Wednesday, April 13, 2022

Murray on 'A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia’

 Dr Katie Murray, a Lecturer at the USQ School of Law and Justice, has published a new article titled 'A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia'.  The article appears in Volume 95 of the prestigious Australian Law Journal.  Here is the abstract:


"This article examines the restrictions on engaging in legal practice in Australia, focusing on how the restrictions also apply to lawyers, who remain in good standing with the profession, but who no longer hold a current practising certificate. In doing so, it outlines jurisdictional differences; the tests that have been applied to determine what constitutes ‘legal practice’; and examines whether the restriction of lawyers can be justified against the dual considerations of public protection. In particular, I question whether placing lawyers in the same category as ‘laypeople’ is justified by the need to protect the public from ‘unlawful operators’ and argue that this may do a disservice to both lawyers and the public."

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