Types of Practising Certificates
There are general matters applying to the four types of local (Victorian) practising certificates:
- If engaging in more than one role in legal practice, practitioners must hold a practising certificate that covers all functions of each role
- With the exception of certificate suspension and cancellation, a practising certificate is current from the specified date through to the end of the financial year in which it was granted
- If the role of the practitioner changes, they may need to vary the practising certificate type
Contact the Practitioner Information Centre if you are uncertain about the type of practising certificate you are required to hold.
Practitioner Information Centre
Ph: (03) 9607 9508
Email: records@liv.asn.au,
Principal Practising Certificate
With a Principal practising certificate, practitioners:
- Have right of private practice
- Can be a partner of a law firm, a legal practitioner partner of a multidisciplinary partnership, a legal practitioner director of an incorporated practice, the supervising legal practitioner at a community legal centre, or a sole practitioner
- Can employ other legal practitioners in their law practice
- Can be employed by a law practice or by a corporation or association that is not a law practice
- May volunteer at a community legal centre
- Must obtain professional indemnity insurance for themselves and their employees as required by the Legal Profession Act 2004, unless exempted by the Legal Services Board
- Must have completed their supervised legal practice requirement, unless they are practising as a partner in a law firm where they are under the supervision of a fellow partner
Trust money
Any practitioner who handles money (including cheques) belonging to another is considered to be receiving trust money, regardless of whether that money passes through a bank account.
- All principals of law practices who receive trust money must hold a principal practising certificate with authorisation to receive trust money
- Applicants for a principal practising certificate must nominate whether they wish to be authorised to receive trust money.
Employee Practising Certificate
Employee practitioners:
- Must be employed by a law practice (pdf)
- Have no right of private practice
- Cannot be the director of an incorporated practice, a partner in a law firm, a partner of a multidisciplinary partnership, a supervising legal practitioner at a community legal centre, or a sole practitioner
- Cannot receive trust money (unless it is paid into the employer's trust account);
- May volunteer at a community legal centre
Corporate Practising Certificate
Corporate practitioners:
- Must be employed by a corporation or association that is not a law practice
- Must not provide legal advice to parties other than their employer
- Have no right of private practice
- Cannot be the director of an incorporated practice, a partner in a law firm, a partner of a multidisciplinary partnership, a supervising legal practitioner at a community legal centre, or a sole practitioner
- Cannot receive trust money
- May volunteer at a community legal centre
Volunteer Practising Certificate
Volunteer practitioners:
- Must only engage in legal practice as a volunteer at a community legal centre
- Have no right of private practice
- Cannot be the director of an incorporated practice, a partner in a law firm, a partner of a multidisciplinary partnership, a supervising legal practitioner at a community legal centre, or a sole practitioner
- Cannot receive trust money