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LEGAL PROFESSION ACT 1987 - As at 19 August 2005 - Act 109 of 1987

- As at 19 August 2005 - Act 109 of 1987

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Definitions
  • 3A Notes

PART 2 - ADMISSION OF LEGAL PRACTITIONERS

Division 1 - Role of Supreme Court

Division 2 - Legal Practitioners 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

PART 3 - LEGAL PRACTICE

Division 1 - Practising certificates

Division 1AA - Special powers in relation to practising certificates

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

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

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

PART 3C - FOREIGN LAWYERS

Division 1 - Preliminary

  • 48ZE Definitions
  • 48ZF Principal purpose
  • 48ZG Operation of this Part

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

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

Division 3 - Annual reports

Division 4 - Rules

Division 5 - General

PART 5 - LEGAL PROFESSION ADVISORY COUNCIL

PART 5A - LEGAL SERVICES COMMISSIONER

PART 6 - TRUST ACCOUNTS

Note

Division 1 - General

Division 2 - Public Purpose Fund

PART 7 - SOLICITORS' FIDELITY FUND

Division 1 - General

Division 2 - Contributions and levies

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

PART 8A - MANAGERS

PART 9 - MORTGAGE PRACTICES AND MANAGED INVESTMENT SCHEMES

Division 1 - Preliminary

  • 115 Definitions
  • 116 State regulated mortgage--meaning

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

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

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

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

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

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

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