ILSAC activities by country/economy/region

ILSAC supports a range of projects and activities targeted at markets of interest to Australia's legal services sector. ILSAC has undertaken work in relation to:

ASEAN | Brunei Darussalam | Cambodia | China, People's Republic of | Chinese Taipei | European Union | India | Hong Kong SAR | Indonesia | Japan | Korea, Republic of | Malaysia | Papua New Guinea | Philippines | Singapore | Thailand | Vietnam | US


ASEAN

The Association of South-East Asian Nations (ASEAN) comprises Indonesia, Philippines, Malaysia, Brunei, Singapore, Cambodia, Thailand, Vietnam, Laos and Myanmar.

Negotiations for a proposed free trade agreement between Australia and New Zealand and ASEAN commenced in 2005. ILSAC has provided input and advice on the outcomes sought by Australia in the legal services sector.

Brunei Darusalam

ILSAC coordinated an Australian Legal Services Mission to Brunei in August 2003.

ILSAC has also undertaken work in relation to the recognition of Australian legal qualifications in Brunei. Currently, citizens or permanent residents of Brunei who are qualified as a barrister or solicitor in the Supreme Court of any Australian State or Territory are qualified to seek admission as an advocate and solicitor in Brunei, subject to completion of pupillage requirements.

Cambodia

ILSAC previously maintained a Legal Services Market Profile on Cambodia. The latest available version was updated in January 1998:

China, People's Republic of

Negotiations for a proposed Australia-China free trade agreement commenced in April 2005. ILSAC provided considerable input to the feasibility study preceding this, and continues to assist Australian negotiators through its China Working Group.

ILSAC established a China Working Group in September 2006 to advise on and develop legal services market access proposals for the proposed FTA, and to support the Department of Foreign Affairs and Trade (DFAT) in promoting the mutual benefits to Australia and China of the proposed FTA.

ILSAC's China Working Group recently arranged the translation into the Chinese language of a Law Council of Australia information paper 'Foreign Lawyers and the Practice of Foreign Law in Australia.'

ILSAC coordinates the Australia-China Legal Profession Development Program, an intensive study and work placements program for Chinese lawyers and government officials. The program is an initiative of ILSAC implemented in conjunction with the Law Council of Australia, in cooperation with the All China Lawyers Association and the Ministry of Justice of the People's Republic of China, administered through the Australian Attorney-General's Department and funded through AusAID.

ILSAC coordinated Australian Legal Services Missions to China in 1999 and in 2006.

ILSAC previously maintained a Legal Services Market Profile on China. The latest available version was updated in January 1998:

Chinese Taipei

ILSAC previously maintained a Legal Services Market Profile on Chinese Taipei. The latest available version was updated in June 1997:

European Union

The European Union is a significant market for the export of legal services. The EU (including UK) accounted for 28.75% of Australia's export and cross-border legal services income, according to ILSAC's International Legal Services Statistics Survey for 2004–05.

Hong Kong, SAR

ILSAC previously maintained a Legal Services Market Profile on Hong Kong. The latest available version was updated in January 1998:

India

In August 2007 Australia and India commenced a joint feasibility study on the merits of a free trade agreement between the two countries. ILSAC has provided a submission on legal services for this feasibility study.

ILSAC has worked to encourage the recognition of Australian law degrees by India, including facilitating a delegation from the Bar Council of India to visit Australian law schools, and arranging letters of support for applications from Australian law schools to the Bar Council of India. India now recognises law degrees from the Australian National University, Bond University, Griffith University, the University of New South Wales, Queensland University of Technology and the University of Melbourne, enabling Indian graduates from these law schools to sit the bar examination for enrolment as advocates in India.

ILSAC coordinated an Australian Legal Services Mission to India in 2004.

ILSAC previously maintained a Legal Services Market Profile on India. The latest available version was updated in January 1998:

Indonesia

ILSAC has advocated and supported closer links in law and legal services between Australia and Indonesia through the Australia–Indonesia Ministerial Forum, and the Forum's Working Group on Legal Cooperation, jointly chaired by the Australian Attorney-General's Department and the Indonesian Ministry of Law and Human Rights. ILSAC fostered the creation of the Group, and continues to support the Department's ongoing involvement.

ILSAC previously maintained a Legal Services Market Profile on Indonesia. The latest available version was updated in September 2002:

Japan

ILSAC has provided input on Australia's legal services objectives to negotiations for an Australia-Japan free trade agreement, which commenced in April 2007.

The Law Council of Australia and ILSAC have received funding under the Australia-Japan Foundation for a joint Strengthening Australia–Japan Legal Infrastructure Initiative. The initiative is for engagement between Australian and Japanese legal professional peak bodies and public sector agencies with the overall aim of increasing professional mobility of lawyers between the two countries. The initiative will be undertaken jointly by the Law Council of Australia and ILSAC in 2009.

ILSAC previously maintained a Legal Services Market Profile on Japan. The latest available version was updated in January 1998:

Korea, Republic of

ILSAC has provided input on Australian legal services objectives in relation to the Australia-Republic of Korea free trade agreement Study announced 6 December 2006.

ILSAC previously maintained a Legal Services Market Profile on Korea. The latest available version was updated in January 1998:

Malaysia

ILSAC has provided input and ongoing advice to the Department of Foreign Affairs and Trade (DFAT) in relation to negotiations for a Malaysia-Australia free trade agreement which commenced in 2005. ILSAC has also supported direct profession-to-profession negotiations with the Bar Council of Malaysia led by the Law Council of Australia.

ILSAC coordinated an Australian Legal Services Mission to Malaysia from 25–27August 2003. The Mission was composed of 17 members, and was led by then Attorney-General, the HonDarylWilliamsAMQCMP.

ILSAC has pursued the recognition of Australian legal qualifications by Malaysia. Malaysia currently recognises law degrees from 14 Australian law schools, and ILSAC has supported applications for recognition by the remaining law schools. The recognition process is currently suspended following a Malaysian proposal to introduce a common bar examination.

ILSAC previously maintained a Legal Services Market Profile on Malaysia. The latest available version was updated in January 1998:

Papua New Guinea

ILSAC previously maintained a Legal Services Market Profile on Papua New Guinea. The latest available version was updated in June 1996:

Philippines

ILSAC previously maintained a Legal Services Market Profile on the Philippines. The latest available version was updated in January 1998:

Singapore

ILSAC has provided input into the Singapore-Australia Free Trade Agreement (SAFTA) signed on 17 February 2003, and to the SAFTA Review processes, which assisted in gaining better conditions for joint law ventures and formal alliances under the First Review (launched 14 August 2004), in accordance with an understanding that Singapore would extend to Australia treatment no less favourable than that provided to the US under the Singapore-US FTA.

ILSAC coordinated an Australian Legal Services Mission to Singapore from 30 May–2 June 2001. The mission of 9 members was led by then Attorney-General the Hon Daryl Williams AM QC MP.

ILSAC has also supported the recognition of Australian legal qualifications by Singapore, under the SAFTA review processes. Singapore currently recognises law degrees from 10 Australian law schools, and in 2006 announced an exemption for graduates from recognised universities from the requirement of being ranked in the top 30% of their cohort. The exemption requires graduates to be ranked in the top 70% of the cohort, meet work experience requirements and pass an interview conducted by the Board of Legal Education. ILSAC continues to provide input to discussions for further improvement in this area.

ILSAC previously maintained a Legal Services Market Profile on Singapore. The latest available version was updated in August 1998:

Thailand

The Thailand-Australia Free Trade Agreement (TAFTA) entered into force on 1January 2005. TAFTA does not provide specific market access for legal or other professional services, but has an inbuilt mechanism for ongoing review of services and investment related market aspects. It is expected that the increase of two-way trade under the TAFTA will provide increased opportunities for Australian legal services providers.

ILSAC coordinated an Australian Legal Services Mission to Thailand from 12–13 July 1999. The 14-member mission was led by then Attorney-General, the Hon Daryl Williams AMQCMP.

ILSAC previously maintained a Legal Services Market Profile on Thailand. The latest available version was updated in January 1998:

Vietnam

ILSAC previously maintained a Legal Services Market Profile on Vietnam. The latest available version was updated in January 1998:

US

ILSAC has worked closely with the Attorney-General's Department, the Department of Foreign Affairs and Trade (DFAT) and the Law Council of Australia in pursuing better access to the US market for Australian lawyers through the Working Group on Professional Services under the Australia-US Free Trade Agreement (AUSFTA), which came into force on 1 January 2005.

ILSAC has also supported the Law Council of Australia in seeking recognition of Australian legal qualifications in the US. In February 2007 the US Conference of Chief Justices passed a resolution encouraging US jurisdictions to recognise a right for Australian lawyers to sit the US Bar Exam (proposing a waiver of the usual requirement of American Bar Association accreditation of the candidate's degree).