Document ID: chunk:federal_register_of_legislation:C2024C00864:section:55b:p1
Version: federal_register_of_legislation:C2024C00864
Segment Type: section
Provision Reference: s 55B (pt 1/2)
Character Range: 48850–51326

55B  Right to practise as barrister or solicitor in federal courts and courts exercising federal jurisdiction
 (1) Subject to this section, a person who:
 (a) is for the time being entitled to practise as a barrister or solicitor, or as both, in the Supreme Court of a State; or
 (b) is for the time being entitled, under a law (including this Act) in force in a Territory, to practise as a barrister or solicitor, or as both, in the Supreme Court of that Territory;
has the like entitlement to practise in any federal court.
 (2) A person is not entitled to practise in a federal court as a solicitor by reason of paragraph (b) of the last preceding subsection unless:
 (a) he or she has been admitted to practise as a solicitor or legal practitioner by the Supreme Court of the Territory; or
 (b) he or she practises as a solicitor in the Territory and his or her sole or principal place of business as a solicitor is in the Territory.
 (3) A person is not entitled to practise as a barrister or solicitor in a federal court by reason of subsection (1) unless his or her name appears in the Register of Practitioners kept in accordance with the next succeeding section as a person entitled to practise in that capacity.
 (4) A person who is, under subsection (1), entitled to practise as a barrister or solicitor, or both, in any federal court has a right of audience:
 (a) in any court of a State in relation to the exercise by the court of federal jurisdiction; and
 (b) in any court of an internal Territory in relation to the exercise by the court of federal‑type jurisdiction.
 (5) The Chief Justice of the Supreme Court of a State or an internal Territory may direct the Registrar or other proper officer of that Supreme Court to keep a Register of Practitioners for the purposes of subsection (4) and, where such a Register is kept in a State or Territory, a person is not entitled, in a court of that State or Territory, to the right of audience referred to in subsection (4) unless he or she is registered in that Register.
 (6) Where a Register is kept in a State or Territory in accordance with subsection (5), a person who satisfies the Registrar or other officer keeping the Register that he or she is a person referred to in subsection (4) is entitled to be registered in that Register.
 (7) Where it is proved to the satisfaction of the Supreme Court of a State or Territory constituted by 2 or more Judges that a person who is registered in the Register kept