Legal Practitioners - United Kingdom - Astana - Malaysia - Brunei - Pitcairn Islands

Internationally Trained Lawyers

UK, Astana, Malaysia, Brunei, Pitcairn Islands

[B] Australia-UK Free Trade Agreement

• "The Victorian Legal Admissions Board understands that the Australia-UK Free Trade Agreement (FTA) came into effect on 31 May 2023.  The agreement contains commitments to reform legal services provisions and drive collaboration between regulators with the aim of addressing remaining barriers to practise as a local lawyer in the other country's territory. The FTA did not have the effect of immediately introducing mutual recognition arrangements that will allow UK lawyers to be admitted as lawyers in Australia without having to undertake the usual application for admission that all foreign qualified lawyers are required to undertake under the various statutory regimes applicable in the various States and Territories of Australia. ...": 'Australia UK Free Trade Agreement' (Victorian Legal Admissions Board) <https://www.lawadmissions.vic.gov.au/australia-uk-free-trade-agreement>, archived at <https://archive.is/qsnAp>. 

• "The Australian-UK Free Trade Agreement, which came into effect on 31 May 2023, has established a Legal Services Regulatory Dialogue that, amongst other things, will consider enhancing the professional mobility of lawyers between Australia and the UK, but has not introduced mutual recognition arrangements that will immediately allow UK lawyers to be admitted as lawyers in Australia (or vice versa) without their having to undergoing the usual application for admission processes applicable in each Australian jurisdiction. ...": 'Australia-UK Free Trade Agreement' (LPAB NSW) <https://lpab.nsw.gov.au/publications-resources/august-admission-ceremonies.html>, archived at <https://archive.md/r4JgI>. 

• Chapter 10 of the UK-Australia FTA: <https://assets.publishing.service.gov.uk/media/61b85daee90e07043f2b98f6/uk-australia-free-trade-agreement-fta-chapter-10-professional-services-and-recognition-of-professional-qualifications.pdf>: "Each Party shall consider, or encourage its relevant bodies to consider, subject to its laws and regulations, whether or in what manner to: ... (e) establish dialogues with the relevant bodies of the other Party, with a view to the development of mutual recognition arrangements."

• Law Society of England and Wales, position 3 September 2020 <https://committees.parliament.uk/writtenevidence/10989/pdf/>: "Mutual Recognition 41.The legal professions of both Australia and the UK share a common history and similar legal systems. Our reciprocal strength in the quality and standards of legal education and governance provides a solid foundation for discussions of recognition. One avenue for this is via a MRA. 42.The Australian Government Response to Industry's Action Plan to Boost Australian Services Exports (Export Services Action Plan) highlights the importance of collaboration with professional bodies and “is promoting Mutual Recognition Agreements (MRAs) on licensing and registration including through Australia’s FTAs.” 3 Industry or issue specific agreements are also the preferred approach of Australian stakeholders.4 43.However, while trade agreements can play a role in facilitating MRAs, they do not guarantee an arrangement will be implemented. 44.Difficulties lie in the fact that admission to the Australian legal profession is an exercise of the inherent jurisdiction of each state and territory, rather than the federal body. As there are no uniform rules regulating the practice of law across all Australian states and territories, this would require coordination of several local bodies and regulators. 45.Given the interaction with domestic regulation, addressing issues of mutual recognition will involve both government to government and profession to profession commitments. Open dialogue between LSEW, the UK Government and Australian counterparts is required to raise awareness of the practicalities of doing international business and facilitate this type of engagement. 46.The LSEW supports the inclusion of a framework for progressing MRAs in an UK-Australia trade agreement with clear actions and timeframes for an implementation. The Australian Government Productivity Commission further notes that “any implementation working group should be adequately resourced and involve representatives from the relevant regulators as well as the government agency responsible for policy matters in the specific service sector."

• Intra-jurisdictional inconsistencies, see: QLS letter to LCA, 9 September 2022 <https://www.qls.com.au/getattachment/82ea72a9-b6d3-43bc-b703-120070003fde/2020-4159-australia-united-kingdom-free-trade-agreement.pdf>. 

[B-A] UK-Switzerland Mutual Recognition

• Michael Cross, 'Mutual recognition of qualifications in UK-Swiss deal' (The Law Society Gazette, 14 June 2023) <https://www.lawgazette.co.uk/news/mutual-recognition-of-qualifications-in-uk-swiss-deal/5116311.article>, archived at <https://archive.md/44D5g>. 

• The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (UK) <https://www.legislation.gov.uk/uksi/2024/1379/made>. 

• Federal Act on the Free Movement of Lawyers (Switzerland) <https://www.fedlex.admin.ch/eli/cc/2002/153/en>. -- ?based on nationality than jurisdiction of admission and practice.

[B-B] Astana International Financial Centre (AIFC) Court

• 'Court' (AIFC, Webpage) <https://court.aifc.kz/en/>, archived at <https://web.archive.org/web/20250505232612/https://court.aifc.kz/en/#expand> (5 May 2025, 761), <https://archive.is/354cX> (14 May 2025, 763 lawyers), <https://archive.is/kTB4R> (18 May 2025, 765). 

• AIFC Constitutional Statute 2015 <https://court.aifc.kz/uploads/constitutional-statute-with-amendments-as-of-30-december-2019.pdf>, archived at <https://perma.cc/9WYP-J9FZ>. 

• AIFC Court Regulations 2017, s 49: "49. Miscellaneous   (1) The Court may, by approval of the Chief Justice of the Court: ... establish a lawyer’s registration scheme and code of conduct to facilitate the highest standards of conduct in Court proceedings; ... ". <https://court.aifc.kz/uploads/AIFC%20Court%20and%20IAC/AIFC%20Court%20regulations-2017.pdf>, archived at <https://perma.cc/D3L4-TSHC>. 

• 'Rights of Audience' (AIFC, Webpage) <https://court.aifc.kz/en/rights-of-audience>, archived at <https://archive.is/MVBWJ>. 

• Practice Direction 4: AIFC Court Code of Conduct for Legal Practitioners, 23 October 2023: <https://court.aifc.kz/uploads/AIFC%20Court%20and%20IAC/Practice%20Direction%20No.%204%20-%20Code%20of%20Conduct%20for%20Legal%20Practitioners%20(Final).pdf>, archived at <https://perma.cc/8VPX-JZ8V>. 

• "Welcome to the AIFC Court, a hugely significant initiative for the Astana International Financial Centre, the Republic of Kazakhstan, and the entire Eurasia region. The Court provides a common law court system for the first time in Eurasia. It operates to the highest international standards to resolve civil and commercial disputes in the AIFC. It has exclusive jurisdiction over disputes arising out of the activities and operations of the AIFC and jurisdiction in the case of other disputes in which all parties agree to give the Court jurisdiction. The Court is separate and independent from the judicial system of the Republic of Kazakhstan. ...": 'About Us' (AIFC, Webpage) <https://court.aifc.kz/en/about-the-aifc-court>, archived at <https://archive.md/N6KK3>.  

• 'Inauguration of Astana’s International Financial Centre' (Norton Rose Fulbright, April 2018) <https://www.nortonrosefulbright.com/en-no/knowledge/publications/db1c0753/inauguration-of-astanas-international-financial-centre>, archived at <https://archive.is/bVI78>. 

• "Indeed, the only non-English flavour to the AIFC legal organs is the relaxed rules of rights of audience and representation, with admission being free, not subject to a time limit and open to lawyers admitted in any jurisdiction (or indeed law graduates with letters of recommendation from a court).": Philip Gardner, 'Astana joins Dubai: Can International Finance Centre courts Replace the English High Court?' (Peters and Peters, 2019) <https://www.petersandpeters.com/wp-content/uploads/2019/06/2019.06.06-Astana-Philip-Gardner-3.pdf>, archived at <https://perma.cc/ZHE5-CNWY>. 

• Eg, 'Manohar Samal, MCIArb's Post' (LinkedIn) <https://www.linkedin.com/posts/manohar-samal-mciarb-820035195_law-legal-commercialcourt-activity-7300118881765879808-YLSz>, archived at <https://archive.is/04NpG>: "grants to you rights of audience without charge for an unlimited duration". 

• "Mr [Michael] Wilson’s supporting affidavit deposed to his Australian citizenship and admission as a solicitor in this State, Victoria, the High Court of Australia, the Supreme Court of England and Wales, as well as being an “AIFC” in Kazakhstan.": Michael Wilson & Partners Limited v Emmott [2024] NSWSC 1258, [53]. 

• See also, "The Defendants' Kazakh law expert was Ms Kulzan Mehrabi. Ms Mehrabi is a qualified Kazakh lawyer entitled to practice Kazakh law. She is a qualified advocate in the civil courts of Kazakhstan and the Astana International Financial Centre Court in Kazakhstan. Ms Mehrabi is also an English solicitor. Her professional experience, over more than 20 years, includes practising Kazakh corporate and commercial law as senior counsel and partner at leading Russian and Kazakh law firms, working as an in-house lawyer at a large Kazakh oil company, and as senior expert at the Department of Legislation and International Law in the Kazakh Ministry of Justice. I am satisfied that Ms Mehrabi had sufficient expertise and experience to give expert evidence of Kazakh law. Her oral evidence at times seemed a little discursive, but was given fairly, including appropriate concessions (as they might be regarded), and I am satisfied that it represented her genuine professional opinion.": Kazakhstan Kagazy plc and others v Zhunus (formerly Zhunussov) and others [2021] EWHC 3462.

[B-C] Dubai International Financial Centre

• DIFC Courts Order No. 1 of 2019 in Respect of Issuing and Conducting Proceedings, Rights of Audience and Registration in Part I and Part II of the DIFC Courts’ Register of Legal Practitioners <https://www.difccourts.ae/rules-decisions/judgments-orders/court-administrative-orders/difc-courts-order-no-1-of-2019-in-respect-of-issuing-and-conducting-proceedings-rights-of-audience-and-registration-in-part-i-an>, archived at <https://archive.is/8dbdO> (Michael Hwang SC CJ). 

[B-D] Brunei 

• To be admitted to the Brunei Bar, a person must satisfy sections 3 and 4 of the Legal Profession Act, Chapter 132, Laws of Brunei: “3. (1) A person shall be a qualified person for the purposes of this Act if, subject to the provisions of subsection (3), he — (a) is a barrister-at-law of England or Northern Ireland or a member of the Faculty of Advocates of Scotland; (b) is a solicitor in England or Northern Ireland or a Writer to the Signet, law agent or solicitor in Scotland; (c) has been in active practice as an advocate and solicitor in Singapore or in any part of Malaysia; or (d) is a barrister, solicitor or who is a barrister and solicitor of a Supreme Court of any Australian State or Territory. (2) A person who is — (a) a citizen of Brunei Darussalam; or (b) a permanent resident on the date of his petition for admission shall, notwithstanding subsection (1), be a qualified person for the purposes of this Act if he has obtained such alternative qualification as may be prescribed. (3) A person who is not, on the date of his petition for admission, either a citizen of Brunei Darussalam or a permanent resident, shall only apply for admission if, in addition to satisfying the requirements of subsection (1), he has been in active practice in any part of the United Kingdom, in Singapore, in any part of Malaysia, in any Australian State or Territory or in any other country or territory or part of a country or territory in the Commonwealth designated by the Attorney General by notice in the Gazette for at least 7 years immediately preceding such application. (4) The Chief Justice may at his discretion, and subject to the provisions of this Act, admit as an advocate and solicitor any qualified person who — (a) has attained the age of 21 years; (b) is of good character; and (c) has, to the extent that he is not exempt therefrom, served satisfactorily such manner and period of pupillage (9 months) as may be prescribed for qualified persons.”": 'Becoming a Lawyer' (Law Society of Brunei Darussalam, Webpage) <https://bruneilawsociety.com/becoming-a-lawyer/>, archived at <https://archive.is/TYlvA>. 

[B-E] Singapore International Commercial Court

• Legal Professional Act 1966 (Cap 161) (SG) <https://sso.agc.gov.sg/Act/LPA1966>. 

• 'Registration of Foreign Lawyers before the SICC' (SG Courts, Webpage) <https://www.judiciary.gov.sg/singapore-international-commercial-court/registration-of-foreign-lawyers/registration-of-foreign-lawyers>.

• "35 What happened here was exceptional, however, and best avoided in the future by foreign lawyers exercising due care and foresight. Foreign lawyers who are planning to appear in the SICC in person or on the screen in a virtual zoom hearing must obtain permission ahead of time to cover the contingency that active participation may be required. Applying for permission from the SICC in advance of a hearing is the only proper course of action whenever foreign counsel anticipates that there may be a need to plead in a case in the SICC.": Re Terraform Labs Pte Ltd [2025] SGHC(I) 4 <https://www.elitigation.sg/gd/s/2025_SGHCI_4>, archived at <https://archive.is/jFT1C>. 

[B-F] Sarawak, Malaysia

• "Qualifications for admission of advocate   4.—(1) No person shall be admitted as an advocate unless— ... (d) he has been admitted to practise as a legal practitioner (by whatever name called) by a Supreme Court or High Court exercising jurisdiction in any place within any territory within the Commonwealth.": Advocates Ordinance (Cap 110) (Sarawak) <https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_ADVOCATES%20LawNet%20WM.pdf>. 

[B-G] Sabah, Malaysia; Labuan, Malaysia

• "Qualifications for admission of advocate.    4. (1) No person shall be admitted as an advocate unless— ... (d) he has been admitted to practise as a legal practitioner (by whatever name called) by a Supreme Court or High Court exercising jurisdiction in any place within any territory within the Commonwealth. ... (1B) The Chief Judge may, in his sole discretion, exempt a person from the whole or part of any period of pupillage or reading in chambers, upon application made to him supported by satisfactory evidence that- ... the applicant has for a period of not less than six months been a pupil, or read in the chambers, of a legal practitioner in active private practice, in any territory within the Commonwealth, of not less than seven years' standing; or (c) the applicant has satisfactorily completed a post-graduate course of instruction in law organised by any institution that would render him eligible to be admitted to practise as a legal practitioner (by whatever name called) in any territory within the Commonwealth. ... (2) A person having any of the qualifications mentioned in subsections (1) and (1A) shall be eligible to be admitted as an advocate if he satisfies the Chief Judge that— and he has Sabah connections.": Advocates Ordinance (Cap 2) (Sabah) <https://sagc.sabah.gov.my/sites/default/files/law/AdvocatesOrdinanceCap2_2_0.pdf>. 

[B-I] Registered Foreign Lawyer, SRA UK

• 'Registered Foreign lawyers' (SRA, 13 February 2025) <https://www.sra.org.uk/solicitors/guidance/registered-foreign-lawyers/>, archived at <https://archive.is/1TjZC>. 

[B-J-A] Overseas Lawyer, Hong Kong - Admission

• 'Admission Standards' (Law Society of Hong Kong) <https://www.hklawsoc.org.hk/en/maintain-standards/admission-standards> -- see 'C.   Route to Admission for Overseas Lawyers', especially <https://www.hklawsoc.org.hk/-/media/HKLS/Home/Maintain-Standards/Admission-Standards/Overseas_Lawyer_Route_202302.pdf?rev=cac0744930cd4e55b8e22c2325a196f8&hash=F107F76EF549686F72B32E18607650C8>.

• Overseas Lawyers Qualification Examination

• Also note, alternatively, PCLL conversion exam, PCLL, trainee solicitor route: <https://www.hklawsoc.org.hk/-/media/HKLS/Home/Maintain-Standards/Admission-Standards/Booklet_on_becoming_a_solicitor_202302.pdf?rev=1d4117f6810943cbb164a841a2eded44&hash=A2FA6CC0A8322A7D9E9915C67DA85066>. 

• PCLL conversion examination: <https://www.pcea.com.hk/download>. 

[B-J-B] Registered Foreign Lawyer, Hong Kong

• 'Foreign Lawyers' (Law Society of Hong Kong) <https://www.hklawsoc.org.hk/en/Maintain-Standards/Practice-Standards/Foreign-Lawyers>. 

• 'Information for Registration as a Foreign Lawyer' (The Law Society of Hong Kong) <https://www.hklawsoc.org.hk/-/media/HKLS/Home/Maintain-Standards/Practice-Standards/Registered-Foreign-Lawyers/fl-info.pdf?rev=a35bfccdfaf94cdcb12c67c434de56f8&hash=723A54BC8FA74064E1C2BA37C1FB3FD6>. 

[B-K] Abu Dhabi - ADGM Courts

• ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, <https://assets.adgm.com/download/assets/ADGM+Courts+Regulations.pdf/ae7e4a5045b611efbd775aec9993a0bd>, archived at <https://perma.cc/4Q48-5EFA>, Art 219: "Subject to court procedure rules – (a) where a person has been practising or employed as a lawyer for a continuous period of at least 5 years immediately prior to appearing before the Court, he shall have the right of audience before the Courts; (b) where a person has not been practising or employed as a lawyer for a continuous period of at least 5 years immediately prior to appearing before the Court, he may seek leave to have a right of audience before the Courts; save that (c) any person may appear and have a right of audience before the Small Claims and Employment Divisions of the Court of First Instance, but such appearance is subject to compliance with any rules of conduct of the Courts.".

[B-L] Qatar Financial Centre

• Qatar Financial Centre Civil and Commercial Court Regulations and Procedural Rules <https://www.qicdrc.gov.qa/courts/court/regulations-and-procedural-rules/regulations-court>, archived at <https://archive.is/hA8pM>: "Article (29) Rights of audience   29.1. The President of the Court or the Judge presiding over the case in question shall have a discretion to determine who shall have rights of audience for that case, However, where no direction has been made in relation to rights of audience, any qualified lawyer who is entitled to appear before the superior courts in the State of Qatar or of any other jurisdiction shall have rights of audience. 29.2. Where directions are given by a single Judge or by the Registrar in accordance with article 16.4 above, there are no restrictions on rights of audience unless that Judge or the Registrar otherwise determine."

[B-M] Pitcairn Island

• Pitcairn Bar Admissions [2023] PNSC 1 <https://static1.squarespace.com/static/6526ff6fef608a3828c13d05/t/655825d9ee6e8a42adebbc1c/1700275677030/Pitcairn+Bar+Admissions+%5B2023%5D+PNSC+1+%2823+February+2023%29.pdf>, archived at <https://perma.cc/44UB-58XD>.