New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 179

179 Prohibition on partnerships with certain partners who are not Australian legal practitioners

(1) This section applies to a person who:

(a) is not an Australian legal practitioner, and

(b) is or was a partner of an Australian legal practitioner.

(2) On application by the Law Society Council or the Regulator, the Supreme Court may make an order prohibiting any Australian legal practitioner from being a partner, in a business that includes the provision of legal services, of a specified person to whom this section applies if:

(a) the Court is satisfied that the person is not a fit and proper person to be a partner, or

(b) the Court is satisfied that the person has been guilty of conduct that, if the person were an Australian legal practitioner, would have constituted unsatisfactory professional conduct or professional misconduct, or

(c) in the case of a corporation, if the Court is satisfied that the corporation has been disqualified from providing legal services in this jurisdiction or there are grounds for disqualifying the corporation from providing legal services in this jurisdiction.

(3) An order made under this section may be revoked by the Supreme Court on application by the Law Society Council or the Regulator or by the person against whom the order was made.

(4) The death of an Australian legal practitioner does not prevent an application being made for, or the making of, an order under this section in relation to a person who was a partner of the practitioner.

(5) The regulations may make provision for or with respect to the publication and notification of orders made under this section.