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Australian Legal Practitioner Certificates

Australian Legal Practitioner Certificates

By Karen Cheng & Rebekah Farrell

Uniform Laws 


The Law Institute of Victoria, the Legal Practitioners’ Liability Committee and the Victorian Legal Services Board + Commissioner (VLSBC) are concerned that some banks are:

  • using certificates other than the LIV’s Australian Legal Practitioner Certificates (Certificates)
  • amending the Certificates

to be signed by Victorian solicitors who have been engaged to give advice to borrowers or guarantors.

Victorian solicitors are only able to sign Certificates that are published by the LIV, and may be subject to disciplinary action if they do not use the Certificates published by the LIV without amendment (except to insert relevant details). Solicitors in New South Wales are only able to sign Law Society of NSW’s Declaration.

The Legal Profession Uniform Law regime commenced on 1 July 2015 and regulates the legal profession in Victoria and New South Wales. The Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 (Practice Rules) were made under the Legal Profession Uniform Law and also commenced on 1 July 2015. The Practice Rules include a rule regarding loan and security documents which require Victorian solicitors to use Certificates published by the LIV when engaged to give advice to a proposed signatory that will be either a borrower or guarantor.

Download Submission

Karen Cheng, Senior Lawyer, Legal Policy

T: 03 9607 9311

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