New South Wales Repealed Acts

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This legislation has been repealed.


- As at 19 August 2005
- Act 109 of 1987


           Long Title


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


           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 (Repealed)


           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     (Repealed)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

   48A.    Crown Solicitor


   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


           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

   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


           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

   48ZAD.  Membership of professional association
   48ZAE.  Joint rules


           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

   57.     Council to submit annual report

           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


   58.     Constitution of the Advisory Council
   59.     Functions of the Advisory Council
   59A.    Payment of costs of Advisory Council


   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


           Division 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


           Division 1 - General

   70.     The SolicitorsFidelity 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


   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


   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


           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


           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)


           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

   198A.   Costs dispute
   198B.   Referral for mediation

           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)


   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

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