Suitability Disclosures for Admission as a Lawyer

So, you want to be a lawyer.  The big question is, are you suitable for admission to the legal profession?

We have previously written an article on How to get Admitted as Lawyer in Queensland, which we suggest you read for greater context on the admissions process. This article will focus on your suitability for admission.

As part of the admissions process, the Legal Practitioners Admissions Board and the Supreme Court of Queensland will review your application to determine whether you are suitable to be admitted as a legal practitioner.

Beware of the admissions process should you have any suitability matters to disclose.

 

Suitability for Admission

Section 31 of the Legal Profession Act 2007 (Qld) states:

• a person is suitable for admission as a legal practitioner only if they are a fit and proper person for admission; and
• in deciding whether someone is a fit and proper person for admission, the Supreme Court of Queensland will consider each of the person’s suitability matters to the extent that they are appropriate.

 

Suitability Matters

Section 9 of the Legal Profession Act 2007 (Qld) sets out those suitability matters.

As an overview, suitability matters include but are not limited to, whether:

• you are currently of good fame and character
• you have been insolvent or under administration
• you are or have been a legal practitioner director of an incorporated legal practice while the practice is or was a body corporate
• you have been a director if a corporation while it is or was a body corporate
• you have been convicted of an offence in Australia or a foreign country
• you have engaged in legal practice without admission to the legal profession or in contravention of a condition on which admission or a practicing certificate was granted
• you have practiced law in a foreign country
• you are subject to an unresolved complaint, investigation, charge or order under law
• you are or have been the subject of a disciplinary action in another profession or occupation
• your name has been removed from the roll of solicitors, whether local, interstate or foreign
• your right to practice law has been suspended or cancelled in Australia or in a foreign country
• you have contravened a law about trust money or trust accounts in Australia or in a foreign country
• a manager or receiver has been appointed in relation to any legal practice you have engaged in
• you have been subject to a court order disqualifying you from employment or partnership in an Australian legal practice, or from managing a corporation that is an incorporated legal practice
• you are unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner.

It is fair to say most of these considerations will not apply to most applicants seeking admission to the legal profession.

However, the Legal Profession Act 2007 (Qld) does not contain an exhaustive list of suitability matters.  This is often where applicants become unstuck.

 

Disclosure Guidelines

You can seek further guidance from the Queensland Law Society’s admission kit. In particular, you should review its published Law Admissions Consultative Committee (LACC) Disclosure Guidelines.

These Disclosure Guidelines provide further guidance on determining whether you are ‘currently of good fame and character’ and ‘a fit and proper person’.

Some examples include, consideration of:

• any criminal record
• traffic infringements, parking fines, and other administrative penalties
• tax debts
• SPER debts
• late lodgments of taxation
• social security offences or overpayments
• academic misconduct and allegations relating to academic or conduct issues at university or during the PLT course
• bankruptcy or insolvency
• corporate offences or penalties
• domestic violence, intervention or apprehended violence orders;
• inappropriate conduct or disciplinary history (including academic, volunteer, club/association or work related)
• involvement in litigation or proceedings (including courts, tribunals, commissions, regulatory bodies or other quasi-judicial processes)
• making a false statutory declaration

 

What To Do If I Have Suitability Matters to Disclose

It is important you seek legal advice before disclosure any of these suitability matters, for several reasons.

1. You must ensure your disclosures are full and frank.
2. The disclosures are made early, at the appropriate time during your application, as late disclosure can be considered an act of concealment. Often applicants think that they will explain their suitability issues in their affidavit, when the full circumstances and explanation and relevant documents should be disclosed in an earlier Form 7.
3. Your honesty and candour in making any disclosure is relevant when determining your present character and fitness.
4. There are some intricacies with disclosure wherein, for example, the Act requires disclosures of criminal convictions but the Legal Practitioners Admissions Board and Supreme Court of Queensland in practice, require disclosure of any criminal charge whatsoever.
5. The Board and Supreme Court apply high standards when assessing your disclosures.

In most circumstances, properly disclosing past indiscretions will not be fatal to your application or result in denial of your admission.

If your past conduct was very serious or involved extreme dishonesty, you will have an uphill battle to prove you are suitable for admission to the legal profession.

No matter the seriousness of the conduct, you must ensure your disclosures are completely accurate. They must contain as much information about the circumstances as possible and provide a thorough explanation of your conduct.

The aim is not to minimise your culpability or deflect blame onto others.  Rather, your disclosure needs to demonstrate your insight, take full responsibility and express remorse for the conduct.

Ultimately, you must satisfy the Board and the Supreme Court that you will not repeat the conduct or engage in similar behaviour in the future.

 

Consequences of Inadequate Disclosure

Often the biggest hurdle can be proving your suitability for admission, especially where you have attempted to disclose suitability matters without first consulting a lawyer, as it can be difficult to explain an earlier disclosure if it was lacking or inconsistent.

It is very important, from the outset, that you disclose all suitability matters in a full, frank and timely manner. A lack of candour or incomplete disclosure may delay or prevent your admission to the legal profession.

If the Board considers that you have deliberately or recklessly misrepresented or concealed facts relevant to your disclosure, it may refuse your admission.

This is where many applicants become unstuck. Our legal fees to fix these problems are often higher than if you had engaged us to prepare the disclosure of suitability matters in the first instance.

 

When to Disclose

You must make a full and frank disclosure of any and all suitability matters in writing. You must submit your Form 7 Statement of Eligibility and Suitability for Admission 42 days prior to your proposed admission sitting.

It is very important that you comprehensively set out your suitability matters in this form. You cannot add further information to the affidavit of compliance at a later date. The Board may require you to provide a supplementary Form 7, which could delay your application for admission.

Likewise, your three referees must each complete a Form 8 Certificate of Suitability. They must attest that they are aware of all suitability matters you have disclosed.

 

Supporting Evidence

Just as importantly, you must disclose all documents in your power and possession that are relevant to each suitability matter. As you will have learnt in your legal studies, supporting evidence is key to any disclosure or position you take.

Please contact us if you have any suitability matters before lodging your application material with the Board.

Please note that this article was correct at the time of publication (January 2026), and you should check the QLS admissions kit for any changes.

 

What Happens Following Consideration of Suitability Matters

The Board will initially consider all your material and, depending on your circumstances, may:

• Provide a Certificate of Recommendation
• Provide a Qualified Certificate of Recommendation; or
• Suggest you adjourn your application to obtain further information and material.

If the Board provides a Qualified Certificate of Recommendation, you will need to arrange to file written submissions in the Supreme Court of Queensland regarding your suitability matters. The Board expects a lawyer to draft the submissions and the lawyer who drafts them to move your admission.

We can assist you with your suitability matters and are often engaged to prepare your:

• Form 7
• Affidavit of Compliance; and
• Written submissions to the Supreme Court of Queensland (if required).

Please contact us to discuss your admission application and any potential suitability matters you may have.