ILSAC - China Working Group
The information in the paper Foreign Lawyers and the Practice of Foreign Law in Australia (Law Council of Australia information paper) was correct at the date of publication. Since then, Western Australia has enacted a new Legal Profession Act, intended to commence in January 2009. Tasmania’s legislation is expected to commence in October 2008. The Legal Profession Bill 2007 in South Australia has lapsed.
To access a hard copy of documents listed on this page, please email ilsac.secretariat@ag.gov.au
China Working Group on Legal Services (CWG)
Chair: Mr Robert Milliner
Deputy Chair: Mr Jim Dunstan
The China Working Group (CWG) advises on legal services matters and proposals, including those relevant to the Australia-China Free Trade Agreement (FTA) negotiations. It promotes the development of links with the legal profession and officials in China, particularly in identifying mutual benefits of greater professional mobility of legal practitioners between the two countries.
The CWG was established in September 2006 following the Australian Legal Services Mission to China coordinated by ILSAC. Membership is open to all ILSAC members, members of the 2006 Mission, and others who may be able to contribute to the work of the CWG. The Group has a small Steering Committee.
The CWG has provided advice to DFAT on existing regulation in respect of legal services and trans-national legal practice in China and Australia and has participated in four seminars and round-table meetings with senior practitioners and officials in China in 2006 and 2007. Topics have included aspects of professional regulation, law firm practice management, and other matters of mutual interest. The Group has undertaken a Chinese language translation of the Law Council’s Information Paper "Foreign Lawyers and the Practice of Foreign Law in Australia” (see below) and its members have supported and participated in the joint Attorney-General’s Department/Law Council of Australia and Ministry of Justice/All China Lawyers Association’s Legal Profession Development Program through the provision of practical attachments in Australia.
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Presentation of ‘Foreign Lawyers and the Practice of Foreign Law in Australia’ to the Shanghai Municipal Justice Bureau and the Shanghai Bar Association by Jim Harrowell AM and Justin Smith on behalf of the CWG and the Law Council of Australia, 14 May 2008.
Left to right: Qiao Wenjun (Vice President Shanghai Bar Association), Justin Smith (Blake Dawson Waldron), Jim Harrowell (Hunt & Hunt), Liu Zhongding (Deputy General Director Shanghai Municipal Bureau of Justice), Ma Yi (Vice Chief Shanghai Municipal Bureau of Justice), Emma Yang (Hunt & Hunt).
Foreign Lawyers and the Practice of Foreign Law in Australia
A recent initiative of the CWG was the translation into the Chinese language of the Law Council of Australia's Information Paper "Foreign Lawyers and the Practice of Foreign Law in Australia" (1 March 2008). This Paper outlines comprehensively the liberal regulation now in place in most Australian States and Territories in the Chinese and English languages.
The Chinese language translation was launched at a reception in Sydney at Hunt & Hunt's office on 19 March 2008 which was attended by China's Consul-General in Sydney as well as the eight lawyers from China under the Australia–China Legal Profession Development Program and CWG members. On Wednesday 14 May 2008 the LCA's Information Paper was formally presented to the Shanghai Municipal Justice Bureau and the Shanghai Bar Association by Jim Harrowell AM and Justin Smith in Shanghai on behalf of the CWG and the Law Council of Australia.
