which the law of the jurisdiction permits an Australian lawyer to engage in the legal practice without having to hold an Australian practising certificate • when an Australian lawyer, not holding an Australian practising certificate, provides legal services to his or her employer, or to a related entity, in the ordinary course of his or her employment and for no fee, gain or reward other than his or her ordinary remuneration as an employee |
12 | • Queen's Counsel or QC • King's Counsel or KC • Her Majesty's Counsel • His Majesty's Counsel | Australian lawyer | when the Australian lawyer holds the appropriate status as given by the Crown in any capacity or as recognised by the High Court or the Supreme Court of a jurisdiction |
13 | attorney | Australian-registered foreign lawyer |
when entitled to use the name, title or description under the Act, section 160 (Designation of Australian-registered foreign lawyers) |
14 | attorney |
patent attorney | when using the expression ‘patent attorney' |
15 |
attorney | donee of a power of attorney | when indicating that the donee holds or is acting under a power of attorney |
16 | Attorney |
Attorney-General of a jurisdiction or a foreign country | all (no restriction) |
17 | solicitor | solicitor-general of a jurisdiction or a foreign country | all (no restriction) |
Part 4 Legal practice—Australian legal practitioners