QLD Can a solicitor offer advice if they are not registered in the state the Co is operating from?

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Fisho

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22 January 2018
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I have a potential issue I'd like some help with please. Can a Solicitor legally act for a company in another state if they are not registered in the state of the company. For example, say the Solicitor is registered and operates a law form in NSW but does not hold registration in Qld. Can this solicitor legal represent (provide advice and prepare legal documents/contracts) for a Company based and registered in Qld?

Thanks in advance
 

Rob Legat - SBPL

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16 February 2017
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Yes. Companies are not registered in a state (although they were, many years ago). They are registered pursuant to the Corporations Act, which is Commonwealth legislation.

For state specific aspects, law firms may be registered to practice in multiple states although they don't have a physical presence there. Many aspects of commercial law don't have this requirement, however.
 
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Rod

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Plus contract law is uniform across Australia. Just some differences with some States with the buying and selling of small businesses.
 

Tim W

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I agree with @Rob Legat - SBPL. Happens all the time.
Further, because of fairly recent new law about how the profession operates,
the east coast is now pretty much a "common market" for lawyers.