In New South Wales, the legal profession is comprised of two 'branches': solicitors and barristers.

Barristers are lawyers who are entitled to, and work as, independent and sole practitioners. Barristers specialise in court work. They also provide specialised legal advice and, like solicitors, can participate or represent people in mediations and arbitrations.

There are certain types of work that a barrister is not permitted to do, as set out in the New South Wales Barristers' Rules.

For further information of what is a barrister, click here.

All barristers in New South Wales are bound by the Legal Profession Act 2004, the Legal Profession Regulation 2005 and the New South Wales Barristers' Rules.

The New South Wales Legal Services Commissioner (the Commissioner) is the overseeing regulator of barristers. The Commissioner also receives and monitors the investigation of any complaints about the conduct of barristers. The Act sets out the complaints and discipline regime for barristers in New South Wales.

The Commissioner, however, works with The New South Wales Bar Association in regulating and disciplining barristers in New South Wales.

The Law Society of New South Wales has a similar role to that of The New South Wales Bar Association in respect of solicitors.

All barristers who practise in New South Wales must hold a current practising certificate issued in an Australian State or Territory that entitles them to practise as a barrister.  Eligibility to apply for a New South Wales practising certificate is determined largely by your principal place of practise (some exceptions apply).

Subject to the provisions of Part 2.4 Division 11 of the Legal Profession Act 2004 (NSW), a barrister whose principal place of practise is another Australian state or territory is entitled to practise in New South Wales by virtue of their practising certificate issued in their home jurisdiction. 

Similarly, barristers based in New South Wales are able to practise in other Australian states and territories by virtue of their New South Wales practising certificate subject to the provisions of the corresponding laws in those states and territories.

 

WHICH ONE APPLIES TO YOU?

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This web site contains information on the process by which a person may apply to practise as a barrister in NSW.

I want to study law in NSW
If you are considering studying law in New South Wales, click here to view the relevant links to law schools. Please note: the Bar Association does not give advice on, or recommend, any particular legal educational institution.