LEGAL PROFESSION ACT 1987 - SECT 48U Professional indemnity insurance required if office established

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 48U

48U Professional indemnity insurance required if office established

(1) This section applies to an interstate legal practitioner:

(a) who establishes an office in this State, and

(b) who, if he or she were a local legal practitioner, would be an insurable barrister or insurable solicitor (within the meaning of section 38R or 39, respectively).

(2) An interstate legal practitioner to whom this section applies must not practise as a barrister or solicitor and barrister in this State unless he or she has appropriate indemnity insurance in respect of his or her practice in this State.

Maximum penalty: 20 penalty units.

(3) An interstate legal practitioner to whom this section applies who practises in this State as a barrister has appropriate indemnity insurance if there is in force in respect of the interstate legal practitioner a policy of indemnity insurance that provides a level of insurance in respect of his or her practice in this State that is the same as (or higher than) that approved by the Attorney General in respect of insurable barristers under section 38R (2) (b).

(4) An interstate legal practitioner to whom this section applies who practises in this State as a solicitor and barrister has appropriate indemnity insurance if there is in force in respect of the interstate legal practitioner a policy of insurance that provides the same (or a higher) minimum level of indemnity in respect of his or her practice in this State, and the terms of which are broadly equivalent to, that provided by an approved insurance policy required by section 41.

Note: Section 48ZD imposes requirements concerning professional indemnity insurance on interstate legal practitioners who do not establish an office in this State.