New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 719

719 Liability of principals

(1) If a law practice contravenes, whether by act or omission, any provision of this Act or the regulations imposing an obligation on the practice, each principal of the practice is taken to have contravened the same provision, unless the principal establishes that:

(a) the practice contravened the provision without the knowledge actual, imputed or constructive of the principal, or

(b) the principal was not in a position to influence the conduct of the law practice in relation to its contravention of the provision, or

(c) the principal, if in that position, used all due diligence to prevent the contravention by the practice.

(2) Subsection (1) does not affect the liability of the law practice for the contravention.

(3) A contravention of a requirement imposed on a law practice by this Act is capable of being unsatisfactory professional conduct or professional misconduct by a principal of the practice.