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Southeast Asia Free Trade Agreements Modernisation Review

Submission Date: 22 January 2026

The Law Council of Australia provided a submission to the Department of Foreign Affairs and Trade (DFAT) to provide a submission to support its review of Australia’s Free Trade Agreements (FTAs) with Southeast Asia to determine priorities for potential agreement upgrade negotiations (the Review).

In conjunction with the Review, the Law Council received grant funding from the Commonwealth Government to undertake an analysis of barriers to trade in legal services in Southeast Asia and develop a strategy to address these barriers. The Law Council is currently finalising these outputs, which will be provided to DFAT in early 2026.

This submission principally addresses the Law Council’s priorities with respect to trade in legal services in the region. It also provides comments and recommendations in relation to the incorporation of human rights standards in FTAs in response to the recommendations of the Joint Standing Committee on Trade and Investment Growth inquiry into understanding the utilisation of benefits under FTAs.

Trade in Legal Services

Australian businesses that seek to expand into or operate in Southeast Asia rely on Australian and foreign lawyers to navigate a web of challenging and evolving business, legal and regulatory obligations. At the same time, Southeast Asia remains one of the world’s most restrictive regions for trade in legal services.

Improvements to the conditions of access for lawyers into overseas markets can have a broader impact on overall trade volumes, the availability of foreign investment and the efficiency with which transactions are conducted, and disputes can be concluded.

There is a growing demand for fully integrated legal services (i.e. legal services that combine advice on local, foreign and international law) driven by international clients involved in cross border trade and investment. The availability of these services is underpinned by the implementation of a system of regulation that permits local and foreign lawyers to work together flexibly to jointly provide advice on local and foreign law.

Regulations that support local and foreign lawyers to work together also facilitate the two-way transfer of skills, knowledge and expertise between lawyers from around the world. Working together, local and foreign lawyers mutually influence the way that law is practised in the host country. This supports improved business and client outcomes through availability of a wider range of services and drives changes in the way services are delivered.

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Last Updated on 22/01/2026

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