LEGAL PROFESSION ACT 2006 - SECT 264 Pt 3.2 also applies by agreement or at client's election
LEGAL PROFESSION ACT 2006 - SECT 264
Pt 3.2 also applies by agreement or at client's election(1) This part applies to a matter if—
(a) either—
(i) this part does not currently apply to the matter; or
(ii) it is not possible to decide the jurisdiction in which the client first instructs the law practice in relation to the matter; and
(b) either—
(i) the legal services are or will be provided completely or primarily in the ACT; or
(ii) the matter has a substantial connection with the ACT;
or both; and
(c) either—
(i) the client accepts, in writing or by other conduct, a written offer to enter into an agreement under subsection (2) (a) in relation to the matter; or
(ii) the client gives a notification under subsection (2) (b) in relation to the matter.
(2) For subsection (1) (c), the client may—
(a) accept, in writing or by other conduct, a written offer that complies with subsection (3) to enter into an agreement with the law practice that this part is to apply to the matter; or
(b) notify the law practice in writing that the client requires this part to apply to the matter.
(3) An offer mentioned in subsection (2) (a) must clearly state—
(a) that it is an offer to enter into an agreement that this part is to apply to the matter; and
(b) that the client may accept it in writing or by other conduct; and
(c) the type of conduct that will constitute acceptance of the offer.
(4) A notification has no effect for subsection (2) (b) if it is given after the period of 28 days after the day the law practice discloses to the client (under a corresponding law) information about the client's right to make a notification of that kind, but nothing in this subsection prevents an agreement mentioned in subsection (2) (a) from coming into effect at any time.