Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies to a lawyer who is providing legal services on a claim for damages, or in defence of a claim for damages.
(2) The lawyer must not lodge a pleading in a court for filing, or file a pleading in a court, in relation to the claim unless the lawyer has lodged for filing or filed in the court, or the pleading is accompanied by, a certificate stating that the lawyer believes, on the basis of provable facts and a reasonably arguable view of the law, that the claim or defence has reasonable prospects of success.
(3) Contravention of subsection (2) by a lawyer is not an offence but can be professional misconduct or unsatisfactory professional conduct under the Legal Profession Act 2006 , chapter 4 (Complaints and discipline).
(4) A regulation may make provision in relation to the certificate mentioned in subsection (2), including, for example, about the form of the certificate.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).