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LEGAL PROFESSION ACT 1987 - SECT 198L Restrictions on commencing proceedings without reasonable prospects of success

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 198L

Restrictions on commencing proceedings without reasonable prospects of success

198L Restrictions on commencing proceedings without reasonable prospects of success

(1) The provision of legal services without reasonable prospects of success does not constitute an offence but is capable of being professional misconduct or unsatisfactory professional conduct.
(2) A solicitor or barrister cannot file court documentation on a claim or defence of a claim for damages unless the solicitor or barrister certifies that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the claim or the defence (as appropriate) has reasonable prospects of success.
(3) Court documentation on a claim or defence of a claim for damages is not to be accepted for lodgment unless accompanied by the certification required by this section. Rules of court may make provision for or with respect to the form of that certification.
(4) In this section:

"court documentation" means:
(a) a statement of claim, summons, cross-claim, defence or further pleading, or
(b) an amended statement of claim, summons, cross-claim, defence or further pleading, or
(c) a document amending a statement of claim, summons, cross-claim, defence or further pleading, or
(d) any other document of a kind prescribed by the regulations.
"cross-claim" includes counter-claim and cross-action.