New report outlines priorities for expanding legal services across six key regional jurisdictions
The Law Council of Australia has released a report examining market access barriers and priorities for Australian lawyers and law firms operating in Southeast Asia as the federal government reviews free trade agreements across the region.
The report, prepared by Norton Rose Fulbright, analyses the extent to which Australian legal practitioners can provide services in key Southeast Asian markets and identifies areas for government and industry advocacy to improve market access conditions.
Law Council of Australia president Tania Wolff said the legal profession had a significant interest in ensuring Australian lawyers could meet growing demand for integrated cross-border legal services.
“As the government advances its review of free trade agreements across the region, the legal profession has a vital stake in ensuring Australian lawyers can meet demand for integrated cross-border legal services,” Wolff said in a media release. “This report provides a clear roadmap for government and the profession to work together to open doors for Australian lawyers in Southeast Asia.”
The report draws on the Law Council’s longstanding engagement on trade in legal services and market access policy. It also reflects consultation and feedback from Australian lawyers working throughout Southeast Asia.
According to Wolff, Australian businesses seeking to expand into or operate within the region rely on Australian lawyers to navigate increasingly complex business, legal and regulatory obligations. Wolff said demand for professional services in Southeast Asia was being driven by rapid economic growth, increasing trade and investment activity, and the development of a broad range of industries.
The report identifies Indonesia, Singapore, Malaysia, Thailand, Vietnam and the Philippines as jurisdictions of particular interest to the Australian legal profession. The countries were selected based on their economic profiles and differing levels of market liberalisation.
The report also highlights a range of barriers affecting Australian lawyers seeking to operate in these markets. Identified challenges include onerous administrative and registration requirements, restrictions on the number of foreign lawyers through ratios and caps, residency and citizenship requirements, and limitations on moving between firms.
The report assesses the extent to which Australian lawyers can currently deliver legal services in each jurisdiction, including through remote service delivery, “fly-in, fly-out” arrangements and the establishment of a commercial presence.
The publication was produced with support from the Department of Foreign Affairs and Trade’s Southeast Asia Free Trade Agreements Modernisation Grant Program as part of the Australian government’s broader review of free trade agreements across the region.
