Becoming A Family Law Lawyer In Australia: Steps And Insights

how to become a family law lawyer australia

Family lawyers are legal professionals who handle cases related to family law, including divorce, child custody, and spousal support matters. To become a family lawyer in Australia, you must complete several steps, including obtaining a bachelor's degree in law or a related field, gaining practical experience, and applying for admission to the legal practice in your state. Here is an overview of the process:

- Obtain a Bachelor of Laws (LLB) or a Juris Doctor (JD) degree: A bachelor's degree in law is the most direct route to becoming a lawyer. If you already have a bachelor's degree in another discipline, you can complete a JD course, which is a postgraduate qualification.

- Gain practical experience: As part of your law degree, you will need to undertake Practical Legal Training (PLT), which provides valuable real-world experience in a legal setting. Choose a placement that offers family law experience.

- Apply for admission: In Australia, you need to obtain a Legal Practice Certificate to practise as a solicitor. If you intend to work as a barrister, you will need to complete further training and pass the bar exam to gain a Barrister's Practising Certificate.

- Develop key skills: Family lawyers need exceptional communication skills, empathy, legal research skills, and negotiation abilities.

- Complete supervised practice: After gaining admission, you will typically need to complete 18-24 months of supervised practice at a law firm to become a fully qualified lawyer.

Characteristics Values
Education Complete a Bachelor of Law (LLB) undergraduate degree or a Juris Doctor (JD) postgraduate degree
Both courses are 3 or 4 years long
Practical Experience Complete Practical Legal Training (PLT)
PLT can be completed in less than a year
Admission Gain admission from the relevant state or territories Admissions Authority within 5 years of graduation
Practising Certificate Apply for a Practising Certificate from the local Law Society
Supervised Practice Complete 18 to 24 months of supervised practice at a law firm
Master of Law (LLM) Study an LLM specialising in family law (optional)

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Education

To become a family lawyer in Australia, you need to complete a rigorous program of education and training. The first step is to obtain a bachelor's degree. The most direct route is to complete a Bachelor of Laws (LLB) as your undergraduate degree. This is a competitive program, so you will need a high Australian Tertiary Admission Rank (ATAR). An LLB is a 3- or 4-year full-time undergraduate degree.

Alternatively, you can complete an undergraduate degree in another discipline and then pursue a Juris Doctor (JD) as a postgraduate degree. This is a 2-year full-time program that caters to students from non-legal backgrounds, including those changing careers to become lawyers and international lawyers with qualifications earned abroad.

Both LLB and JD programs will teach you the fundamental legal knowledge and skills you need to work as a lawyer. You will learn about legal concepts and systems in Australia and overseas.

As part of your law degree, you will be required to complete Practical Legal Training (PLT). This step provides valuable real-world experience in a legal setting, so choosing a placement that offers family law experience is beneficial if you are certain that this is the specialism for you. PLT can be completed in less than a year and includes both online study and practical training with an experienced lawyer.

After completing your law degree and PLT, you will need to gain admission to the legal profession. You must demonstrate to the admitting authority that you are a fit and proper person to be admitted, ensuring you meet the ethical standards of the profession. You will need to disclose any criminal, academic, or general misconduct that may be relevant.

Once you have completed your law degree, PLT, and gained admission, you can apply for a Practising Certificate from your local Law Society. This certificate allows you to practise law, but you will initially receive a Restricted Practising Certificate, which requires you to complete 18-24 months of supervised legal practice. During this period, you will gain practical experience interacting with clients, researching cases, and creating legal documents under the guidance of a practising lawyer.

After completing your supervised practice, you can begin working independently as a practising solicitor. At this point, you may also choose to pursue further education by studying a Master of Law (LLM) specialising in family law, although this is not compulsory to practice in this field.

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Practical experience

Practical Legal Training (PLT)

Completing a Practical Legal Training (PLT) program is a mandatory step towards becoming a lawyer in Australia. This training equips you with the practical skills needed for real-world legal work. The PLT can be completed in less than a year and typically involves a combination of coursework and work experience placements. The coursework can be done intensively over 15 weeks (full-time) or spread out over 30 weeks (part-time). The work experience component totals 40 days and provides valuable on-the-job training under the supervision of experienced lawyers.

Choosing a PLT Placement

When selecting your PLT placement, it is beneficial to choose a position that offers family law experience. This decision is not compulsory, but it is highly preferable if family law is your intended specialisation. Gaining practical experience in family law will give you an edge when applying for family lawyer roles and better prepare you for the specific challenges and sensitivities of this field.

Supervised Practice

After completing your PLT, you will need to gain admission to practice law in your state and obtain a Practising Certificate. This certificate allows you to work as a solicitor, but you will initially receive a Restricted Practising Certificate, requiring you to complete 18-24 months of supervised legal practice. During this period, you will work under the guidance of a practising lawyer, who will provide feedback and support as you develop your skills in interacting with clients, researching cases, and creating legal documents.

Building Expertise

The supervised practice period is an excellent opportunity to build expertise in family law. Consider applying for supervised practice with a firm that specialises in family law or has a strong family law department. This will allow you to gain first-hand experience in handling family law cases and develop a deeper understanding of the complexities involved.

Transitioning to Independent Practice

Once you have completed your supervised practice, you can begin your journey as an independent practising solicitor. Many law firms hire lawyers who have completed their supervised practice with them, as these individuals are already familiar with the firm's procedures and clients. However, if you wish to explore other opportunities or start your own practice, you may apply for vacant lawyer roles at different firms.

Ongoing Learning

Even after becoming an independent practitioner, family lawyers should continue developing their expertise through ongoing learning and specialisation. You may choose to pursue a Master of Law (LLM) specialising in family law to enhance your credentials and marketability in this field. Additionally, staying up-to-date with changes in family law and attending relevant continuing professional development (CPD) programs will ensure that you remain a competent and knowledgeable practitioner.

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Admission to practice

To become a practising lawyer in Australia, you must gain admission from the relevant state or territory's Admissions Authority. This usually involves demonstrating that you are a 'fit and proper person' to be admitted to the Australian legal profession. This means you must be of good moral character and disclose any criminal, academic, or general misconduct.

Applying for Admission

To apply for admission, you must have completed a Practical Legal Training (PLT) program and gained your law degree. Once your application has been approved, you can attend an admission ceremony, where you will sign the Roll, make an Oath, and receive your Certificate of Admission.

Practising Certificate

If you plan on working as a solicitor, you will need to apply for a Practising Certificate from your state or territory's Law Society. This certificate will allow you to practise law in your state or territory. If you wish to work as a barrister, you will need to complete further training and pass the bar exam to gain a Barrister's Practising Certificate.

Supervised Practice

As a new solicitor, you will be required to complete 18-24 months of supervised legal practice under the supervision of a practising lawyer. This will provide you with practical experience in interacting with clients, researching cases, and creating legal documents.

Working Independently

After completing your supervised practice, you can begin working as a practising solicitor. Many law firms hire lawyers who have completed their supervised practice at the firm. Alternatively, you may apply for other vacant lawyer roles or start your own practice.

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Qualifications

To become a family lawyer in Australia, you need to complete several qualifications. The first step is to obtain a bachelor's degree in law, specifically a Bachelor of Laws (LLB) or a Juris Doctor (JD) postgraduate degree. These degrees typically take three to four years to complete and cover various legal areas, including criminal law, property law, and ethical and professional conduct.

After obtaining your law degree, the next step is to complete Practical Legal Training (PLT). This training provides you with the practical skills and knowledge needed to work in the legal profession. PLT can be completed in less than a year, and it includes a combination of coursework and work experience.

Once you have completed your PLT, you need to gain admission from the relevant state or territory Admissions Authority. This step involves demonstrating that you are a fit and proper person to be admitted to the legal profession, taking into account any relevant criminal, academic, or general misconduct.

After gaining admission, you can apply for a Practising Certificate from the local Law Society. This certificate allows you to practise law, but you will need to complete 18 to 24 months of supervised practice at a law firm, preferably one specialising in family law if that is your chosen field.

While not compulsory, you may also choose to study a Master of Law (LLM) specialising in family law to further enhance your qualifications and expertise in this area.

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Specialisation

Specialising in a particular area of law is a smart career move for aspiring lawyers. It allows them to develop new knowledge, pursue new opportunities and take on new challenges. However, it is also a commitment.

In Australia, many lawyers choose to pursue a career specialising in an area of law they are passionate about. This could be family law, but also environmental law, criminal law, commercial law, contract law, employment law, cybercrime law, banking law, or consumer law.

Family law is a type of civil law that deals with issues related to relationships and families. Family lawyers help their clients with separation, divorce, child support, adoption, and property and financial settlements. They also advise on alternative dispute resolution options and financial agreements such as prenuptials.

To become a family lawyer in Australia, you will need to complete a Bachelor of Law (LLB) undergraduate degree or a Juris Doctor (JD) postgraduate degree. Both courses are 3 or 4 years long. After this, you will need to complete Practical Legal Training (PLT), which can be done in less than a year.

You will then need to gain admission from the relevant state or territory Admissions Authority within 5 years of graduation and apply for a Practising Certificate from the local Law Society. The next step is to complete 18 to 24 months of supervised practice at a law firm, preferably one that specialises in family law.

Once you have become a practising lawyer, you may choose to study a Master of Law (LLM) specialising in family law. This is not compulsory, but it will give you the opportunity to study family law in great detail and pursue a career in this specialisation.

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Frequently asked questions

You will need to complete a Bachelor of Law (LLB) undergraduate degree or a Juris Doctor (JD) postgraduate degree. Both courses are 3 or 4 years long.

After graduating, you will need to complete Practical Legal Training (PLT), which can be done in less than a year. Then, you must gain admission from the relevant state or territories Admissions Authority within 5 years of graduation.

Family lawyers provide professional advice, assistance and support with a wide range of issues, including separation, divorce, child support, adoption, property and financial settlements. They also advise on alternative dispute resolution options and financial agreements such as prenuptials.

Family lawyers require excellent communication skills, both verbal and written, as well as empathy and understanding. They must be adept at interacting with people from different backgrounds, cultures and professions. Legal research skills are also essential.

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