This legislation has been repealed.
- As at 19 August 2005 - Act 109 of 1987 TABLE OF PROVISIONS Long Title 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 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 (Repealed) PART 3 - LEGAL PRACTICE Division 1 - Practising certificates 25.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 (Repealed) 29A.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 48A. 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 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 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 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 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 Note 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 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 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 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 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) 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