An action packed week: surrogacy in three States in one week
Sunday, November 30, 2014
In one 7 day period, from the Thursday the week before last to Thursday last week, I appeared in courts in three States about surrogacy matters. Great for Qantas, but by the end of it I wondered which way was up.
On the Thursday before last I appeared in the County Court of Victoria in Melbourne about a surrogacy matter.
Last Monday I appeared in the Childrens Court of Queensland in Brisbane about a surrogacy matter.
On last Thursday, the night after I presented to the Law Society of South Australia about surrogacy, I appeared before the Youth Court of South Australia about surrogacy.
What was unusual about the Adelaide appearance is that in every other State and Territory I have a right of appearance due to my being admitted in Queensland, and having a current practising certificate (i.e. that I am fit to practise and have my professional indemnity insurance paid up. In my case the practising certificate is issued by the Queensland Law Society). This is because I am an Australian lawyer.
South Australia is different. An interstate lawyer such as myself can appear in a South Australian court, but can only appear there (if not having an office in South Australia) if notice is given to the client prior to retainer as to professional indemnity issues. In 2013 I decided, due to my surrogacy practice, to seek admission there. As a result I have been admitted in South Australia since 2013. This enables me to sign off on South Australian recognised surrogacy agreements.