Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsDictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• authorised deposit-taking institution (or ADI)
• business day
• change
• contravene
• Commonwealth
• Corporations Act
• daily newspaper
• document
• entity
• exercise
• external territory
• financial year
• for
• foreign country
• function
• indictable offence
• individual
• in relation to
• may (see s 146)
• must (see s 146)
• power
• reviewable decision notice
• State
• Supreme Court
• territory law
• under.
"ACAT trust account"—see the ACT Civil and Administrative Tribunal Act 2008, section 115B (2).
"admissions board" means the Legal Practitioners Admissions Board established by section 558.
"admission rules" means rules relating to the admission of lawyers and associated matters made under the Court Procedures Act 2004 for part 2.3 (Admission of local lawyers), and includes any forms approved under that Act for those rules or that part.
"admission to the legal profession" means admission by a Supreme Court as—
(a) a lawyer; or
(b) a legal practitioner; or
(c) a barrister; or
(d) a solicitor; or
(e) a barrister and solicitor; or
(f) a solicitor and barrister;
under this Act or a corresponding law, but does not include the grant of a practising certificate under this Act or a corresponding law.
"affairs", of a law practice, includes the following:
(a) all accounts and records required under this Act to be kept by the practice or an associate or former associate of the practice;
Note This Act is defined in the dictionary.
(b) other records of the practice or an associate or former associate of the practice;
(c) any transaction to which the practice or an associate or former associate of the practice was or is a party;
(d) any transaction in which the practice or an associate or former associate of the practice has acted for a party.
"amend" includes—
(a) in relation to a practising certificate—
(i) impose a condition on the certificate; and
(ii) amend or revoke a condition already imposed on the certificate; and
(b) in relation to registration as a foreign lawyer—
(i) amend the lawyer's registration certificate; and
(ii) impose a condition on the registration; and
(iii) amend or revoke a condition already imposed on the registration.
"approved", for a policy of indemnity insurance, for part 3.3 (Professional indemnity insurance)—see section 312.
"approved ADI", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"approved policy of fidelity insurance", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"ASIC exemption", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"associate"—
(a) of a law practice, for the Act—see section 9; and
(b) of a solicitor, for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"associated third party payer", for part 3.2—see section 261A (Terms relating to third party payers).
"Australia", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"Australian law", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"Australian lawyer"—see section 7.
"Australian legal practitioner"—see section 8.
"Australian practising certificate" means a local practising certificate or an interstate practising certificate.
"Australian-registered foreign lawyer" means a locally-registered foreign lawyer or an interstate-registered foreign lawyer.
"Australian roll" means the local roll or an interstate roll.
"Australian trust account" means a local trust account or an interstate trust account.
"bar association" means the Australian Capital Territory Bar Association (ACN 008 481 258), a corporation incorporated under the Corporations Act.
"bar council" means the Council of the bar association.
"barrister" means—
(a) a local legal practitioner who holds a current barrister practising certificate; or
(b) an interstate legal practitioner who holds a current interstate practising certificate that entitles the practitioner to engage in legal practice only as or in the manner of a barrister.
"borrower", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"capping and sufficiency provisions", for part 3.4 (Fidelity cover)—see section 316.
"claim", for part 3.4 (Fidelity cover)—see section 316.
"claimant", for part 3.4 (Fidelity cover)—see section 316.
"client"—
(a) for this Act generally—includes a person to whom or for whom legal services are provided; and
(b) for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"compensation order", for part 4.8 (Compensation)—see section 441.
"complaint", for chapter 4 (Complaints and discipline)—see section 383.
"compliance certificate"—see section 29 (Compliance certificates).
"complying community legal centre"—see section 208.
"concerted interstate default", for part 3.4 (Fidelity cover)—see section 316.
"conditional costs agreement", for part 3.2 (Costs disclosure and assessment)—see section 261.
"conditions" means conditions, limitations or restrictions.
"conduct", for chapter 4 (Complaints and discipline)—see section 383.
"connected", for part 6.3 (Entry and search of premises)—see section 529.
"contributor", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"contributory", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"controlled money"—see section 210 (1).
"controlled money account", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"conviction"—see section 13.
"corporation", for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"corresponding authority" means—
(a) an entity with functions under a corresponding law; or
(b) when used in the context of an entity having functions under this Act (the "local authority")—
(i) an entity with corresponding functions under a corresponding law; and
(ii) without limiting subparagraph (i), if the functions of the local authority relate to local lawyers or local legal practitioners generally or are limited to any particular class of local lawyers or local legal practitioners—an entity having corresponding functions under a corresponding law, whether or not they relate to interstate lawyers or interstate legal practitioners generally or are limited to any particular class of interstate lawyers or interstate legal practitioners.
"corresponding disciplinary body" means—
(a) a court or tribunal with functions under a corresponding law that correspond to any of the functions of the ACAT under this Act; or
(b) the Supreme Court of another jurisdiction exercising—
(i) its inherent jurisdiction or powers in relation to the control and discipline of any Australian lawyer; or
(ii) its jurisdiction or powers to make orders under a corresponding law of the other jurisdiction in relation to any Australian lawyer.
"corresponding foreign law" means the following:
(a) a law of a foreign country that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the foreign country to be a law that corresponds to this Act, the law declared under that regulation for the foreign country;
(b) if the term is used in relation to a matter that happened before the commencement of the law of a foreign country that, under paragraph (a), is the corresponding law for the foreign country—a previous law applying to legal practice in the foreign country.
"corresponding law" means the following:
(a) a law of another jurisdiction that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the other jurisdiction to be a law that corresponds to this Act, the law declared under that regulation for the other jurisdiction;
(b) if the term is used in relation to a matter that happened before the commencement of the law of another jurisdiction that, under paragraph (a), is the corresponding law for the other jurisdiction—a previous law applying to legal practice in the other jurisdiction.
"costs agreement", for part 3.2 (Costs disclosure and assessment)—see section 261.
"costs assessment", for part 3.2 (Costs disclosure and assessment)—see section 261.
"council "means the bar council or law society council.
"data", for part 6.3 (Entry and search of premises)—see section 529.
"data storage device", for part 6.3 (Entry and search of premises)—see section 529.
"default", in relation to a law practice, for part 3.4 (Fidelity cover)—see section 316.
"director", for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"disbursements", for part 3.2 (Costs disclosure and assessment)—see section 261.
"disciplinary action", for part 4.9 (Publicising disciplinary action)—see section 447.
"dishonesty", for part 3.4 (Fidelity cover)—see section 316.
"disqualified person" means any of the following people:
(a) a person whose name has been removed from an Australian roll (whether or not at the request of the person) and who has not later been admitted to the legal profession under this Act or a corresponding law;
(b) a person who is not an Australian legal practitioner because the person's Australian practising certificate has been cancelled under this Act or a corresponding law;
(c) a person whose Australian practising certificate has been suspended under this Act or a corresponding law and in relation to whom the suspension is in force;
(d) a person who has been refused a renewal of an Australian practising certificate under this Act or a corresponding law and who has not later been granted an Australian practising certificate;
(e) a person who is the subject of an order under this Act or a corresponding law prohibiting a law practice from employing or paying the person in relation to the practice;
(f) a person who is the subject of an order under this Act or a corresponding law prohibiting an Australian legal practitioner from being a partner of the person in a business that includes the practitioner's practice;
(g) a person who is the subject of an order under section 123 (Disqualification from managing incorporated legal practice) or section 148 (Prohibition on multidisciplinary partnerships with certain partners who are not Australian legal practitioners) or under a provision of a corresponding law that corresponds to section 123 or section 148.
"engage in legal practice" includes practise law.
"external examination", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"external examiner", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"external intervener", for chapter 5 (External intervention)—see section 473.
"external intervention", for chapter 5 (External intervention)—see section 473.
"fidelity fund"—see section 320.
"financial institution", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"foreign law", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"foreign law practice", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"foreign licensing body", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"foreign roll" means an official roll of lawyers (whether admitted, practising or otherwise) kept in a foreign country, but does not include a roll prescribed by regulation.
"general trust account", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"government agency" means––
(a) a government department (however described) of the Territory, the Commonwealth or another jurisdiction; or
Note Jurisdiction means a State or Territory (see dict).
(b) an entity prescribed by regulation as a government agency.
"government lawyer" means an Australian lawyer, or a person eligible to be admitted as an Australian lawyer, employed by––
(a) the Territory, the Commonwealth or another jurisdiction; or
Note Jurisdiction means a State or Territory (see the dictionary).
(b) a government agency.
"grant" an interstate practising certificate includes issue an interstate practising certificate.
"home jurisdiction"—see section 10.
"incorporated legal practice"—see section 101.
"information notice"—see section 12.
"insolvent under administration" means—
(a) a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 (Cwlth) (or the corresponding provisions of the law of a foreign country or external territory); or
(b) a person who has executed a personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth) (or the corresponding provisions of the law of a foreign country or external territory) but not if the agreement has been set aside or terminated or all of the obligations created by the agreement have been discharged; or
(c) a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth), part 9 (or the corresponding provisions of the law of a foreign country or external territory) if the debt agreement has not ended or has not been terminated; or
(d) a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part 10 (or the corresponding provisions of the law of a foreign country or external territory) if the terms of the deed have not been fully complied with; or
(e) a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part 10 (or the corresponding provisions of the law of a foreign country or external territory) if a final payment has not been made under the composition.
"interstate lawyer"—see section 7.
"interstate legal practitioner"—see section 8.
"interstate practising certificate" means a current practising certificate granted under a corresponding law.
"interstate-registered foreign lawyer" means a person who is registered as a foreign lawyer under a corresponding law.
"interstate roll" means a roll of lawyers kept under a corresponding law.
"interstate trust account" means a trust account kept under a corresponding law.
"investigation", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"investigator", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"itemised bill", for part 3.2 (Costs disclosure and review)—see section 261.
"jurisdiction" means a State or Territory.
"law firm" means a partnership consisting only of—
(a) Australian legal practitioners; or
(b) 1 or more Australian legal practitioners and 1 or more Australian-registered foreign lawyers.
"law practice" means—
(a) for the Act—
(i) an Australian legal practitioner who is a sole practitioner; or
(ii) a law firm; or
(iii) a multidisciplinary partnership; or
(iv) an incorporated legal practice; and
(b) for part 3.1—see section 218 (2).
"law society" means the Law Society of the Australian Capital Territory established under section 576.
"law society council" means the Council of the law society.
"lay associate", of a law practice—see section 9.
"legal costs" means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including disbursements but not including interest.
"legal practitioner associate", of a law practice—see section 9.
"legal practitioner director", of an incorporated legal practice—see section 99.
"legal practitioner partner", of a multidisciplinary partnership—see section 99.
"legal profession rules" means rules made under part 7.4.
"legal services" means work done, or business transacted, in the ordinary course of legal practice.
"lender", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"licensing body" means the law society council.
"litigious matter", for part 3.2 (Costs disclosure and assessment)—see section 261.
"local lawyer"—see section 7.
"local legal practitioner"—see section 8.
"local practising certificate" means a current practising certificate granted under this Act.
"local registration certificate", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"local roll" means the roll of lawyers kept under this Act.
"local trust account" means a trust account kept under this Act.
"locally-registered foreign lawyer" means a person who is registered as a foreign lawyer under this Act.
"lump sum bill", for part 3.2 (Costs disclosure and assessment)—see section 261.
"managed investment scheme"—see the Corporations Act, section 9.
"member", of a managed investment scheme, for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"mortgage" means an instrument under which an interest in real property is charged, encumbered or transferred as security for the payment or repayment of money, and includes—
(a) an instrument prescribed by regulation for this definition; and
(b) a proposed mortgage.
"mortgage financing" means facilitating a loan secured or intended to be secured by mortgage by—
(a) acting as an intermediary to match a prospective lender and borrower; or
(b) arranging the loan; or
(c) receiving or dealing with payments for the purposes of, or under, the loan;
but does not include providing legal advice or preparing an instrument for the loan.
"multidisciplinary partnership"—see section 134.
"non-associated third party payer", for part 3.2—see section 261A.
"occupier", for part 6.3 (Entry and search of premises)—see section 529.
"offence", for part 6.3 (Entry and search of premises)—see section 529.
"officer", for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"official complaint", for chapter 44 (Complaints and discipline)—see section 383.
"overseas-registered foreign lawyer", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"pecuniary loss", in relation to a default, for part 3.4 (Fidelity cover)—see section 316.
"permanent form", in relation to a trust record, for part 3.1 (Trust money and trust accounts)—see section 210 (2) and (3).
"person assisting", for part 6.3 (Entry and search of premises)—see section 529.
"practical legal training" means—
(a) legal training by participation in course work; or
(b) legal training under the supervision of an Australian lawyer, whether involving articles of clerkship or otherwise; or
(c) a combination of both kinds of legal training.
"practise foreign law", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"premises" includes land or a structure or vehicle and any part of an area of land or a structure or vehicle.
"prescribed relationship", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"principal", of a law practice—see section 9.
"professional misconduct"—see section 387.
"professional obligations", of an Australian legal practitioner, for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"quashing", of a conviction for an offence—see section 13.
"register of disciplinary action"—see section 448.
"registered", used in relation to a foreign country, for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"registrar" means the registrar of the Supreme Court.
"regulated mortgage", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"regulated property", for a law practice, for chapter 5 (External intervention)—see section 473.
"regulatory authority" means—
(a) in relation to the ACT—
(i) a council; or
(ii) another authority having functions under this Act; or
(iii) an entity prescribed by regulation for this paragraph; or
(b) in relation to another jurisdiction, means—
(i) if there is only 1 regulatory authority for the other jurisdiction—that regulatory authority, unless subparagraph (iii) applies; or
(ii) if there are separate regulatory authorities for the other jurisdiction for different branches of the legal profession or for people who practise in a particular style of legal practice—the regulatory authority relevant to the branch or style concerned, unless subparagraph (iii) applies; or
(iii) if a regulation prescribes 1 or more regulatory authorities for the other jurisdiction either generally or for particular purposes—the prescribed regulatory authority or authorities.
"related body corporate", for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"relevant council" means—
(a) in relation to an Australian legal practitioner who is, or a former Australian legal practitioner who was, a barrister or who is an applicant for grant of a barrister practising certificate—the bar council; or
(b) in relation to an Australian legal practitioner who is, or a former Australian legal practitioner who was, a solicitor or who is an applicant for grant of an unrestricted practising certificate or a restricted practising certificate—the law society council; or
(c) in relation to an employee, or former employee, of a solicitor—the law society council;
and includes the law society council in relation to the exercise of a function by the law society council as the licensing body.
"relevant jurisdiction", for part 3.4 (Fidelity cover)—see section 327.
"responsible entity", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"restricted practising certificate" means a local practising certificate or interstate practising certificate that is not an unrestricted practising certificate or barrister practising certificate.
"reviewable decision", for chapter 9 (General provisions)—see section 598.
"run-out mortgage", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"scale of costs", for part 3.2 (Costs disclosure and assessment)—see section 261.
"search warrant", for part 6.3 (Entry and search of premises)—see section 529.
"serious offence" means an offence whether committed in or outside the ACT that is—
(a) an indictable offence against a law of the Commonwealth or any jurisdiction (whether or not the offence is or may be dealt with summarily); or
(b) an offence against a law of another jurisdiction that would be an indictable offence against a territory law if committed in the ACT (whether or not the offence could be dealt with summarily if committed in the ACT); or
(c) an offence against a law of a foreign country that would be an indictable offence against a territory law or a law of the Commonwealth if committed in the ACT (whether or not the offence could be dealt with summarily if committed in the ACT).
"show-cause event", in relation to a person, means—
(a) the person becoming an insolvent under administration; or
(b) the person being convicted of a serious offence or tax offence, whether or not—
(i) the offence was committed in or outside the ACT; or
(ii) the offence was committed while the person was engaging in legal practice as an Australian legal practitioner or was practising foreign law as an Australian-registered foreign lawyer; or
(iii) other people are prohibited from disclosing the identity of the offender.
"sole practitioner" means an Australian legal practitioner who engages in legal practice on his or her own account.
"solicitor" means—
(a) a local legal practitioner who holds a current unrestricted practising certificate or restricted practising certificate; or
(b) an interstate legal practitioner who holds an interstate practising certificate that does not restrict the practitioner to engage in legal practice only as or in the manner of a barrister.
"sophisticated client", for part 3.2 (Costs disclosure and assessment)—see section 261.
"statutory interest account"—see section 253.
"suitability matter", for an individual—see section 11.
"supervised legal practice" means legal practice by a person who is an Australian legal practitioner—
(a) as an employee of a law practice, if—
(i) at least 1 partner, legal practitioner director or other employee of the law practice is an Australian legal practitioner who holds an unrestricted practising certificate; and
(ii) the person engages in legal practice under the supervision of an Australian legal practitioner mentioned in subparagraph (i); or
(b) as a partner in a law firm, if—
(i) at least 1 other partner is an Australian legal practitioner who holds an unrestricted practising certificate; and
(ii) the person engages in legal practice under the supervision of an Australian legal practitioner mentioned in subparagraph (i); or
(c) as a government lawyer, if the person engages in legal practice under the supervision of an Australian lawyer who holds, or otherwise meets the criteria for the grant or renewal of, an unrestricted practising certificate; or
(d) in a capacity approved under the legal profession rules.
"tax offence" means any offence against the Taxation Administration Act 1953 (Cwlth), whether committed in or outside the ACT.
"territory regulated mortgage", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"territory regulated mortgage practice", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"third party payer", for part 3.2—see section 261A.
"this Act" includes the admission rules and any other rules made under the Court Procedures Act 2004 for this Act.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or legal profession rule (see Legislation Act, s 104).
"transit money"—see section 210 (1).
"trust account", for part 3.1 (Trust money and trust accounts)—see section 210 (2) and (3).
"trust money" means money entrusted to a law practice in the course of or in connection with the provision of legal services by the practice, and includes—
(a) money received by the practice on account of legal costs in advance of providing the services; and
(b) controlled money received by the practice; and
(c) transit money received by the practice; and
(d) money received by the practice that is the subject of a power, exercisable by the practice or an associate of the practice, to deal with the money for or on behalf of another person.
"trust property" means property entrusted to a law practice in the course of or in connection with the provision of legal services by the practice, but does not include trust money.
"trust records", for part 3.1 (Trust money and trust accounts)—see section 210 (2) and (3).
"uplift fee", for part 3.2 (Costs disclosure and assessment)—see section 261.
"unrestricted practising certificate" means a local practising certificate that is an unrestricted practising certificate or an interstate practising certificate that—
(a) is not subject to a condition under a corresponding law similar to the condition under section 50 (Statutory condition about practice as solicitor) or a similar condition under a corresponding law; and
(b) is not subject to a condition that restricts the holder of the certificate to practise only as or in the manner of a barrister; and
(c) is not subject to any other condition (other than a condition requiring the holder of the certificate to undertake and complete 1 or more courses of continuing legal education or a condition prescribed by regulation); and
(d) is not subject to a condition similar to a condition under section 50 and whose holder would not be subject to a condition under that section if the holder were to apply for and be granted a local practising certificate.
"unsatisfactory employment conduct"—see section 388.
"unsatisfactory professional conduct"—see section 386.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
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am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
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disallowed = disallowed by the Legislative |
(prev...) = previously |
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Assembly |
pt = part |
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div = division |
r = rule/subrule |
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exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
Legal Profession Act 2006 A2006-25
notified LR 21 June 2006
s 1, s 2 commenced 21 June 2006 (LA s 75 (1))
remainder commenced 1 July 2006 (s 2)
as amended by
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.22
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 2 pt 2.22 commenced 29 September 2006 (s 2 (1))
as modified by
Legal Profession Regulation 2006 SL2006-37 (as am by SL2006-49 s 4, SL2007-4 s 4, SL2007-10 s 7)
notified LR 30 June 2006
s 1, s 2 commenced 30 June 2006 (LA s 75 (1))
remainder commenced 1 July 2006 (s 2)
Legal Profession Amendment Regulation 2006 (No 1) SL2006-49 s 4
notified LR 30 November 2006
s 1, s 2 commenced 30 November 2006 (LA s 75 (1))
s 4 commenced 1 December 2006 (s 2)
Note This regulation only amends the Legal Profession Regulation 2006 SL2006-37.
Legal Profession Amendment Regulation 2007 (No 1) SL2007-4 s 4
notified LR 26 February 2007
s 1, s 2 commenced 26 February 2007 (LA s 75 (1))
s 4 commenced 27 February 2007 (s 2)
Note This regulation only amends the Legal Profession Regulation 2006 SL2006-37.
Legal Profession Amendment Regulation 2007 (No 2) SL2007-10 s 7
notified LR 17 May 2007
s 1, s 2 commenced 17 May 2007 (LA s 75 (1))
s 7 commenced 18 May 2007 (s 2)
Note This regulation only amends the Legal Profession Regulation 2006 SL2006-37.
Legal Profession Regulation 2007 SL2007-27 pt 20
notified LR 28 September 2007
s 1, s 2 commenced 28 September 2007 (LA s 75 (1))
pt 20 commenced 1 October 2007 (s 2 (2) and see Legal Profession Amendment Act 2007 A2007-28 s 2)
as amended by
Legal Profession Amendment Act 2007 A2007-28
notified LR 28 September 2007
s 1, s 2 commenced 28 September 2007 (LA s 75 (1))
remainder commenced 1 October 2007 (s 2)
Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.22
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))
sch 3 pt 3.22 commenced 27 December 2007 (s 2)
as modified by
Legal Profession Regulation 2007 SL2007-27 (as am by SL2008-13)
notified LR 28 September 2007
s 1, s 2 commenced 28 September 2007 (LA s 75 (1))
s 91 commenced 1 October 2007 (s 2 (1))
remainder commenced 1 October 2007 (s 2 (2) and see Legal Profession Amendment Act 2007 A2007-28 s 2)
Legal Profession Amendment Regulation 2008 (No 1) SL2008-13
notified LR 31 March 2008
s 1, s 2 commenced 31 March 2008 (LA s 75 (1))
remainder commenced 1 April 2008 (s 2)
Note This regulation only amends the Legal Profession Regulation 2007 SL2007-27.
as amended by
Statute Law Amendment Act 2008 A2008-28 sch 1 pt 1.4, sch 3 pt 3.37
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 1 pt 1.4, sch 3 pt 3.37 commenced 26 August 2008 (s 2)
Justice and Community Safety Legislation Amendment Act 2008 (No 3) A2008-29 sch 1 pt 1.8
notified LR 13 August 2008
s 1, s 2 commenced 13 August 2008 (LA s 75 (1))
sch 1 pt 1.8 commenced 27 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.33
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.33 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.64
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.64 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.49
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.49 commenced 22 September 2009 (s 2)
as modified by
ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2 s 67 (as am by SL2009-51 s 6, s 7)
notified LR 29 January 2009
s 1, s 2 commenced 29 January 2009 (LA s 75 (1))
s 67 commenced 2 February 2009 (s 2 and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
ACT Civil and Administrative Tribunal (Transitional Provisions) Amendment Regulation 2009 (No 1) SL2009-51 s 6, s 7
notified LR 30 October 2009
s 1, s 2 commenced 30 October 2009 (LA s 75 (1))
s 6, s 7 commenced 31 October 2009 (s 2)
Note This regulation only amends the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2.
Commencement
s
2 om LA s 89 (4)
Terms relating to associates and principals
of law practices
s 9 am A2007-28
s 4, s 5
Eligibility for
admission
s 21 am A2007-39 amdt
3.97; A2008-29 amdt 1.23
Appeal to Supreme Court on refusal of
declaration
s 25 am A2006-40 amdt
2.119
Local lawyer is officer of Supreme
Court
s 28 am A2007-28 s
6
Suitability to hold local practising
certificate
s 36 am A2007-28 s 7,
s 8; A2008-36 amdt 1.370
Conditions on practising
certificate—government lawyer and in-house
lawyer
s 38 sub A2007-28 s
9
am A2008-29 amdt
1.24
Continuing obligation for professional
indemnity insurance for local practising
certificate
s 39 om A2007-28 s
9
Application for grant or renewal of local
practising certificate
s 41 am
A2007-28 ss 10-15; pars renum R7 LA
Grant or renewal of unrestricted or
restricted practising
certificate
s 44 am A2007-28 s
16
Grant or renewal of barrister practising
certificate
s 45 am A2007-28 s
17
Conditions on local practising certificates
generally
s 46 am A2008-36 amdt
1.371
Conditions imposed on local practising
certificate by licensing body or relevant
council
s 47 am A2007-28 ss
18-20
Compliance with conditions of local
practising certificate
s 53 am
A2007-28 s 21
Amending, suspending or cancelling local
practising certificate
s 56 am
A2007-28 ss 22-26
Other ways of amending or cancelling local
practising certificate
s 58 am
A2007-28 s 27; ss renum R7 LA
Relationship of div 2.4.6 with ch
4
s 59 am A2007-28 s
28
Applicant for local practising
certificate—show-cause
event
s 60 am A2007-28 s 29; ss
renum R7 LA
Relationship of div 2.4.7 with pt 4.4 and ch
6
s 67 am A2007-28 s
30
Return of local practising
certificate
s 71 am A2008-36 amdt
1.372
Professional indemnity
insurance—interstate legal
practitioners
s 72 am A2007-28 ss
31-34
Special provisions about interstate legal
practitioner engaging in unsupervised legal practice in
ACT
s 75 am A2007-28 s
35
Protocols with regulatory
authorities
s 77 am A2007-28 s
36
Investigation of practising certificate
applicants or holders etc
s 78 am
A2007-28 s 37
Appeals against decisions of licensing body
or relevant council
s 81 am
A2006-40 amdt 2.119, amdt 2.120
Government lawyers
generally
s 82 am A2007-28 s 38,
s 39
Government lawyers of other
jurisdictions
s 83 am A2007-28 s
40, s 41
Official notice to other jurisdictions of
removals from local roll
s 88 am
A2007-28 s 42, s 43
Lawyer to give notice of removal in another
jurisdiction
s 91 hdg sub
A2007-28 s 44
s 91 am A2007-28 ss
45-47
Lawyer to give notice of foreign regulatory
action
s 92A ins A2007-28 s
48
Provisions applying to notices under div
2.5.3
s 93 hdg sub A2007-28 s
49
s 93 am A2007-28 s
50
Peremptory removal of local lawyer's
name from local roll following removal in another
jurisdiction
s 94 am A2007-28 s
51
Peremptory cancellation of local practising
certificate following removal of name from interstate
roll
s 95 am A2007-28 s
52
Show-cause procedure for removal of
lawyer's name from local roll following foreign regulatory
action
s 96 sub A2007-28 s
53
Show-cause procedure for cancellation of
local practising certificate following foreign regulatory
action
s 97 sub A2007-28 s
53
Order for non-removal of name or
non-cancellation of local practising
certificate
s 97A ins A2007-28 s
53
Definitions—pt
2.6
s 99 def disqualified
person om A2007-28 s 54
Incorporated legal practice must have legal
practitioner director etc
s
107 am A2007-28 s 55, s 56; ss renum R7 LA
Obligations of legal practitioner director
relating to misconduct—incorporated legal
practices
s 108 am A2007-28 s 57;
ss renum R7 LA
Advertising requirements—incorporated
legal practices
s 116 am A2007-28
s 58
Sharing of receipts, revenue or other
income—incorporated legal
practices
s 118 hdg sub A2007-28
s 59
s 118 am A2007-28 s
60
Disqualified people—incorporated legal
practices
s 119 am A2007-28 s
61
Audit of incorporated legal
practices
s 120 am A2007-28 s
62
Sharing of receipts, revenue or other
income—multidisciplinary
partnerships
s 146 hdg sub
A2007-28 s 63
s 146 am A2007-28 s
64
Disqualified people—multidisciplinary
partnerships
s 147 am A2007-28 s
65, s 66
Definitions—pt
2.7
s 152 def commercial
legal presence om A2007-28 s 67
Requirement for registration to practice
foreign law
s 155 am A2007-28 s
68
Application of Australian professional
ethical and practice standards to practice of foreign
law
s 159 am A2007-28 s
69
Advertising by Australian-registered foreign
lawyers
s 162 am A2007-28 s
70
Trust money and trust
accounts—Australian-registered foreign
lawyers
s 164 am A2007-28 s 71, s
72
Professional indemnity
insurance—Australian-registered foreign
lawyers
s 165 am A2007-28 ss
73-75; ss renum R7 LA
Approved form for grant or renewal
application—foreign
lawyers
s 171 am A2007-28 s
76
Requirements for applications for grant or
renewal of registration—foreign
lawyers
s 172 am A2007-28 ss
77-80
Grant or renewal of registration as foreign
lawyer
s 173 am A2007-28 s 81, s
82
Requirement to grant or renew registration
as foreign lawyer if criteria
satisfied
s 174 am A2007-28 s
83
Refusal to grant or renew registration as
foreign lawyer
s 175 am A2007-28
s 84; A2008-36 amdt 1.373
Grounds for amending, suspending or
cancelling registration of foreign
lawyer
s 177 am A2007-28 s 85, s
86
Amending, suspending or cancelling
registration of foreign lawyer
s
178 am A2007-28 ss 87-91
Relationship of div 2.7.6 with ch
4
s 181 am A2007-28 s
92
Conditions on local registration
generally
s 192 am A2008-36 amdt
1.374
Imposition and amendment of conditions on
local registration pending criminal
proceedings
s 194 am A2008-36
amdt 1.375
Investigation of applicants and
locally-registered foreign lawyers
etc
s 200 am A2007-28 s
93
Appeals or
reviews
s 207 am A2006-40 amdt
2.121; A2007-28 s 94
Definitions—pt
3.1
s 210 am A2007-28 s
99
s 210 (1) def controlled
money am A2007-28 s 95
def
deposit record ins A2007-28 s
96
s 210 (2) def controlled
money account am A2007-28 s
97
def trust records
am A2007-28 s 98
Money involved in financial services or
investments
s 212 am A2007-28 s
100
When money is received by law
practice
s 216 am A2007-28 s
101
Keeping of general trust
account
s 221 am A2007-28 s
102
Certain trust money to be deposited in
general trust account
s 222 am
A2007-28 ss 103-105; ss renum R7 LA
Way of withdrawing trust money from general
trust account
s 223A ins A2007-28
s 106
Way of withdrawing controlled money from
controlled money account
s
224A ins A2007-28 s 107
Transit
money
s 225 am A2007-28 s
108
Trust money subject to specific
powers
s 226 am A2007-28 ss
109-111
Trust money received in form of
cash
s 226A ins A2007-28 s
112
Dealing with trust money—legal costs
and unclaimed money
s 229 am
A2007-28 ss 113-116
Costs of
investigation
s 239 am A2006-40
amdt 2.122, amdt 2.123; A2007-28 s 117; ss renum R7 LA
Trust records to be externally
examined
s 241 sub A2007-28 s
118
Appointment of external examiners by
licensing body
s 242 om A2007-28
s 118
Costs of
examination
s 249 am A2006-40
amdt 2.124, amdt 2.125; A2008-28 amdt 1.6
Reports, records and information by
ADIs
s 252 am A2007-28 s
119
Statutory
deposits
s 253 am A2007-28 s 120;
A2008-37 amdt 1.292
Application of pt 3.1 to incorporated legal
practices and multidisciplinary
partnerships
s 255 am A2007-28 s
121, s 122; ss renum R7 LA
Disclosure—money not received as trust
money
s 257 am A2007-28 s
123
Regulations and legal profession
rules—pt 3.1
s 260 sub
A2007-28 s 124
Costs disclosure and
assessment
pt 3.2 hdg sub
A2007-28 s 125
Definitions—pt
3.2
s 261 def client
om A2007-28 s 126
def
costs review sub A2007-28 s
127
def itemised bill
am A2007-28 s 128
def
public authority ins A2007-28 s
129
def sophisticated client
ins A2007-28 s 130
def
third party payer ins A2007-28 s
130
def uplift fee sub
A2007-28 s 131
Terms relating to third party
payers
s 261A ins A2007-28 s
132
Purposes—pt
3.2
s 262 am A2007-28 s
133
Pt 3.2 also applies by agreement or at
client's election
s 264 am
A2007-28 ss 134-136; ss renum R7 LA
Displacement of pt
3.2
s 265 am A2007-28 s
137
How and where does a client first instruct a
law practice?
s 266 sub A2007-28
s 138
What happens when different laws apply to a
matter?
s 268 am A2007-28 s
139
Disclosure of costs to
clients
s 269 am A2007-28 ss
140-147; ss and pars renum R7 LA
Disclosure if another law practice is to be
retained
s 270 am A2007-28 s
148
How and when must disclosure be made to a
client?
s 271 hdg sub A2007-28 s
149
s 271 am A2007-28 s
150
Exceptions to requirement for
disclosure
s 272 am A2007-28 ss
151-154
Additional disclosure—uplift
fees
s 274 sub A2007-28 s
155
Form of
disclosure
s 275 am A2007-28 s
156
Effect of failure to
disclose
s 277 am A2007-28 s 157;
ss renum R7 LA
Progress
reports
s 278 am A2007-28 s
158
On what basis are legal costs
recoverable?
s 279 am A2007-28 s
159
Interest on unpaid legal
costs
s 281 am A2007-28 ss
160-162
Disclosure to associated third party
payers
s 281A ins A2007-28 s
163
Making costs
agreements
s 282 am A2007-28 s
164-166
Conditional costs
agreements
s 283 am A2007-28 s
167
Conditional costs agreements involving
uplift fee
s 284 am A2007-28 s
168
Contingency fees
prohibited
s 285 am A2007-28 s
169
Effect of costs
agreement
s 286 am A2007-28 s
170, s 171
Certain costs agreements
void
s 287 am A2007-28 s
172
Setting aside costs agreements or provisions
of costs agreements
s 288 sub
A2007-28 s 173
Bills
s 290 am A2007-28 s 174; ss
renum R7 LA
Notification of client's
rights
s 291 am A2007-28 ss
175-177
Request for itemised
bill
s 292 sub A2007-28 s
178
am A2008-28 amdt
3.104
Interim
bills
s 293 am A2007-28 s
179
Costs
assessment
div 3.2.7 hdg sub
A2007-28 s 180
Definition—div
3.2.7
s 294 sub A2007-28 s
181
def client ins
A2007-28 s 181
Application by client or third party payer
for costs assessment
s 294A ins
A2007-28 s 181
Application for costs assessment by law
practice retaining another law
practice
s 295 hdg sub A2007-28 s
182
s 295 am A2007-28 s 183, s 184;
ss renum R7 LA
Application for costs assessment by law
practice giving bill
s 296 sub
A2007-28 s 185
Form of application for costs
assessment
s 297 hdg am A2007-28
s 186
s 297 am A2007-28 s
186
Consequences of application for costs
assessment
s 298 hdg am A2007-28
s 186
s 298 am A2007-28 s
186
Procedure on costs
assessment
s 299 hdg am A2007-28
s 186
s 299 am A2007-28 s
186
Criteria for costs
assessment
s 300 hdg sub A2007-28
s 187
s 300 am A2007-28 ss
188-191
Assessment of costs by reference to costs
agreement
s 300A ins A2007-28 s
192
Assessment of costs by reference to scale of
costs etc
s 300B ins A2007-28 s
192
Recovery of assessed
costs
s 300C ins A2007-28 s
192
Costs of costs
assessment
s 302 sub A2007-28 s
193
Referring matters to
ACAT
s 303 am A2007-28 s
194
sub A2008-36 amdt
1.376
Legal costs subject to consumer dispute not
assessable
s 304 hdg sub A2007-28
s 195
s 304 am A2007-28 s 196, s
197
Contracting out of div 3.2.7 by
sophisticated clients
s 304A ins
A2007-28 s 198
Preliminary—pt
3.3
div 3.3.1 hdg om A2007-28 s
199
Professional indemnity insurance for
insurable legal practitioners
s
311 am A2007-28 s 200
Continuing indemnity
insurance
s 312A ins A2007-28 s
201
Definitions—pt
3.4
s 316 def concerted
interstate default am A2007-28 s
202
def default sub
A2007-28 s 203
Purpose—pt
3.4
s 318 am A2007-28 s
204
Meaning of relevant
jurisdiction—pt 3.4
s
327 am A2007-28 s 205
Defaults to which pt 3.4
applies
s 328 am A2007-28 s 206,
s 207
Claims not affected by certain
matters
s 335 am A2007-28 s
208
Claims by law practices or associates about
defaults
s 350 am A2007-28 s
209
Claims by law practices or associates about
notional defaults
s 351 am
A2007-28 s 210
Defaults involving interstate elements if
committed by 1 associate
only
s 353 am A2007-28 s
211
Application of pt 3.4 to sole practitioners
whose practising certificates
lapse
s 367 hdg sub A2007-28 s
212
s 367 am A2007-28 s 213, s 214;
ss and pars renum R7 LA
Conduct capable of being unsatisfactory
professional conduct or professional
misconduct
s 389 am A2007-28 s
215; A2008-36 amdt 1.377
Practitioners to whom ch 4
applies
s 390 am A2008-29 amdt
1.25
Person to be told about
complaint
s 397 am A2007-28 s
216, s 217
Summary dismissal of
complaints
s 399 am A2007-28 s
218
Withdrawal of
complaints
s 400 am A2008-36 amdt
1.378
Mediation of
complaints
s 401 am A2008-36 amdt
1.379
Referral of matters for costs
assessment—complaint
investigation
s 409 hdg sub
A2007-28 s 219
s 409 am A2007-28 ss
220-224
Decision of council after
investigation
s 410 am A2008-36
amdt 1.380
Decision of council without
investigation
s 411 sub A2008-36
amdt 1.381
Dismissal of
complaint
s 412 am A2008-36 amdt
1.382, amdt 1.383
Summary conclusion of complaint procedure by
fine etc
s 413 am A2008-36 amdt
1.384
Council to give reasons to complainant and
practitioner
s 415 am A2007-28 s
225; A2008-36 amdt 1.385, amdt 1.386
Appeals to ACAT against decisions of
relevant council
s 416 am
A2007-28 s 226; ss renum R7 LA
sub
A2008-36 amdt 1.387
Complainant and person complained about to
be told about action taken
s
418 am A2007-28 s 227, s 228; A2008-36 amdts 1.388-1.390; ss renum R15
LA
Disciplinary
action
pt 4.7 hdg sub A2008-36
amdt 1.391
Application to
ACAT
s 419 sub A2008-36 amdt
1.391
Application of rules of evidence to
ACAT—disciplinary action
s
420 sub A2008-36 amdt 1.391
Decisions without
hearing
s 420A ins A2007-28 s
229
om A2008-36 amdt
1.391
Amendment of complaint
application
s 421 sub A2008-36
amdt 1.391
Nature of allegations in complaint
applications
s 422 sub A2008-36
amdt 1.391
Parties to
application
s 423 sub A2008-36
amdt 1.391
am A2009-20 amdt
3.117
Restriction on publication of certain
identifying material from
application
s 423A ins as mod
SL2009-2 mod 3.1 (as ins by SL2009-51 s
7)
mod exp 2 February 2010
(A2008-35 s 301D (2))
ACAT power to disregard procedural
lapses
s 424 sub A2008-36 amdt
1.391
ACAT orders—Australian legal
practitioners
s 425 sub A2008-36
amdt 1.391
am A2009-20 amdt
3.118
Dismiss complaint—Australian legal
practitioners
s 426 sub A2008-36
amdt 1.391
Restriction on publication of certain
identifying material from
proceedings
s 426A ins A2007-28 s
230
om A2008-36 amdt
1.391
Fines—Australian legal
practitioners
s 427 sub A2008-36
amdt 1.391
Interim orders—Australian legal
practitioners
s 428 sub A2008-29
amdt 1.26; A2008-36 amdt 1.391
Arrest warrant for failing to
appear
s 428A ins A2008-29 amdt
1.26
om A2008-36 amdt
1.391
Executing a
warrant
s 428B ins A2008-29 amdt
1.26
om A2008-36 amdt
1.391
ACAT orders—employees of
solicitors
s 429 sub A2008-36
amdt 1.391
Dismiss complaint—employees of
solicitors
s 430 am A2007-28 s
231, s 232
sub A2008-36 amdt
1.391
Compliance with ACAT
orders
s 431 sub A2008-36 amdt
1.391
Notice to complainant of application and
decision
s 432 sub A2008-36 amdt
1.391
Costs orders by
ACAT
s 433 am A3007-28 s
233
sub A2008-36 amdt
1.391
am A2009-20 amdt 3.119, amdt
3.120
Application of ACT Civil and Administrative
Tribunal Act
s 434 sub A2008-36
amdt 1.391
Pt 4.7 does not affect other remedies of
complainant
s 435 sub A2008-36
amdt 1.391
Referral of questions of law to Supreme
Court
s 436 om A2008-36 amdt
1.391
Appeals from disciplinary tribunal to
Supreme Court
s 437 am A2006-40
amdt 2.126
om A2008-36 amdt
1.391
Contempt of disciplinary
tribunal
s 438 om A2008-36 amdt
1.391
Application of Criminal Code, ch
7
s 439 om A2008-36 amdt
1.391
Pt 4.7 does not affect other remedies of
complainant
s 440 om A2008-36
amdt 1.391
Compensation
orders
s 442 am A2008-36 amdt
1.392
When compensation order can be
made
s 443 am A2008-36 amdt
1.393
Making of compensation
orders
s 444 am A2008-36 amdt
1.394
Definitions—pt
4.9
s 447 def disciplinary
action am A2007-28 s 234
Register of disciplinary
action
s 448 am A2007-28 s 235;
ss renum R7 LA; A2008-36 amdt 1.395
Disciplinary action taken because of
infirmity, injury or illness
s
452 am A2007-28 s 236
Pt 4.9 subject to court and tribunal
orders
s 454 am A2008-36 amdt
1.396
Request to another jurisdiction to
investigate complaint
s 456 am
A2008-36 amdt 1.397
Sharing of information with corresponding
authorities
s 458 sub A2007-28 s
237
am A2008-36 amdt
1.398
Cooperation with corresponding
authorities
s 459 sub A2007-28 s
237
Failure to comply with disciplinary
orders
s 464 sub A2008-36 amdt
1.399
Protection for things done in administration
of ch 4
s 468 am A2007-28 s 238;
A2008-36 amdt 1.400
Non-compellability of certain
witnesses
s 469 am A2008-36 amdt
1.401
Selfincrimination and other privileges
overridden for ch 4 proceedings
s
471 am A2008-36 amdt 1.402
Definitions—ch
5
s 473 def regulated
property sub A2007-28 s 239
Purpose—ch
5
s 474 am A2007-28 s
240
Application of ch 5 to
barristers
s 476 am A2007-28 s
241
Application of ch 5 to Australian-registered
foreign lawyers and former Australian-registered foreign
lawyers
s 477 am A2007-28 s
242
Decision about external
intervention
s 480 am A2007-28 s
243, s 244
Supervisors of trust
money
pt 5.3 hdg sub A2007-28 s
245
Appointment of
supervisor
s 481 am A2007-28 ss
246-249
Notice of appointment of
supervisor
s 482 am A2007-28 s
250
Effect of service of notice of appointment
of supervisor
s 483 am A2007-28
ss 251-255
Role of supervisor of trust
money
s 484 hdg sub A2007-28 s
256
s 484 am A2007-28 s 257, s
258
Ending of supervisor's
appointment
s 486 am A2007-28 s
259, s 260; pars renum R7 LA
Effect of service of notice of appointment
of manager
s 489 am A2007-28 s
261, s 262
Role of
manager
s 490 am A2007-28 s
263
Ending of manager's
appointment
s 493 am A2007-28 s
264; pars renum R7 LA
Appointment of
receiver
s 494 am A2007-28 s
265
Notice of appointment of
receiver
s 495 am A2007-28 s 266;
pars renum R7 LA
Effect of service of notice of appointment
of receiver
s 496 am A2007-28 s
267, s 268
Role of
receiver
s 497 am A2007-28 s 269,
s 270
Power of receiver to require documents or
information
s 502 am A2007-28 ss
271-274
Lien for costs on regulated
property
s 504 am A2007-28 ss
275-277
Ending of receiver's
appointment
s 509 am A2007-28 s
278, s 279; ss renum R7 LA; A2008-28 amdt 3.105, amdt
3.106
Appeal against appointment of supervisor or
manager
s 514 am A2006-40 amdt
2.127
Manager and receiver appointed for law
practice
s 515A ins A2007-28 s
280
ADI disclosure
requirements
s 516 sub A2007-28 s
281
Provisions relating to requirements under
this part
s 519A ins A2007-28 s
282
Obstruction of external
intervener
s 519B ins A2007-28 s
282
Requirements that may be imposed for
investigations, examinations and audits under pt 3.1 and pt
2.6
s 525 am A2007-28 s
283
Requirements that may be imposed for
investigations under ch 4
s
526 am A2007-28 s 284
Provisions relating to requirements under pt
6.2
s 527 am A2007-28 s
285
Obstruction of
investigator
s 555A ins A2007-28
s 286
Admissions
board
ch 7 hdg sub A2009-20 amdt
3.121
Admissions
board
pt 7.1 hdg om A2009-20 amdt
3.122
Disciplinary
tribunal
pt 7.2 hdg om A2008-36
amdt 1.403
Establishment of disciplinary
tribunal
s 563 om A2008-36 amdt
1.403
Functions of disciplinary
tribunal
s 564 om A2008-36 amdt
1.403
Members of disciplinary
tribunal
s 565 om A2008-36 amdt
1.403
Appointment of judicial members of the
disciplinary tribunal
s 566 om
A2008-36 amdt 1.403
Term of appointment of disciplinary tribunal
member
s 567 om A2008-36 amdt
1.403
Role of disciplinary tribunal
chair
s 568 om A2008-36 amdt
1.403
Presiding member of disciplinary
tribunal
s 569 om A2008-36 amdt
1.403
Conditions of appointment of judicial
members
s 570 om A2008-36 amdt
1.403
Ending appointment of judicial
members
s 571 om A2008-36 amdt
1.403
How is a disciplinary tribunal constituted
for application?
s 572 om
A2008-36 amdt 1.403
Lists of non-judicial
members
s 573 om A2008-36 amdt
1.403
Disciplinary tribunal trust
fund
s 574 om A2008-36 amdt
1.403
Purpose—pt
8.3
s 578 am A2007-28 s
287
Rules for Australian legal practitioners and
Australian-registered foreign
lawyers
div 8.3.2 hdg sub
A2007-28 s 288
Subject matter of legal profession
rules
s 582 am A2007-28 s
289
Public notice of proposed legal profession
rules
s 583 am A2009-20 amdt
3.123
Rules for incorporated legal practices and
multidisciplinary partnerships
s
584 am A2007-28 ss 290-292
Protection from
liability
s 587A ins A2007-28 s
293
Associates who are disqualified or convicted
people
s 589 am A2006-40 amdt
2.128; A2007-28 ss 294-297; ss renum R7 LA
Meaning of reviewable
decision—ch 9
s 598 sub
A2008-36 amdt 1.404
Reviewable decision
notices
s 599 sub A2008-36 amdt
1.404
Applications for
review
s 600 sub A2008-36 amdt
1.404
Minister may determine
fees
s 601 am A2007-28 s
298
Regulation-making
power
s 602 am A2006-28 s 299; ss
renum R7 LA
Review of
Act
s 603 exp 30 June 2011 (s
603 (2))
Transitional
ch
10 hdg exp 1 July 2008 (s 619)
Definitions—ch
10
s 604 exp 1 July 2008 (s
619)
Continuing application of provisions of
Legal Practitioners Act about trust
money
s 605 mod SL2006-37 s 36, s
37 (as ins SL2007-4 s 4)
mod om
SL2007-10 s 7
mod SL2006-37 s 37, s
38 (as ins SL2007-10 s 7)
mod exp
2 October 2007 (SL2007-27 s
110)
exp 1 October 2007 (s 605 (3)
as mod SL2007-27 s 102)
Continuing application of provisions of
Legal Practitioners Act about
costs
s 606 mod SL2006-37 s 36, s
37 (as ins SL2006-49 s 4)
mod om
SL2007-4 s 4
mod SL2006-37 s 38, s
39 (as ins SL2007-4 s 4)
mod om
SL2007-10 s 7
mod SL2006-37 s 39, s
40 (as ins SL2007-10 s 7)
mod exp
2 October 2007 (SL2007-27 s
110)
am A2007-28 s
300
exp 1 October 2007 (s 606 (3) as
mod SL2007-27 s 104)
Cost
disclosure
s 607 mod SL2006-37 s
37 ( as ins SL2006-49 s 4)
mod om
SL2007-4 s 4
mod SL2006-37 s 40, s
41 (as ins SL2007-4 s 4)
mod om
SL2007-10 s 7
mod SL2006-37 s 41, s
42 (as ins SL2007-10 s 7)
mod exp
2 October 2007 (SL2007-27 s
110)
am A2007-28 s
301
exp 1 July 2008 (s 619 (LA s 88
declaration applies))
Notice for taxation of
costs
s 608 mod SL2006-37 s 37 (
as ins SL2006-49 s 4)
mod om
SL2007-4 s 4
mod SL2006-37 s 42 (as
ins SL2007-4 s 4)
mod om SL2007-10 s
7
mod SL2006-37 s 43 (as ins
SL2007-10 s 7)
mod exp
2 October 2007 (SL2007-27 s
110)
exp 1 July 2008 (s
619)
Roll of legal
practitioners
s 609 exp 1 July
2008 (s 619 (LA s 88 declaration applies))
Existing legal
practitioners
s 610 exp 1 July
2008 (s 619 (LA s 88 declaration applies))
Pending applications for
admission
s 611 exp 1 July 2008
(s 619 (LA s 88 declaration applies))
Pending complaints before professional
conduct board
s 612 exp 1 July
2008 (s 619)
Pending complaints before bar council
committee
s 612A ins as mod
SL2006-37 s 44 (as ins SL2007-10 s
7)
mod exp 2 October 2007
(SL2007-27 s 110)
New complaints about old
conduct
s 613 exp 1 July 2008 (s
619)
Statutory interest
account
s 614 exp 1 July 2008 (s
619)
Legal profession
rules
s 615 exp 1 July 2006 (s
615 (8) (LA s 88 declaration applies))
HIH
insurance
s 616 exp 1 July 2008
(s 619 (LA s 88 declaration applies))
Mortgage practices and managed investment
schemes—old mortgages
s
617 exp 1 July 2008 (s 619 (LA s 88 declaration applies))
Application of dictionary, definition of
supervised legal
practice
s 617A ins as mod
SL2006-37 s 45 (as ins SL2007-10 s
7)
mod exp 2 October 2007
(SL2007-27 s 110)
Transitional
regulations
s 618 exp 1 July 2008
(s 619)
Modification of Act, ch 10—Act, s
618
s 618A ins as mod SL2007-27
mod 1.1 (as ins by SL2008-13 s
5)
exp 1 July 2008 (s
619)
Expiry—ch
10
s 619 exp 1 July 2008 (s
619)
Repeals and consequential
amendments
ch 11 hdg om LA s 89
(3)
Legislation
repealed
s 620 om LA s 89
(3)
Legislation amended—sch
2
s 621 om LA s 89
(3)
Legal profession
rules
sch 1 exp 1 July 2006 (s
615 (8))
Consequential
amendments
sch 2 om LA s 89
(3)
HIH
provisions
sch 3 exp 1 July 2008
(s 619 (LA s 88 declaration applies))
Mortgage practices and managed investment
schemes—provisions about old
mortgages
sch 4 exp 1 July 2008
(s 619 (LA s 88 declaration applies))
Dictionary
dict am
A2008-36 amdt 1.405; A2009-20 amdt
3.124
def ACAT trust account
ins A2008-37 amdt 1.293
def
associated third party payer ins A2007-28 s
302
def client sub
A2007-28 s 303
def commercial
legal presence om A2007-28 s
305
def conditional costs
agreement am A2007-28 s
304
def corresponding
disciplinary body am A2008-36
amdt 1.406
def costs
agreement am A2007-28 s
304
def costs assessment
ins A2007-28 s 306
def
costs review om A2007-28 s
306
def disbursements
am A2007-28 s 307
def
disciplinary tribunal om A2008-36 amdt
1.407
def disciplinary
tribunal trust account om A2008-37
amdt 1.294
def
disqualified person sub A2007-28 s
308
def government agency
ins A2008-29 amdt 1.27
def
government lawyer ins A2007-28 s
309
sub A2008-29 amdt
1.28
def judicial member
om A2008-36 amdt 1.407
def
litigious matter am A2007-28 s
310
def lump sum bill
am A2007-28 s 310
def
non-associated third party payer ins A2007-28 s
311
def non-judicial member
om A2008-36 amdt 1.407
def
reviewable decision ins A2008-36 amdt
1.408
def scale of costs
am A2007-28 s 312
def
sophisticated client ins A2007-28 s
313
def supervised legal
practice am A2007-28 s 314; pars renum R7
LA
def third party payer
ins A2007-28 s 315
def
trust money sub A2007-28 s
316
def uplift fee am
A2007-28 s 317
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
1 July
2006- |
not amended |
new Act |
|
R2 |
2 July
2006– |
not amended |
commenced expiry |
|
R3 |
29 Sept
2006– |
A2006-40 |
amendments by A2006-40 |
|
R4 |
1 Dec
2006– |
SL2006-49 |
modifications by SL2006-37 as amended by SL2006-49 |
|
R5 |
27 Feb
2007– |
SL2007-4 |
modifications by SL2006-37 as amended by SL2007-4 |
|
R6 |
18 May
2007– |
SL2007-10 |
modifications by SL2006-37 as amended by SL2007-10 |
|
R7 |
1 Oct
2007– |
A2007-28 |
amendments by A2007-28 and SL2007-27 |
|
R8 |
2 Oct
2007– |
A2007-28 |
commenced expiry |
|
R9 |
3 Oct
2007– |
A2007-28 |
commenced expiry |
|
R10 |
27 Dec
2007– |
A2007-39 |
amendments by A2007-39 |
|
R11 |
1 Apr
2008– |
SL2008-13 |
modification by SL2007-27 as amended by SL2008-13 |
|
R12 |
2 July
2008– |
SL2008-13 |
commenced expiry |
|
R13 |
26 Aug
2008– |
A2008-29 |
amendments by A2008-28 |
|
R14 |
27 Aug
2008– |
A2008-29 |
amendments by A2008-29 |
|
R15* |
2 Feb
2009– |
A2008-37 |
amendments by A2008-36 and A2008-37 |
|
R16 |
22 Sept
2009– |
A2009-20 |
amendments by A2009-20 |
6 Modifications of republished law with temporary effect
The following modifications have not been included in this republication:
ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2 s 67 and sch 3 mod 3.1 (as am by SL2009-51 s 6, s 7)
67 Modification of Act, pt 30—Act, s 301 (2)
(1) The Act, part 30 applies as if the following sections were inserted:
301D Modification—Legal Profession Act 2006
(1) The Legal Profession Act 2006 is modified as set out in the ACAT (TP) Regulation, schedule 3.
(2) This section and the ACAT (TP) Regulation, schedule 3 expire on the day the ACAT (TP) Regulation expires.
(3) In this section:
"ACAT (TP) Regulation" means the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009.
. . .
Schedule 3 Modification—Legal Profession Act 2006
(see s 67)
insert
423A Restriction on publication of certain identifying material from application
(1) A person must not publish an account or report of an application under this part if the account or report—
(a) discloses the identity of the person who is the subject of the complaint to which the application relates (the person concerned); or
(b) allows the identity of the person concerned to be worked out.
(2) However, the identity of the person concerned may be disclosed in an account or report of the application if—
(a) a final decision has been made that the person concerned is guilty of the conduct complained of; and
(b) either—
(i) the appeal period has ended and no appeal has been made; or
(ii) any appeal has been decided against the person concerned.
(3) In this section:
"appeal" means an appeal under the ACT Civil and Administrative Tribunal Act 2008, section 79 against a decision by the tribunal.
"appeal period" means the period within which an appeal may be made.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
© Australian Capital Territory 2009