LEGAL PROFESSION ACT 1987 - SECT 48E Limitation on general legal work and probate work

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 48E

48E Limitation on general legal work and probate work

(1) In this section:

"fee" includes any form of, and any expectation of, a fee, gain or reward.

"general legal work" means the work involved in drawing, filling up or preparing an instrument or other document that:

(a) is a will or other testamentary instrument, or

(b) creates, regulates or affects rights between parties (or purports to do so), or

(c) affects real or personal property, or

(d) relates to a legal proceeding.

"probate work" means the work involved in:

(a) taking instructions for a grant of probate or letters of administration, or

(b) drawing or preparing papers on which to found or oppose a grant of probate or letters of administration.

(2) A person must not directly or indirectly do any general legal work, or any probate work, for a fee unless the person is a barrister or solicitor or unless the person is an incorporated legal practice and the work is done on its behalf by a barrister or solicitor.

Maximum penalty: 20 penalty units.

(3) Any general legal work or probate work is taken to have been done for a fee if it relates to, or is done in conjunction with, other work done by the same person for a fee, unless it is proved that the general legal work or probate work:

(a) was done without the person who did it receiving any advantage or benefit, and

(b) was not offered as an inducement to do the other work.

(4) This section does not apply to:

(a) a public officer drawing instruments in the course of his or her duty, or

(b) a person employed merely to engross an instrument, or

(c) a land agent in respect of an instrument he or she is entitled to draw, fill up or prepare, and to charge for, under the Land Agents Act 1927 , or

(d) a licensed conveyancer acting in accordance with a licence in force under the Conveyancers Licensing Act 1995 .

(5) This section does not apply to a person acting as an employee if the person:

(a) so acts in the ordinary course of his or her employment, and

(b) receives no fee, gain or reward for so acting other than his or her ordinary remuneration as an employee.

(6) This section does not apply to a person or work, or a class of persons or work, declared by the regulations as being exempt from the operation of this section.

(8) A foreign lawyer does not contravene this section if he or she is a locally registered foreign lawyer and the work done is work the foreign lawyer is permitted to do under Part 3C.