LEGAL PROFESSION ACT 1987 - As at 19 August 2005 - Act 109 of 1987
- As at 19 August 2005 - Act 109 of 1987Table of Provisions
PART 1 - PRELIMINARY
PART 2 - ADMISSION OF LEGAL PRACTITIONERS
Division 1 - Role of Supreme Court
- 4 Admission of legal practitioners
- 5 Legal practitioners and interstate legal practitioners to be officers of Supreme Court
- 5A Locally registered foreign lawyer not to be an officer of Supreme Court
Division 2 - Legal Practitioners Admission Board
- 6 Rules for registration and admission
- 7 Provisions applying to admission rules
- 8 Examiners
- 9 Constitution of Admission Board
- 10 Membership of Admission Board
Division 3 - Suitability of candidate for admission
- 11 Character and suitability of candidates
- 12 Declaration on character and suitability
- 13 Early consideration of character and suitability
- 13A Admission Board may refer certain matters to Supreme Court
- 14 Appeals
- 15 Binding effect of declaration
- 16 Representation by Councils
Division 4 - Miscellaneous
- 17 Miscellaneous provisions respecting admission
- 18 References to barristers and solicitors
- 19 Cancellation of practising certificates
- 20 Legal practitioner not to be allowed certain privilege 21-24A. (Repealed)
PART 3 - LEGAL PRACTICE
Division 1 - Practising certificates
- 25 Requirement for practising certificate
- 26 Election to practise as barrister or solicitor and barrister
- 27 Barristers
- 28 Solicitors and barristers 29. (Repealed)
- 29A Fee for practising certificate--barristers
- 29B Fee for practising certificate--solicitors
- 29C Late fee
- 29D Submission of budget to Attorney General
- 29E Audit of Council activities
- 30 Refusal of application for practising certificate as barrister or solicitor
- 31 Non-payment of contributions and levies by solicitors in respect of Indemnity Fund or Fidelity Fund
- 32 Conditions may be imposed on practising certificates
- 33 Conditions on practising certificates generally
- 34 Additional conditions on practising certificates of barristers
- 35 Additional conditions on practising certificates of solicitors and barristers
- 36 Duration of practising certificates
- 37 Refusal, suspension or cancellation of practising certificate generally
- 38 Refusal, suspension or cancellation of practising certificate as solicitor and barrister--trust accounts etc
- 38A Refusal, suspension or cancellation of practising certificate--infirmity
- 38B Appeals relating to practising certificates
- 38C Registers of barristers and solicitors
- 38D Dual certificates
- 38E Injunctions
- 38F Application of provisions of Division
Division 1AA - Special powers in relation to practising certificates
- 38FA Relevant period
- 38FB Requirements to show cause--bankruptcy, indictable offences, tax offences and failures to notify
- 38FC Refusal, cancellation or suspension of practising certificates--bankruptcy, indictable offences and tax offences
- 38FD Refusal, cancellation or suspension of practising certificates--failure to notify
- 38FE Refusal, cancellation or suspension of practising certificates--failure to show cause or furnish information
- 38FF Restriction on making further applications
- 38FG Commissioner may take action
- 38FH Automatic suspension of practising certificate
- 38FI Powers when investigating matter under this Division
- 38FJ Complaint may be made
Division 1A - Practice as a barrister or solicitor
- 38G Practice as a barrister
- 38H Practice as a solicitor
- 38I Client access
- 38J Advertising
- 38JA Regulation of advertising and other marketing of services
- 38K Specialisation
- 38L Advocates
- 38M Joint advocates
- 38N Attendance
- 38O Prohibition of official schemes for recognition of seniority or status
- 38P Barristers receiving money on behalf of other
- 38Q Service with the Crown
Division 1B - Barristers' indemnity insurance
- 38R Indemnity insurance
Division 2 - Solicitors' Mutual Indemnity Fund
- 39 Definitions
- 40 Solicitors' Mutual Indemnity Fund
- 41 Solicitor to be insured and to make contributions
- 42 Separate account
- 43 Investment of Indemnity Fund
- 44 Payments from the Indemnity Fund
- 44A Payments relating to HIH group insurance policies
- 44B Payments relating to other defaulting insurers
- 45 Contributions
- 46 Levies
- 46A Special contributions and levies: HIH liabilities
- 47 Failure to pay contribution or levy
- 47AA Investigation of Indemnity Fund
- 47AB Powers of investigators
- 47A Application of Division to other persons
Division 2A - Incorporated legal practices
- 47B Definitions
- 47C Nature of incorporated legal practice
- 47D Corporations eligible to be incorporated legal practices
- 47E Solicitor directors of incorporated legal practices
- 47F Prohibition of repeat offender from managing a corporation that is an incorporated legal practice
- 47G Solicitors rules--application to incorporated legal practices
- 47H Solicitors' professional obligations and privileges
- 47I Advertising and disclosures with respect to legal services
- 47J Application of Part 11 (Legal fees and other costs)
- 47K Provisions relating to indemnity insurance
- 47L Application of Part 6 (Trust accounts)
- 47M Application of Part 7 (Solicitors' Fidelity Fund)
- 47N Extension of vicarious liability of incorporated practice relating to failures to account and dishonesty
- 47O Investigation of incorporated legal practices
- 47P Review of incorporated legal practices
- 47Q Disclosure of information to ASIC
- 47R External administration proceedings under Corporations Law
- 47S This Act prevails over Corporations Law and certain other instruments
- 47T Regulations relating to incorporated legal practices
- 48 (Renumbered)
Division 3 - Crown Solicitor
PART 3A - UNQUALIFIED PRACTITIONERS
- 48B Unqualified person acting as barrister or solicitor and barrister
- 48C Unqualified person making false representation to be a barrister or solicitor and barrister
- 48D Offence by corporation or officers
- 48E Limitation on general legal work and probate work
- 48F Sharing receipts
- 48G Multidisciplinary partnerships
- 48H Community legal centres
- 48I Prohibition on employment of certain non-legal clerks
- 48J Prohibition on partnerships with certain non-legal partners
- 48K Associates who are disqualified or convicted persons
- 48L Miscellaneous provisions--secs 48I-48K
- 48M Injunctions
PART 3B - INTERSTATE LEGAL PRACTITIONERS
Division 1 - Preliminary
- 48N Definitions 48O. (Repealed)
Division 2 - Entitlement of interstate practitioners to practise in this State
- 48P Object of Division
- 48Q Entitlement of interstate legal practitioners to practise in this State
- 48R Additional conditions on practice of interstate legal practitioners
Division 3 - Provisions applying to interstate legal practitioners who establish offices in this State
- 48S When does an interstate legal practitioner establish an office?
- 48T Notification of establishment of office required
- 48U Professional indemnity insurance required if office established
Division 4 - Disputes, complaints and discipline
Note- 48V Disputes about the practice of local legal practitioners in other States or Territories
- 48W Referral of disputes and disciplinary matters to other regulatory authorities
- 48X Dealing with matters referred by other regulatory authorities
- 48Y Furnishing information
- 48Z Local legal practitioners are subject to interstate regulatory authorities
Division 5 - General
- 48ZA Local legal practitioner receiving trust money interstate
- 48ZB Regulatory authority may exercise powers conferred by corresponding law
- 48ZC Agreements and arrangements with other regulatory authorities
- 48ZD Professional indemnity insurance where no office established in this State
PART 3C - FOREIGN LAWYERS
Division 1 - Preliminary
Division 2 - Local registration of foreign lawyer
- 48ZH Registration requirement
- 48ZI Registration application
- 48ZJ Fee for registration
- 48ZK Entitlement to registration
- 48ZL Conditions
- 48ZM Notification of decision
- 48ZN Duration of registration and annual fee
- 48ZO Refusal of application to register or renew registration
- 48ZP Publication of information about locally registered foreign lawyers
- 48ZQ Cancellation of registration
- 48ZR Appeals
Division 3 - Legal practice
- 48ZS Scope of practice
- 48ZT Form of practice
- 48ZU Application of Australian professional ethical and practice standards
- 48ZV Disciplinary action for breach of Australian professional ethical and practice standards
- 48ZW Letterhead and other identifying documents
- 48ZX Designation
- 48ZY Advertising
- 48ZZ Employment of domestic lawyer by foreign lawyer
- 48ZAA Indemnity insurance
- 48ZAB Trust accounts and fidelity fund contributions
- 48ZAC Exemption by domestic registration authority
Division 4 - Miscellaneous
- 48ZAD Membership of professional association
- 48ZAE Joint rules
PART 4 - BAR ASSOCIATION AND LAW SOCIETY
Division 1 - Bar Association
- 49 Report on committees
- 50 Lay representation on committees
- 51 Functions of Bar Council
Division 2 - Law Society
- 52 Report on committees
- 53 Lay representation on committees
- 54 Functions of Law Society
- 55 Investigation of affairs of solicitor or locally registered foreign lawyer
- 56 Secrecy
Division 3 - Annual reports
Division 4 - Rules
- 57A Rules of Bar Council
- 57B Rules of Law Society Council
- 57C Joint rules other than joint rules on foreign lawyers
- 57CA Joint rules on foreign legal practitioners
- 57CB Commissioner and Advisory Council to be notified of proposed rules
- 57CC Councils to give public notice of proposed rules
- 57D Rules binding
- 57E Inconsistent rules
- 57F Existing rules
- 57G Initial review of rules
- 57GA Review of rules requested by Commissioner
- 57H Review of rules by Advisory Council
- 57I Rules may be declared inoperative
- 57J Publication of rules
- 57K Commencement of rules
- 57L Other provisions as to rules
Division 5 - General
- 57M Membership of Bar Association
- 57MA Membership of Law Society
- 57N Continuing legal education
PART 5 - LEGAL PROFESSION ADVISORY COUNCIL
- 58 Constitution of the Advisory Council
- 59 Functions of the Advisory Council
- 59A Payment of costs of Advisory Council
PART 5A - LEGAL SERVICES COMMISSIONER
- 59B Appointment of Commissioner
- 59C Acting Commissioner
- 59D Functions of Commissioner
- 59E Councils to provide information to Commissioner
- 59F Protocols relating to monitoring of regulatory functions
- 59G Annual report of Commissioner
- 59H Staff of Commissioner
- 59I Delegation of functions
PART 6 - TRUST ACCOUNTS
NoteDivision 1 - General
- 60 Definitions
- 61 Money received by solicitor on behalf of another
- 61A Money received by solicitor for costs in workers compensation matters
- 62 Keeping of accounts
- 63 Audits
- 64 Deposit of trust funds with Law Society
- 65 Repayment of deposit with Law Society
- 66 Accounts to be kept by Law Society 67. (Repealed)
- 68 Money not claimed from solicitor
- 69 Relief for financial organisation
Division 2 - Public Purpose Fund
- 69A Definitions
- 69B Public Purpose Fund
- 69C Trustees of Public Purpose Fund
- 69D Management and control of Fund
- 69E Agreements relating to payment of interest on general trust accounts
- 69F Payments from Fund
- 69G Payment of certain costs and expenses from Fund
- 69H Submission of budgets to Director-General
- 69I Discretionary payments from Fund for other purposes
- 69J Performance audits
- 69K Information about Fund to be included in Law Society Council report
PART 7 - SOLICITORS' FIDELITY FUND
Division 1 - General
- 70 The Solicitors' Fidelity Fund
- 71 Separate account
- 72 Investment of the Fidelity Fund
- 73 Payments from Fidelity Fund
- 74 Management Committee
- 75 Audit
Division 2 - Contributions and levies
- 76 Contributions
- 77 Levies
- 78 Failure to pay contribution or levy
- 78A Contributions and levies from locally registered foreign lawyers
Division 3 - Claims
- 79 Definitions
- 79A Meaning of "failure to account"
- 79B Meaning of "dishonest default"
- 79C Meaning of "pecuniary loss"
- 80 Claims against Fidelity Fund
- 80A Reduction of claim
- 81 Claims by solicitor who pays compensation for failure to account or dishonest default
- 82 Special provisions relating to failure to account
- 83 Special provisions relating to claims based on dishonest default
- 84 Claimant required to pursue claims etc
- 85 Interest payable even if not claimed
- 86 Avoidance of double compensation
- 87 Final date for making claim on failure to account
- 88 Final date for making claim on dishonest default
- 89 Ceiling on payments from the Fidelity Fund--failure to account
- 90 Ceiling on payments from the Fidelity Fund--dishonest default
- 90A Subrogation
- 90B Sufficiency of Fidelity Fund
- 90C Availability of property of the Law Society
- 90D Proceedings against Law Society
PART 8 - RECEIVERS
- 91 Definitions
- 91A Application of Part to locally registered foreign lawyers
- 92 Supreme Court may appoint receiver
- 93 Court to be closed
- 94 Order to be served
- 95 Receiver may take possession of property
- 96 Information about receivable property
- 97 Stop order on account
- 98 Recovery of compensation for disposal of receivable property
- 99 Improper dealing with property
- 100 Receiver may deal with property
- 101 Other powers of receiver
- 102 Application for directions
- 103 Notice to claim receivable property
- 104 Lien for costs on receivable property
- 105 Examination by receiver
- 106 Termination of appointment of receiver
- 107 Property not dealt with by receiver
- 108 Investment of money by receiver
- 109 Receiver may be reimbursed for damages
- 110 Payment of expenses of receivership
- 111 Supreme Court may review expenses of receivership
- 112 Receivable property not to be attached
- 113 Supreme Court may give general directions
- 114 Receiver to report to the Supreme Court
PART 8A - MANAGERS
- 114A Definitions
- 114B Appointment of manager
- 114C Powers of manager
- 114D Management continues under receivership
- 114E Acts of manager to be taken as acts of solicitor
- 114F Manager may be reimbursed for damages
- 114G Payment of expenses of management
- 114H Manager to report to the Law Society
- 114I Application of Part 6
- 114J Office accounts
- 114K Termination of management
PART 9 - MORTGAGE PRACTICES AND MANAGED INVESTMENT SCHEMES
Division 1 - Preliminary
Division 2 - Mortgage practices
- 117 Conduct of mortgage practices
- 118 Nomination of practice as State regulated mortgage practice
- 119 Requirement to notify Law Society of State regulated mortgages
- 120 Solicitor to have fidelity cover in respect of regulated mortgages
- 121 Bar on claims against Fidelity Fund relating to regulated mortgages
- 122 Notification of insurance arrangements for regulated mortgage
- 122A Failure to obtain fidelity insurance for regulated mortgage
Division 3 - Managed investment schemes
- 122B Involvement of solicitors in managed investment schemes
- 122C Claims against Fidelity Fund relating to managed investment schemes connected with solicitors
- 122D Transfer of mortgages to responsible entity
- 122E Regulations and rules relating to managed investment schemes
Division 4 - Transitional arrangements--pre-existing mortgages
- 122F Part extends to pre-existing mortgages
- 122G Requirement to obtain fidelity insurance in respect of pre-existing mortgages
- 122H No further action to be taken in respect of run-out mortgages
- 122I Substitution of lender or contributor under run-out mortgage
- 122J No claims against Fidelity Fund by substitute lenders
Division 5 - Miscellaneous
- 122K Law Society may require information about mortgage practices
- 122L Indemnity insurance
- 122M Regulations and rules relating to Part
PART 10 - COMPLAINTS AND DISCIPLINE
Division 1 - Preliminary
- 123 Objects of Part generally
- 124 Objects of Part relating to users of legal services
- 125 Objects of Part relating to providers of legal services
- 126 Definitions
- 127 Professional misconduct and unsatisfactory professional conduct
- 128 Legal practitioner to whom Part applies
- 128A Investigations not related to complaints under this Part
Division 2 - (Repealed)
Division 3 - Complaints about legal practitioners
- 134 Making of complaints
- 135 To whom complaint made
- 136 Requirements for making complaints
- 137 Complaints made over 3 years after conduct concerned
- 138 Request by complainant for compensation order
- 139 Summary dismissal of complaints
- 140 Withdrawal of complaints
- 141 Referral of complaints to Council 142. (Repealed)
Division 4 - Mediation of consumer disputes
- 143 Consumer dispute
- 144 Referral for mediation
- 145 Mediation to be voluntary
- 145A Nature of mediation
- 146 Mediators
- 147 Confidentiality of mediation process
Division 5 - Investigation of complaints
- 147A Investigation of complaints by Commissioner
- 148 Investigation of complaints by Council
- 149 Monitoring by Commissioner of conduct of investigation
- 150 Directions by Commissioner about conduct of investigation
- 151 Independent investigation of certain complaints
- 152 Powers of Council or Commissioner when investigating complaint
- 153 Referral of matters to costs assessors
- 154 Investigation to be conducted expeditiously
- 155 Decision after investigation of complaint
- 155A Dismissal of complaints if in public interest
- 156 Record of decision after investigation of complaint 157. (Repealed)
Division 6 - Review of Councils' decisions
- 158 Application for review
- 159 Reviews
- 160 Decision of Commissioner on review
- 161 Assistance etc by Council 162-166. (Repealed)
Division 7 - Applications to the Tribunal
- 167 Institution of proceedings and hearings
- 167AA Time for instituting proceedings
- 167A Tribunal may vary an information
- 167B Substitution of informant
- 168 Rules of evidence
- 169 Parties
- 170 Certain hearings to be held in private
- 171 Power to disregard procedural lapses 171A, 171B. (Repealed)
- 171C Determinations of Tribunal
- 171D Compensation orders of Tribunal
- 171E Award of costs by Tribunal
- 171F Appeals against orders and decisions of Tribunal 171G, 171H. (Repealed)
- 171I Payment of fines
Division 9 - Notifications to complainant and legal practitioner
- 171J Notification of decisions of Council or Commissioner
- 171K Notification about review of Council decisions
- 171L Notification of progress and result of disciplinary proceedings
Division 9A - Publicising disciplinary action
- 171LA Definitions
- 171LB Publicising disciplinary action
- 171LC Register of disciplinary action
- 171LD Quashing of disciplinary action
- 171LE Liability for publicising disciplinary action
- 171LF General
Division 10 - Miscellaneous
- 171M Jurisdiction of Supreme Court not affected
- 171MA Information about complaints procedure
- 171MB Performance criteria relating to handling of complaints by Councils and Commissioner
- 171N Appeals to Tribunal concerning reprimands
- 171O Reports required by Attorney General 171OA. (Repealed)
- 171P Offence: improper disclosure of information
- 171Q Protection from liability
- 171R Certain persons not compellable witnesses
- 171S Duty of confidentiality of client communications
- 171T Costs of administering Part
- 171U Undertakings 172. (Repealed)
PART 10A - (Repealed)
PART 11 - LEGAL FEES AND OTHER COSTS
Division 1 - Preliminary
- 173 Definitions
- 174 Clients' rights under Part
- 174A Application of Part to cross-vested matters
- 174B Application of Part to locally registered foreign lawyers
Division 2 - Disclosure of matters relating to costs
- 175 Obligation to disclose to clients basis of costs
- 176 Obligation to disclose basis of costs to instructing practitioner
- 177 Obligation to disclose estimated costs
- 178 When disclosure to be made
- 179 Disclosure to be in writing
- 180 Exception to disclosure
- 181 Regulations, rules and guidelines as to disclosure
- 182 Effect of non-disclosure of matters related to basis of costs
- 183 Effect of non-disclosure of estimated costs
Division 3 - Costs agreements
- 184 Agreements about costs
- 185 Regulations, rules and guidelines as to costs agreements
- 186 Conditional costs agreements
- 187 Payment of premium under conditional costs agreement
- 188 Costs not to be calculated on amount recovered in proceedings
- 189 Rights may not be waived
Division 4 - Interest, security for costs and bills of costs
- 190 Interest on outstanding costs
- 191 Security for costs
- 192 Bill of costs to be given before costs can be recovered from client
- 193 Form of bill of costs
- 194 Signing of bill of costs
- 195 Delivery of bill of costs
Division 5 - Costs fixed by regulations
- 196 Regulations to provide for related costs
- 197 Regulations to provide for amounts of costs passed on to other parties
- 198 Provisions relating to regulations generally
Division 5A - Mediation of costs disputes
Division 5B - Maximum costs in personal injury damages matters
- 198C Interpretation and application
- 198D Maximum costs fixed for claims up to $100,000
- 198E Maximum costs do not affect solicitor-client costs under costs agreements
- 198F Costs can be awarded on indemnity basis for costs incurred after failure to accept offer of compromise
- 198G Court may order certain legal services to be excluded from maximum costs limitation
- 198H Apportionment of maximum costs between solicitors and barristers
- 198I Meaning of "amount recovered" on a claim
Division 5C - Costs in civil claims where no reasonable prospects of success
- 198J Solicitor or barrister not to act unless there are reasonable prospects of success
- 198K Preliminary legal work not affected
- 198L Restrictions on commencing proceedings without reasonable prospects of success
- 198M Costs order against solicitor or barrister who acts without reasonable prospects of success
- 198N Onus on solicitor or barrister to show facts provided reasonable prospects of success
Division 6 - Assessment of costs
Subdivision 1 - Applications and referrals for assessment- 199 Applications by clients for assessment of costs in bills
- 200 Applications by instructing practitioners for assessment of costs in bills
- 201 Application for assessment of costs by barrister or solicitor giving bill
- 202 Application for assessment of party/party costs
- 203 How is an application to be made?
- 204 Persons to be notified of application 205. (Repealed)
- 206 Referral of matters to costs assessors
- 207 Costs assessor may require documents or further particulars
- 208 Consideration of applications by costs assessors Subdivision 2 - Assessments of bills of costs
- 208A Assessment of bills generally
- 208B Additional matters to be considered by costs assessors in assessing bills of costs
- 208C Costs agreements not subject to assessment
- 208D Unjust costs agreements
- 208E Interest on amount outstanding Subdivision 3 - Assessment of party/party costs
- 208F Assessment of costs--costs ordered by court or tribunal
- 208G Additional matters to be considered by costs assessors in assessing costs ordered by court or tribunal
- 208H Effect of costs agreements in assessments of party/party costs
- 208I Court or tribunal may specify amount etc Subdivision 4 - Enforcement of assessment
- 208J Certificate as to determination
- 208JAA Reasons for determination
- 208JA Recovery of costs of costs assessment
- 208JB Correction of error in determination
- 208K Determination to be final Subdivision 4A - Review of determination by panel
- 208KA Application for review of determination
- 208KB Referral of application to panel
- 208KC General functions of panel in relation to review application
- 208KD Relevant documents to be produced to panel
- 208KE Effect of review on costs assessor's determination
- 208KF Certificate as to determination of panel
- 208KG Reasons for determination
- 208KH Recovery of costs of review
- 208KHA Correction of error in determination
- 208KI Appeal against determination
- 208KJ Regulations
- 208KL Miscellaneous Subdivision 4B - Appeals
- 208L Appeal against decision of costs assessor as to matter of law
- 208M Appeal against decision of costs assessor by leave
- 208N Effect of appeal on application
- 208NA Assessor can be a party to appeal
- 208NB Notices of appeal
- 208NC Court may refer unreviewed determination to review panel Subdivision 5 - Miscellaneous
- 208O Costs fixed by regulations
- 208P Liability of barrister or solicitor for costs
- 208Q Referral of misconduct to Commissioner
- 208R Rules of procedure for applications
- 208S Costs assessors
- 208SA Protection from liability
- 208T Confidentiality
- 208U Costs of administering Part
- 208V Application of Division 209. (Repealed)
PART 12 - MISCELLANEOUS
- 209A Qualifications of auditors 209B. (Repealed)
- 209C Supreme Court may order delivery up of documents etc
- 210 Contempt of the Supreme Court
- 211 Protection from liability
- 211A Delegation of functions of Chief Justice
- 212 Offences
- 213 Proof of certain matters not required
- 213A Evidentiary certificates
- 214 Repeals
- 215 Savings and transitional provisions
- 216 Regulations
- SCHEDULE 1
- SCHEDULE 2 Schedule 2A (Repealed)
- SCHEDULE 3
- SCHEDULE 3A Schedule 6 (Repealed)
- SCHEDULE 7
- SCHEDULE 8