Publications, Reports and Submissions A to Z

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Admission to Practice in Australia of Overseas Qualified Lawyers

This paper presents the results of a survey into the admission processes for overseas qualified and practising lawyers across all Australian States and Territories.  The paper was brought to the attention of the Standing Committee of Attorneys-General (SCAG), who in April 2006 endorsed the proposed principle that ‘consistent, uniform and transparent assessment processes in respect of admission of overseas qualified lawyers should apply across all jurisdictions in Australia.’

Australia–India Free Trade Agreement Feasibility Study: ILSAC submission on legal services

ILSAC provided this submission to the Department of Foreign Affairs and Trade (DFAT) for the joint Australia–India Free Trade Agreement Feasibility Study in June 2008.

Australia-Indonesia Contract Management - Dispute Avoidance and Resolution: A handbook for legal practitioners and business managers

October 1996

This report involved research in both Australia and Indonesia. The handbook's terms of reference included improving understanding of Australian and Indonesian laws, regulations, procedures and practices in relation to cross-border commercial contracts, as well as an understanding of mechanisms available for dispute resolution.

Australia-Indonesia Ministerial Forum (AIMF):
Working Group on Legal Cooperation (WGLC) Reports

Fourth Joint Meeting Report
(Canberra, 10–11 November 2008)

Third Joint Meeting Report
(Bali, 26–27 June 2006)

Second Joint Meeting Report
(Canberra, 17 March 2005)

Inaugural Joint Meeting Report
(Jakarta, 9–10 April 2002)

Australia-Korea Free Trade Agreement Study: ILSAC Submission on Legal Services

Australian International Legal Education and Training: Directions, Issues and Opportunities (‘DIO Report’)

This document is the Executive Summary to the ILSAC Secretariat’s ‘DIO Report’.  The full document can be obtained in hard copy from the ILSAC Secretariat.

Australian Legal Services – Strategic Global Engagement

Australian Legal Services – Strategic Global Engagement is a whole of sector strategy with the overall objective of promoting ‘greater integration globally of Australia’s legal services, including arbitration and mediation services and legal education and training expertise.’  The document is designed to assist and guide policy makers, peak bodies, law firms, law schools and all legal and related service providers interested in enhancing the international presence and improving the international performance of Australia’s legal and related services.

The strategy was jointly launched by the Attorney-General, the Hon Robert McClelland MP, Parliamentary Secretary for Trade, the Hon Anthony Byrne MP, and the Hon Sir Laurence Street AC KCMG QC at Austrade, Sydney on 29 June 2009.

  • Speech - Attorney-General, Remarks at the Launch of the International Legal Services Advisory Council (ILSAC) Export Strategy
  • Media Release - The Hon Anthony Byrne MP, Parliamentary Secretary for Trade, New Strategy to Drive International Engagement of Legal Services and Law Education
  • Speech - The Hon Anthony Byrne MP, Parliamentary Secretary for Trade, International Legal Services Advisory Council Export Strategy Launch

    • Australian Legal Services Export Development Strategy 2003–2006

    ILSAC Publication—March 2003

    The Strategy aimed to develop, support and implement an effective export development strategy for Australia in international legal services, particularly in the markets of the Asia-Pacific region over 2003-2006.

    Exporting Legal Services: Opportunities and Support Programs

    ILSAC Publication—June 1996

    This publication contains information on relevant programs and institutions to assist potential Australian exporters of legal services.  Please note that the information contained in this paper was accurate as at June 1996: readers may wish to contact the institutions listed to obtain a more current list of the various programs available.

    Foreign Lawyers and the Practice of Foreign Law in Australia

    Law Council of Australia Information Paper—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 arranged by ILSAC’s China Working Group.

    ILSAC Triennial Reports

    Internationalisation of the Australian law degree

    Issues Affecting Australia's International Performance in International Commercial Dispute Resolution

    In 1991, ILSAC considered future prospects for Australian providers of international commercial dispute resolution (‘ICDR’) services.

    Legal Services Country Profiles

    These profiles provide a brief outline of the economy and legal system and an assessment of the potential for the export of legal services to 17 countries:

    Studying Law in Australia

    Council of Australian Law Deans publication

    Studying Law in Australia (SLIA) is a guide to the study of law in Australia and to undergraduate and postgraduate courses offered by Australian University Law Schools and Practical Legal Training Institutions.  SLIA 2008–09 is available online in English and Korean.

    Submission to the Legal Services Review Committee of Singapore inquiring into Singapore's Strategic Legal Needs in the Financial Sector

    Singapore has developed a major role as a trade and financial services centre in the Asia Pacific region. Together with Hong Kong, Singapore is recognised as one of the most liberal and outward-looking economies.

    WTO GATS legal services proposals

    ILSAC has had input into several proposals tabled or co-ordinated by Australia under the GATS:

    Principles of Liberalisation Proposal

    (Australia—Negotiating Proposal for Legal Services tabled in Geneva 27 March 2001)

    ILSAC’s contribution was central to the development of this negotiating proposal tabled by Australia in Geneva under the GATS/WTO.  The proposal is based on ILSAC’s Six Guiding Principles of Liberalisation for trade in legal services, and also supports the ‘limited licensing’ model identified by the International Bar Association in 1998.  The proposal led to increased interest in the limited licensing approach, and the development of two further Australian proposals on legal services to expand and clarify this approach.

    Limited Licensing Proposal

    (Australia—Negotiating Proposal for Legal Services tabled in Geneva 10 July 2001)

    This proposal was tabled in response to interest by WTO members in the ‘limited licensing’ approach identified in Australia’s first negotiating proposal on legal services (tabled in March 2001), which was based on ILSAC’s Six Guiding Principles of Liberalisation for trade in legal services.  The second proposal defines and explains the limited licensing approach, and outlines the Australian model.

    Classification Proposal

    (Australia—Negotiating Proposal: Legal Services Classification Supplement tabled in Geneva 11 March 2002)

    ILSAC assisted in developing this supplement to Australia’s negotiating proposal on legal services, designed to expand the WTO classification of ‘legal services’ to enable commitments to be made under the limited licensing model.

    This proposal was instrumental in identifying the need for improved classification of legal services, to enable commitments to be made by members on a progressively liberal basis.  See also the Joint Statement on Legal Services (February 2005).

    Australia—Proposal on Development of Disciplines on Domestic Regulation for the Legal and Engineering Sectors

    Tabled 6 September 2005

    ILSAC contributed to the Draft Disciplines on Domestic Regulation in the Legal Sector contained in this paper, which draws on the previous proposals on legal services tabled by Australia under the GATS.

    Joint statement on Legal Services: Communication from Australia, Canada, Chile, the European Communities, Japan, Korea, New Zealand, Singapore, Switzerland, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, and the United States

    22 February 2005

    ILSAC’s work assisted in developing the Joint Statement circulated by members of the Friends of Legal Services Group (chaired by Australia under the WTO’s services negotiating process).  The Joint Statement resolved the long-running legal services classification debate, noting the impracticality of a single-category classification system for legal services, and identifying classification terminology consistent with Australia’s preferred disaggregation approach for use in making commitments under the GATS.