Staying Compliant with Mandatory Legal CPD Rules

Staying Compliant with Mandatory Legal CPD Rules

Continuing Professional Development (CPD) is more than just a regulatory obligation for lawyers in Australia—it’s a structured way to ensure that practitioners remain skilled, ethical, and informed in a fast-evolving profession. Each year, every lawyer holding a practising certificate must complete a prescribed number of CPD units within defined categories. Falling short of these requirements doesn’t just risk disciplinary action—it can also undermine your professional reputation and limit your ability to practise.

What is the current mandatory CPD requirement for all lawyers in Australia?

In every state and territory, each year, lawyers must complete 10 CPD units (or points). These units must cover each of the four standard categories, including Ethics and Professional Responsibility, Practice Management and Business Skills, Professional Skills and Substantive Law. However, in some jurisdictions, there are additional CPD obligations. For example, Tasmania also requires a session on Equality & Wellbeing.

Are there any other differences in CPD requirements between states and territories?

While the number and categories of units are standard across all Australian states and territories, there are some differences. For example, online learning, such as CPD webinars, is considered a capped activity in New South Wales (NSW) and Victoria (VIC), which means that not all of your CPD requirements can be undertaken through online learning. In Queensland (QLD), there is no such cap, and lawyers can complete all 10 points online. Similarly, in Western Australia (WA), there is a requirement to complete at least 5 interactive CPD points. In South Australia, Tasmania, the ACT, and the NT, CPD units are awarded across the same four categories as other states, but again, there are small differences in accepted formats and recognition of cross-border learning.

This makes it clear that while there is uniformity in the CPD requirements for solicitors and lawyers across Australia, the methods for fulfilling these requirements have significant differences between jurisdictions. In some, you are restricted in how you complete your 10 CPD points, whereas in others, you are not. For those practising across state borders, CPD may be cross-recognised (counted against the CPD requirements of one state if completed in another state), depending on the states. It is, however, essential to check with each jurisdiction.

How do CPD rules apply to solicitors specifically in NSW?

In NSW, solicitors are regulated by the Legal Profession Uniform Law (LPUL), which has a set of Continuing Professional Development Rules. The 10 CPD points structure applies; however, the types of activities that can be used to meet the CPD requirements include:

live seminars, workshops or lectures; or
international webinars; or
online courses, provided they are interactive (online assessment or Q&A); or
private study capped at a small portion of the total requirement; or
educational contributions such as preparing or presenting material to legal education events or publishing in law journals.

The NSW regulator, the Law Society of NSW, may undertake random audits of compliance, and so solicitors are expected to keep comprehensive CPD records for at least 3 years.

Non-compliance can result in conditions being imposed on practising certificates, or even disciplinary action.

What are the most common formats for CPD activities that are recognised for compliance purposes?

Lawyers are expected to select a range of CPD activities, and the recognised types include:

Live CPD activities such as seminars, workshops, lectures and interactive webinars.
Interactive online programs, which include an element of live or recorded Q&A or assessments.
Private study, including legal journal or law review articles. This is capped at a certain number of points in some states.
Educational contributions, including preparing or presenting material at legal education events and publications in peer-reviewed journals.
Discussion or mentoring groups (legitimised by some states).

Many lawyers are taking advantage of legal CPD webinars to make the process of acquiring CPD points as simple and flexible as possible.

What are the key compliance deadlines?

The main deadline is usually 31 March, by which time lawyers must have completed and recorded the previous year’s CPD. It is important to remember that because lawyers work on a practising certificate year, that is not necessarily a calendar year. In some states, such as South Australia, the deadline is 30 June. We recommend you use a CPD calculator for lawyers to work out your start and end dates.

Penalties for missing deadlines are stiff, and extensions are not normally granted, except in cases of illness, parental leave, or career breaks. Failing to comply with your CPD requirement, for any reason, can lead to your certificate being subject to conditions.

Are there different CPD rules for different practice areas?

CPD is mandatory for all areas of law. Lawyers who develop a specialisation, such as Succession Law or technology law, are still expected to follow the jurisdiction-wide CPD requirements. However, lawyers who become recognised as specialists by completing a recognised process may have their CPD requirement reduced by 2 points. Again, this is the case for some states but not others.

What are the risks of non-compliance?

Lawyers who fail to meet their CPD requirements face a number of possible sanctions, including:

Conditions are being imposed on their practising certificate.
Requirements to make up the shortfall in the next year’s CPD cycle.
Future non-compliance may be met with disciplinary action and may also have reputational consequences.
Clients may be put off if they are not sure of your credentials or if your knowledge of current law appears lacking.

As CPD is an important part of lawyers’ ongoing professional competence, there are significant long-term as well as short-term risks in failing to meet CPD obligations.

What practical steps can be taken to ensure lawyers can stay compliant with CPD?

Planning is the key to CPD compliance, and there are a few practical tips to ensure CPD points can be gathered easily:

Make a plan at the beginning of your year of practising. Work out how you will achieve the 10 points required and reserve that time in your calendar.
Mix and match the types of activities to suit your interests and your jurisdiction’s requirements. For example, many lawyers make use of legal CPD webinars because they are recorded and can be accessed at a time of their choosing. If it is a requirement of your state to undertake a certain number of face-to-face events, then ensure that you block out the necessary time in your calendar for this.
Keep records of all CPD activities. For every session you complete, keep a record of the date of the activity, the provider, the topic, the category and the points that it contributed. If possible, obtain a certificate or receipt and keep that for at least 3 years.
Find topics and speakers that you are interested in, and explore those areas more deeply rather than just ticking off CPD boxes.
Look for digital CPD that can be done at a time to suit. Recorded legal CPD webinars can be accessed when the lawyer is ready and can be repeated as necessary.

FAQ’s

Q: What is the first step for a newly admitted solicitor regarding CPD?

A: Review your state’s CPD requirements and plan how to meet the 10 units early in your practising year.

Q: Can preparing articles or speaking at legal events count towards CPD?

A: Yes, but there is usually a cap on these types of activities (maximum of 5 units a year, for example)

Q: Are pre-recorded webinars eligible for CPD points?

A: Some states allow pre-recorded webinars if they are live or interactive. Check your state’s requirements for specific conditions.

Q: What if I practise in multiple states with different CPD requirements?

A: CPD for lawyers is often cross-recognised between states, but you must confirm details with each state’s regulator.

Q: How can I make my CPD more meaningful than just a compliance exercise?

A: Focus on activities that will genuinely benefit your career development. Use CPD as an opportunity to build new skills, such as leadership or delve deeper into niche areas of law.

Staying compliant with CPD requirements is not just about avoiding penalties—it’s about ensuring your ongoing professional growth as a lawyer. The legal landscape is complex and rapidly changing, and CPD provides a framework to stay ahead.

Whether through legal CPD webinars that fit seamlessly into your schedule or specialised courses like Succession Law CPD, the right choices can both fulfil your obligations and add tangible value to your practice. By planning ahead, keeping proper records, and selecting meaningful learning opportunities, lawyers can turn compliance into a genuine career advantage.

Continuing Professional Development (CPD) is a fundamental component of the legal practice landscape in Australia. Lawyers are required to undertake a minimum number of CPD units annually, and there are consequences for non-compliance. This guide provides the answers to some frequently asked questions about CPD requirements for lawyers and solicitors in all Australian states and territories.