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LEGAL PROFESSION ACT 2004 - SECT 7
Terms relating to associates and principals of law practices
(1) For the purposes of this Act, an
"associate" of a law practice is: (a) an Australian legal practitioner who is:
(i) a sole practitioner (in the case of a law practice constituted by the
practitioner), or
(ii) a partner in the law practice (in the case of a
law firm), or
(iii) a legal practitioner director in the law practice (in the
case of an incorporated legal practice), or
(iv) a legal practitioner partner
in the law practice (in the case of a multi-disciplinary partnership), or
(v)
an Australian legal practitioner whose services are made use of by the
law practice to provide legal services (in the case of a
complying community legal centre), or
(vi) an employee of, or consultant to,
the law practice, or
(b) an agent of the law practice who is not an
Australian legal practitioner, or
(c) an employee of, or person paid in
connection with, the law practice who is not an Australian legal practitioner,
or
(d) an Australian-registered foreign lawyer who is a partner in the
law practice, or
(d1) a person (not being an Australian legal practitioner)
who is a partner in a multi-disciplinary partnership, or
(e) an
Australian-registered foreign lawyer who has a relationship with the
law practice, being a relationship that is of a class prescribed by the
regulations, or
(f) a person (not being an Australian legal practitioner) who
is a partner in a business that includes the law practice, or
(g) a person
(not being an Australian legal practitioner) who shares the receipts, revenue
or other income arising from the law practice.
(2) For the purposes of this
Act: (a) a
"legal practitioner associate" of a law practice is an associate of the
practice who is an Australian legal practitioner, and
(b) a
"lay associate" of a law practice means an associate of the practice who is
not an Australian legal practitioner.
(3) For the purposes of this Act, a
"principal" of a law practice is an Australian legal practitioner who is: (a)
a sole practitioner (in the case of a law practice constituted by the
practitioner), or
(b) a partner in the law practice (in the case of a
law firm), or
(c) a legal practitioner director in the law practice (in the
case of an incorporated legal practice), or
(d) a legal practitioner partner
in the law practice (in the case of a multi-disciplinary partnership), or
(e)
the person who is generally responsible for the provision of legal services by
the law practice (in the case of a complying community legal centre).
(4) For
the purposes of this Act, an
"associate" of an Australian lawyer is: (a) a person who is a partner, agent
or employee of the Australian lawyer, or
(b) a person who is an associate of
a law practice of which the Australian lawyer is also an associate.
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