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LEGAL PROFESSION ACT 2006 - SECT 333 Advertisements about defaults by law practices

LEGAL PROFESSION ACT 2006 - SECT 333

Advertisements about defaults by law practices

    (1)     If the law society council considers that there has been, or may have been, a default by a law practice, it may publish either or both of the following:

        (a)     a notice that seeks information about the default;

        (b)     a notice that invites claims about the default and fixes a final date after which claims relating to the default cannot be made.

    (2)     The final date fixed by the notice must be a date that is—

        (a)     at least 3 months later than the date of the first or only publication of the notice; and

        (b)     not more than 12 months after the date of the first or only publication of the notice.

    (3)     The notice must be published—

        (a)     in a newspaper circulating generally throughout Australia; and

        (b)     in a newspaper circulating generally in each jurisdiction other than the ACT where the law practice

              (i)     has an office; or

              (ii)     at any relevant time had an office;

if known to the law society council; and

        (c)     if the law practice has, or at any relevant time had, an office in the ACT—in a public notice; and

        (d)     on the internet site (if any) of the law society.

Note     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1).

    (4)     The law society council may provide information to anyone making inquiries in response to the notice.

    (5)     Apart from extending the period during which claims may be made under this part (if relevant), publication of the notice does not give any entitlements in relation to any claim or the default to which it relates or provide any grounds affecting the deciding of any claim.

    (6)     Neither the publication honestly of a notice under this section, nor the provision of information honestly under this section, subjects a protected person to any liability (including liability in defamation).

    (7)     In this section:

"protected person" means—

        (a)     the law society; or

        (b)     a member of the law society council; or

        (c)     the proprietor, editor or publisher of the newspaper or public notice; or

        (d)     an internet service provider or internet content host; or

        (e)     a member of the staff of any entity mentioned in this definition; or

        (f)     a person acting at the direction of any entity mentioned in this definition.