• Specific Year
    Any

LEGAL PROFESSION ACT 1987 - SCHEDULE 8

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SCHEDULE 8

SCHEDULE 8 – Savings, transitional and other provisions

(Section 215)

Part 1 - Preliminary

1A Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
this Act
Miscellaneous Acts (Legal Profession) Amendment Act 1987
Legal Profession (Amendment) Act 1987
Legal Profession (Amendment) Act 1989
Legal Profession Reform Act 1993
Legal Profession Amendment Act 1996
Legal Profession Amendment (National Practising Certificates) Act 1996
Legal Profession Amendment Act 1998
Legal Profession Amendment (Costs Assessment) Act 1998
Legal Profession Amendment (Mortgage Practices) Act 2000
Legal Profession Amendment (Complaints and Discipline) Act 2000
Legal Profession Amendment (Incorporated Legal Practices) Act 2000
Legal Profession Amendment (Disciplinary Provisions) Act 2001
Legal Profession Amendment (Professional Indemnity Insurance) Act 2001
Civil Liability Act 2002 (to the extent that it amends this Act)
Legal Profession Amendment (National Competition Policy Review) Act 2002
Courts Legislation Miscellaneous Amendments Act 2002
Legal Profession Amendment Act 2004
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(2A) A provision referred to in subclause (1) may, where the Act concerned is the Civil Liability Act 2002 and if the regulations so provide, take effect from 20 March 2002 or a later date. Subclause (3) does not apply to such a provision.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done, or omitted to be done, before the date of its publication.

1B Review of Legal Profession Reform Act 1993

(1) The Attorney General is to review the Legal Profession Reform Act 1993 to determine whether the policy objectives of the Act remain valid and whether the Act remains appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 4 years from the date of assent to the Act.
(3) The Attorney General is to include the functions of the Legal Services Commissioner, the Advisory Council, the Attorney General's Department and costs assessors in the review.
(4) Any person may make a written submission to the Attorney General in connection with the review.
(5) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 4 years referred to in subclause (2).

Part 2 - Provisions consequent on the enactment of the Legal Profession Act 1987

1 Definitions

In this Part:

"appointed day" means the day appointed and notified under section 2 (2).

"repealed Act" means the Legal Practitioners Act 1898 , as in force immediately before the appointed day.

2 Definition of "legal practitioner"

Notwithstanding the definition of "legal practitioner" in section 3 (1), a reference in this Act to a legal practitioner shall, until the date notified under section 25, be read as including a person enrolled in the Supreme Court as a barrister.

3 Students-at-law

(1) A person who, immediately before the appointed day, was a student-at-law under the repealed Act becomes on that day a student-at-law registered under this Act.
(2) If, immediately before the appointed day, an application duly made under the repealed Act for admission as a student-at-law had not been finally dealt with, it shall be dealt with as an application duly made under this Act for registration as a student-at-law.
(3) A person who, immediately before the appointed day, was a student clerk under the repealed Act becomes on that day a student-at-law registered under this Act.
(4) If, immediately before the appointed day, an application duly made under the repealed Act for admission as a student clerk had not been finally dealt with, it shall be dealt with as an application duly made under this Act for registration as a student-at-law.

7 Continuation of determination made by Legal Fees and Costs Board

(1) A determination made, or deemed to have been made, by the Legal Fees and Costs Board under section 20J (1) or (2) of the repealed Act and in force immediately before the appointed day has effect on and from that day as if it had been made under section 179 or 180 of this Act, as the case requires.
(2) If, immediately before the appointed day, the report of a determination under section 20J of the repealed Act had not been:
(a) made under section 20O of that Act, or
(b) published in the Gazette, or laid before each House of Parliament, under section 20P of that Act,
the report may be made, published or laid in accordance with the corresponding provision of this Act.
(3) Anything done under the repealed Act in respect of a report has effect as if it had been done under this Act.
(4) On and from the appointed day, a reference (however expressed) in any other Act, in any instrument made under any other Act or in any other document to:
(a) a general order made under Part 24 of the Conveyancing Act 1919 , or
(b) a determination under section 20J of the repealed Act,
shall be read as a reference to a determination made under Division 3 of Part 11 of this Act.

9 Charging orders

A charging order made under section 39A of the repealed Act and in force immediately before the appointed day has the same effect on and after that day as it would have had if the repealed Act had continued in force.

10 Control of employment of certain persons

(1) If, immediately before the appointed day, an order made under section 40K of the repealed Act prohibiting employment of a named person without permission is in force, it continues to have effect on and after the appointed day as if it were an order made under section 120 of this Act with respect to the clerk.
(2) If permission or leave given under section 40G, 40J or 40K of the repealed Act to employ or remunerate a named person is in force immediately before the appointed day, it continues to have effect on and after that day as if it were leave given under section 121 of this Act to employ or pay the person.
(3) Permission or leave continued by subclause (2) that was limited as to time expires at the same time as it would have expired if the repealed Act had continued in force.

11 Inspectors and investigators

(1) If, immediately before the appointed day:
(a) an inspector appointed under section 42 of the repealed Act to carry out an examination of accounts under that section, or
(b) a person appointed under section 82A of the repealed Act to carry out an investigation under that section,
had not submitted a report on the examination or investigation, the section under which the appointment was made continues to apply to the inspector or investigator, the examination or investigation, and the respective reports.
(2) For the purposes of subclause (1), a reference in section 42 or 82A of the repealed Act to the Statutory Committee shall be read as a reference to the Professional Conduct Review Panel, the Professional Standards Board and the Disciplinary Tribunal, whichever is appropriate.
(3) Section 83A of the repealed Act applies to any matter or thing done or suffered for the purposes of giving effect to this clause.

12 Committee of Management

(1) The members of the Committee of Management holding office under section 51 of the repealed Act immediately before the appointed day take office on that day as the members of a Management Committee holding office under section 74 of this Act.
(2) A delegation of power to the Committee of Management under section 51 of the repealed Act that is still effective immediately before the appointed day has effect on and from that day as if it were a delegation to a Management Committee under section 74 of this Act.

13 Prescribed corporations

Until corporations are prescribed by regulation for the purposes of paragraph (a) of the definition of "solicitor" in section 76 (5), the corporations prescribed for those purposes are those that, immediately before the appointed day, were prescribed for the purposes of section 52 of the repealed Act.

14 Money and trust accounts

(1) Money and trust accounts to which, immediately before the appointed day, Part 7 of the repealed Act applied are, on and from the appointed day, money and trust accounts to which Part 6 of this Act applies.
(2) Without affecting the generality of subsection (1):
(a) money deposited with the Law Society under section 42A of the repealed Act is money deposited with the Law Society under section 64 of this Act,
(b) money invested by the Law Society under section 42B of the repealed Act is money invested by the Law Society under section 65 of this Act, and
(c) the Statutory Interest Account to be maintained under section 67 of this Act is a continuation of, and the same account as, the Statutory Interest Account being maintained immediately before the appointed day under section 44A of the repealed Act.
(3) The reference in section 56 of this Act to a report includes a reference to a report referred to in section 43A of the repealed Act, whether made before the appointed day or on or after that day in accordance with clause 11 of this Schedule.
(4) Section 68 of this Act has effect in relation to money held by the Treasurer immediately before the appointed day under section 43B of the repealed Act as if the money so held had been paid to the Treasurer under section 68 of this Act.

15 Levies

Section 78 of this Act has effect in relation to a levy that:

(a) was made under section 53 of the repealed Act, and
(b) was unpaid immediately before the appointed day,
as if it had been made under section 77 of this Act.

16 Claims against the Fidelity Fund

(1) A claim under Division 1 of Part 8 of the repealed Act that, immediately before the appointed day, had not been determined under that Part has effect, and shall be dealt with, as a claim against the Fidelity Fund.
(2) Subclause (1) does not operate to revive a claim under Division 1 of Part 8 of the repealed Act that was determined or barred before the appointed day.
(3) Notwithstanding subclause (2), a claim that was barred before the appointed day may be dealt with as a claim against the Fidelity Fund if the Law Society Council is of the opinion that it is appropriate for it to be so dealt with.

17 Receivers

(1) If, immediately before the appointed day, a receivership under Division 2 of Part 8 of the repealed Act had not concluded, that Division continues, until the conclusion of the receivership, to apply to and in relation to the receiver and the receivership as it would have done if the repealed Act had continued in force.
(2) An application under section 92 for appointment of a receiver may be based:
(a) on an opinion of the Law Society Council referred to in section 92 (1) (a) that is formed on grounds that arose before the appointed day, or
(b) on an action of the Law Society Council referred to in section 92 (1) (b) that was taken before the appointed day or is taken on or after the appointed day on grounds that arose before the appointed day.

18 Statutory Committee

On and after the appointed day:

(a) The Solicitors' Statutory Committee as constituted under Part 10 of the repealed Act immediately before the appointed day continues in existence, and
(b) Part 10 of the repealed Act continues in force,
in relation to, and for the purpose only of completing, business of the Statutory Committee that had been commenced, but not completed, before that day.

19 General saving

(1) This clause does not have effect to the extent that other provision is made by this Schedule.
(2) If anything of a kind required or permitted to be done under this Act was done under the repealed Act and still had effect immediately before the appointed day, it continues in effect on and after that day as if:
(a) this Act had been in force when it was done, and
(b) it had been done under this Act.
(3) If subclause (2) applies in relation to the execution, lodgment, issue or publication of a written instrument, any reference in the instrument to a provision of the repealed Act shall, for the purposes of that subclause, be read as a reference to the corresponding provision of this Act.

19A Rules

(1) To remove any doubt:
(a) the Solicitors Admission Rules published in the Gazette on 14 July 1952 at p 2604, and
(b) the Barristers Admission Rules published in the Gazette on 14 July 1952 at p 2513, and
(c) the Barristers and Solicitors New Examination Rules published in the Gazette on 27 August 1965 at p 2749, and
(d) the Barristers and Solicitors Joint Examinations Board Rules published in the Gazette on 5 April 1957 at p 1132,
and any amendments to those Rules, are to be taken to have had the same effect on and from the day they were made, or purportedly made, as they would have had if they had been validly made.
(2) The Rules referred to in subclause (1) are to be taken to have had effect at all times despite Supreme Court Rules (Amendment No 109) 1980 published in the Gazette on 29 August 1980 at p 4585.
(3) Without limiting the generality of clause 19, the Rules referred to in subclause (1) are to be taken for the purposes of this Act to have been made under the repealed Act.

19B Certain determinations of the Solicitors' Statutory Committee

(1) A determination or order under the repealed Act of the Solicitors' Statutory Committee is not invalid, and is taken never to have been invalid, only because the constitution of the Committee at the time of the pronouncement of the determination or order was different from the constitution of the Committee at the time of the making of the determination or order.
(2) This clause does not apply to a determination or order the subject of the decision of the Court of Appeal in Knaggs v The Solicitors' Statutory Committee & Anor (No 2) .

20 Savings effected by Interpretation Act 1897

Except to the extent of any inconsistency, this Schedule does not affect the operation of section 8 of the Interpretation Act 1897 .

Part 3 - Provisions consequent on the enactment of the Legal Profession (Amendment) Act 1989

22 Definition

In this Part:

"the amending Act" means the Legal Profession (Amendment) Act 1989 .

23 Regulations

Any regulation in force under clause 21 immediately before the date of assent to the amending Act is to be taken to have been made under clause 1A.

24 Applications for practising certificates

A barrister who has applied for a practising certificate before the date of assent to the amending Act for the year commencing on 1 July 1988 or the year commencing on 1 July 1989, or both, has no entitlement, and is to be taken never to have had an entitlement, to a practising certificate for any such year other than that conferred by this Act, as amended by the amending Act.

25 Practising certificates not invalidated

The amendments made by the amending Act do not invalidate the issue of a practising certificate or a practising certificate issued by the Bar Council before the date of assent to the amending Act.

Part 4 - Provisions consequent on the enactment of the Legal Profession (Amendment) Act 1992

29 Validation of certain determinations and orders

A determination or order of the Legal Profession Standards Board or the Legal Profession Disciplinary Tribunal that would have been valid if this Act, as amended by the Legal Profession (Amendment) Act 1992 , had been in force at the time the determination or order was made is validated.

Part 5 - Provisions consequent on enactment of Schedule 1 to the Legal Profession Reform Act 1993

30 Barristers

(1) A person enrolled as a barrister at the commencement of Schedule 1 (2) to the Legal Profession Reform Act 1993 is taken to have been admitted as a legal practitioner on the day on which the person was admitted as a barrister.
(2) However, if the person has been on the roll of barristers or solicitors since the date of the person's first admission as either a barrister or solicitor, the person is taken to have been admitted as a legal practitioner on the first date on which the person was admitted as either a barrister or solicitor.
(3) A person holding a practising certificate as a barrister at that commencement is taken to have been issued with a practising certificate as a barrister under this Act as amended by the Legal Profession Reform Act 1993 . The certificate continues in force accordingly.

31 Solicitors

(1) A person enrolled as a solicitor at the commencement of Schedule 1 (2) to the Legal Profession Reform Act 1993 is taken to have been admitted as a legal practitioner on the day on which the person was admitted as a solicitor.
(2) However, if the person has been on the roll of barristers or solicitors since the date of the person's first admission as either a barrister or solicitor, the person is taken to have been admitted as a legal practitioner on the first date on which the person was admitted as either a barrister or solicitor.
(3) A person holding a practising certificate as a solicitor at that commencement is taken to have been issued with a practising certificate as a solicitor under this Act as amended by the Legal Profession Reform Act 1993 . The certificate continues in force accordingly.

32 Admission Boards

(1) The Barristers Admission Board and Solicitors Admission Board are abolished.
(2) Anything done by, to or in relation to either of those Boards is taken to have been done by, to or in relation to the Legal Practitioners Admission Board, except as may be provided by the regulations.
(3) The Attorney General may call the first meeting of the Legal Practitioners Admission Board in such way as the Attorney General thinks fit.

33 Students-at-law

(1) An application to be registered as a student-at-law pending at the commencement of Schedule 1 (2) to the Legal Profession Reform Act 1993 is taken to be an application to be registered as a student-at-law by the Admission Board.
(2) A person registered as a student-at-law at that commencement is taken to be registered as a student-at-law by the Admission Board.

34 Declarations as to character

(1) An application for a declaration under section 20 pending at the commencement of Schedule 1 (2) to the Legal Profession Reform Act 1993 is taken to be an application for a declaration by the Admission Board.
(2) A declaration made by the Barristers Admission Board or the Solicitors Admission Board before that commencement and in force at that commencement is taken to be a declaration made by the Legal Practitioners Admission Board under section 12 of this Act as amended by the Legal Profession Reform Act 1993 .

35 Legal Profession Advisory Council

(1) A person who held office as a member of the Advisory Council immediately before the commencement of Schedule 1 (8) to the Legal Profession Reform Act 1993 ceases to hold office on that commencement and is not entitled to any remuneration or compensation for the loss of that office.
(2) However, any such person is eligible (if otherwise qualified) to be appointed as a member of the Advisory Council after the commencement of Schedule 1 (8) to the Legal Profession Reform Act 1993 .

35A Unqualified practitioners

(1) An order under section 120 that was in force immediately before the repeal of that section by the Legal Profession Reform Act 1993 is taken to be an order under section 48I, as inserted by that Act.
(2) An order may be made under section 48I or 48J in connection with conduct occurring before the commencement of that section.
(3) Leave given under section 121 that was in force immediately before the repeal of that section by the Legal Profession Reform Act 1993 is taken to be an approval under section 48K, as inserted by that Act.

36 Regulations

Without limiting clause 1A, regulations may be made under that clause for or with respect to the following:

(a) rules of the Admission Board of a transitional or savings nature,
(b) pending applications for admission as a barrister or solicitor,
(c) practising certificates and conditions of practising certificates,
(d) pending applications for practising certificates,
(e) orders, pending applications and appeals and other proceedings under Part 9 before the repeal of that Part, and the enactment of Part 3A, by the Legal Profession Reform Act 1993 .

Part 6 - Provisions consequent on enactment of Schedule 2 to the Legal Profession Reform Act 1993

37 Previous conduct

(1) Part 10, as substituted by the Legal Profession Reform Act 1993 , applies to conduct occurring before or after the substitution of that Part (including professional misconduct occurring before the commencement of the Legal Profession Act 1987 , but not including unsatisfactory professional conduct occurring before that commencement).
(1A) For the removal of doubt, Part 10 as substituted by the Legal Profession Reform Act 1993 applies to the conduct of a barrister that occurred before the commencement of the Legal Profession Act 1987 on 1 January 1988 and applies to any complaint made by any person, or initiated by the Bar Association, in respect of such conduct (whether the complaint was made or initiated before or after that commencement).
(2) This clause is subject to clause 38.
Note: This clause carries forward the policy in the transitional regulations under the Act that complaints may be made and disciplinary proceedings taken in respect of conduct before the commencement of the Act on 1 January 1988 if it constitutes professional misconduct. Unsatisfactory professional conduct was a new category introduced by the Act, and accordingly only such conduct since the commencement of the Act may be the subject of complaints and disciplinary proceedings.

38 Continuation of pending proceedings

Without limiting clause 1A, the regulations under that clause may make provision for or with respect to complaints and disciplinary proceedings pending on the commencement of this clause and to orders made in those proceedings or in any such proceedings completed before that commencement.

39 Superseded bodies

(1) The Legal Profession Disciplinary Tribunal, the Legal Profession Standards Board and the Legal Profession Conduct Review Panel are abolished.
(2) A person who held office as a member of the Legal Profession Disciplinary Tribunal, the Legal Profession Standards Board or the Legal Profession Conduct Review Panel immediately before its abolition ceases to hold office and is not entitled to any remuneration or compensation for the loss of that office.
(3) However, any such person is eligible (if otherwise qualified) to be appointed as a member of the Legal Services Tribunal.

40 Construction of superseded references

In any other Act or in any statutory instrument or in any other instrument:

(a) a reference to the Disciplinary Tribunal or the Legal Profession Disciplinary Tribunal is to be read as a reference to the Legal Services Tribunal, or
(b) a reference to the Professional Standards Board or the Legal Profession Standards Board is to be read as a reference to the Legal Services Tribunal, or
(c) a reference to the Professional Conduct Review Panel or the Legal Profession Conduct Review Panel is to be read as a reference to the Legal Services Commissioner.

Part 7 - Provisions consequent on the enactment of Schedule 3 to the Legal Profession Reform Act 1993

41 Bills of costs and agreements

(1) Subject to this Part, Part 11 (as substituted by Schedule 3 to the Legal Profession Reform Act 1993 ) extends to bills of costs given before, or agreements as to costs made before, the commencement of that substituted Part if any such bill of costs or agreement has effect after that commencement.
(2) Part 11 and any relevant determinations of the Legal Fees and Costs Board, as in force immediately before that commencement, continue to apply to a bill of costs given before that commencement.
(3) Any bill of costs referred to in subclause (2) is, if required by the application of that Part, to be taxed in accordance with any relevant rules of the Supreme Court or any other applicable court, as in force immediately before that commencement.

42 Barristers' costs

Part 11, as substituted by Schedule 3 to the Legal Profession Reform Act 1993 , does not apply to barristers' costs for which a fee has been marked or a memorandum of fees has been rendered before the commencement of that substituted Part.

43 Costs in proceedings

Despite any provision of this Part, and without limiting clause 1A, regulations may be made under that clause for or with respect to the following matters:

(a) the application of Part 11 and laws relating to the taxation of costs, as in force before the commencement of Schedules 3 and 6 to the Legal Profession Reform Act 1993 , to any order for the payment of costs made by a court or tribunal after that commencement,
(b) the application of Part 11, as substituted by that Act, to any order for the payment of costs made by a court or tribunal after that commencement.

44 Continuation of certain fees

Despite any provision of this Part, and without limiting clause 1A, regulations may be made under that clause for or with respect to the continuation of fees determined by the Legal Fees and Costs Board, and in force before the commencement of Part 11, as substituted by Schedule 3 to the Legal Profession Reform Act 1993 , until such time as relevant regulations are made under Division 5 of the substituted Part.

45 Superseded references to taxation of costs

On and from the commencement of Part 11, as substituted by Schedule 3 to the Legal Profession Reform Act 1993 , a reference in any Act or other instrument (however expressed) to the taxation of costs is taken to be a reference to the assessment of costs under Division 6 of Part 11.

46 Abolition of Legal Fees and Costs Board

(1) The Legal Fees and Costs Board is abolished.
(2) A person who held office as a member of the Legal Fees and Costs Board immediately before its abolition ceases to hold that office on that abolition and is not entitled to any remuneration or compensation because of the loss of that office.

47 Repeal of Court rules as to costs

Rules as to costs made by a court under a provision of an Act repealed by the Legal Profession Reform Act 1993 cease to have effect on repeal, except as provided by this Part.

Part 8 - Provisions consequent on enactment of Legal Profession Amendment Act 1996

48 Claims against Fidelity Fund

(1) Section 80 (4), as substituted by Schedule 3 [2] to the Legal Profession Amendment Act 1996 , does not apply to a claim made before the commencement of that amendment.
(2) Section 80A does not apply to a claim made before the commencement of Schedule 3 [3] to the Legal Profession Amendment Act 1996 .

49 Amendments relating to complaints

An amendment made to Part 10 by Schedule 1 to the Legal Profession Amendment Act 1996 applies to complaints made before the commencement of that amendment in the same way as it applies to complaints made after that commencement.

50 Variation of information

Section 167A applies to an information laid before the commencement of Schedule 1 [14] to the Legal Profession Amendment Act 1996 in the same way as it applies to an information laid after that commencement.

51 Protection from liability

The amendments made to section 171Q apply to confer protection from liability on a person or body in respect of any matter or thing done or omitted to be done before the commencement of Schedule 1 [15] to the Legal Profession Amendment Act 1996 in the same way as they apply in respect of a matter or thing done or omitted to be done after that commencement.

52 Appeal against decision of costs assessor

Section 208M applies to an appeal against a decision made before the commencement of Schedule 2 [16] to the Legal Profession Amendment Act 1996 in the same way as it applies to an appeal against a decision made after that commencement.

Part 9 - Provisions consequent on enactment of the Legal Profession Amendment (National Practising Certificates) Act 1996

53 Definition

In this Part:

"amending Act" means the Legal Profession Amendment (National Practising Certificates) Act 1996 .

54 Practising certificate of a solicitor

A person holding a practising certificate as a solicitor at the commencement of Schedule 1 [6] to the amending Act is taken to have been issued with a practising certificate as a solicitor and barrister under this Act as amended by Schedule 1 [6]. The certificate continues in force accordingly.

55 Provisions relating to interstate legal practitioners

An interstate legal practitioner is entitled to practise law in this State in accordance with this Act as amended by the amending Act even if the interstate practising certificate conferring the entitlement was issued before or after the commencement of Part 3B.

56 Costs assessments

The amendments made to section 208JA by the amending Act extend to the payment of costs in respect of applications for costs assessments made before the commencement of the amendments.

Part 11 - Provisions consequent on enactment of Legal Profession Amendment (Costs Assessment) Act 1998

61 Definition

In this Part:

"amending Act" means the Legal Profession Amendment (Costs Assessment) Act 1998 .

62 Power to postpone or refund fees extends to existing applications

The amendments made to section 203 by the amending Act extend to applications made before the commencement of those amendments.

63 Reasons for determinations

Section 208JAA, as inserted by the amending Act, does not apply to any certificate issued (whether before or after the commencement of that section) in respect of an application for an assessment that is made before the commencement of that section.

64 Recovery of costs of costs assessment

Section 208J (5), as inserted by the amending Act, extends to any determination made before the commencement of that subsection in respect of which a certificate has not, before that commencement, been issued under section 208J.

65 Availability of review procedure

(1) Subdivision 4A of Division 6 of Part 11, as inserted by the amending Act, does not apply in respect of a determination of a costs assessor if the application for assessment was made before the commencement of section 208KA.
(2) Accordingly, a review is not available under that Subdivision in respect of such a determination.

66 Payment of fees and costs

(1) Schedule [16] to the amending Act does not affect any payment made or required to be made to the Law Society for the credit of the Statutory Interest Account under section 208U (2), as in force immediately before the commencement of Schedule [16], except as otherwise provided by this clause.
(2) Section 208U (2), as inserted by Schedule 1 [16] to the amending Act, extends to any application fee for an assessment, or payment for the costs of a costs assessor, that was payable before the commencement of Schedule 1 [16] and which, at the commencement of Schedule 1 [16], has not been received by the proper officer of the Supreme Court. Accordingly, if such a fee or payment is received by the proper officer after the commencement of Schedule 1 [16] to the amending Act it is to be dealt with as required by section 208U (2), as inserted by Schedule 1 [16] to the amending Act.
(3) The Director-General of the Attorney General's Department may direct that there is to be deducted from any amount received before the commencement of Schedule 1 [16] to the amending Act that is to be paid to the Law Society for the credit of the Statutory Interest Account under section 208U (2), as in force immediately before the commencement of Schedule 1 [16], such amount or proportion of that payment as the Director-General considers to be attributable to the costs of administration of Division 6 of Part 11, including the costs of enforcing determinations of costs assessors.
(4) Any amount or proportion so deducted is to be paid to the working account provided for by section 208U (as amended by Schedule 1 [16] to the amending Act).

Part 12 - Provisions consequent on enactment of Legal Profession Amendment Act 1998

67 Definitions

In this Part:

"Solicitors' Trust Account Fund" means the fund known as the "Solicitors' Trust Account Fund" or the "Law Society Solicitors' Trust Accounts Fund", established by the Law Society before the commencement of Division 2 of Part 6 (as inserted by the Legal Profession Amendment Act 1998 ).

"Statutory Interest Account" means the fund maintained by the Law Society under section 67 of the Act, as in force immediately before the repeal of that section by the Legal Profession Amendment Act 1998 .

68 Continuation of Statutory Interest Account

The Public Purpose Fund is a continuation of the Statutory Interest Account and accordingly the following provisions have effect:

(a) the assets and liabilities of the Statutory Interest Account are the assets and liabilities of the Public Purpose Fund,
(b) a reference in any instrument (other than this Act) to the Statutory Interest Account is taken to be a reference to the Public Purpose Fund.

69 Continuation of Solicitors' Trust Account Fund

The Public Purpose Fund is a continuation of the Solicitors' Trust Account Fund and accordingly the following provisions have effect:

(a) the assets and liabilities of the Solicitors' Trust Account Fund are the assets and liabilities of the Public Purpose Fund,
(b) a reference in any instrument (other than this Act) to the Solicitors' Trust Account Fund is taken to be a reference to the Public Purpose Fund.

70 Saving of existing arrangements with respect to general trust accounts

(1) Any agreement relating to the payment of interest on general trust accounts kept by solicitors for the purposes of section 61 that had effect immediately before the commencement of section 69E (as inserted by the Legal Profession Amendment Act 1998 ), and that is approved by the trustees of the Public Purpose Fund for the purposes of section 69E (whether before or after the commencement of that section), is taken to be an agreement for the purposes of section 69E.
(2) Any bank, building society or credit union that is a party to such an agreement is taken to be an approved financial institution for the purposes of section 61.
(3) A reference in Division 2 of Part 6, as inserted by the Legal Profession Amendment Act 1998 , to a general trust account kept by a solicitor for the purposes of section 61 (1) (a) extends to a general trust account kept by a solicitor for the purposes of section 61 (2) (a), as in force before the commencement of Schedule 4 [6] to the Legal Profession Amendment Act 1996 .

71 Proceedings relating to appointment or removal of costs assessors

Section 208S (5), as inserted by the Legal Profession Amendment Act 1998 , does not affect any proceedings instituted before the commencement of that subsection.

72 Correction of errors in determinations

(1) Section 208JB, as inserted by the Legal Profession Amendment Act 1998 , does not apply to a determination made by a costs assessor before the commencement of that section.
(2) Section 208KHA, as inserted by the Legal Profession Amendment Act 1998 , does not apply to a determination made by a panel before the commencement of that section.

Part 13 - Provisions consequent on enactment of Legal Profession Amendment (Mortgage Practices) Act 2000

73 Definitions

In this Part:

"amending Act" means the Legal Profession Amendment (Mortgage Practices) Act 2000 .

"client" has the same meaning as in Part 9.

74 Application of section 61A

Section 61A:

(a) applies only to money received by a solicitor on or after the commencement of that section, and
(b) applies even if the costs referred to in that section were awarded by the Compensation Court before the commencement of that section.

75 Requirement to notify insurance arrangements for State regulated mortgages

(1) Section 122 (2), as inserted by the amending Act, applies in respect of an advance of money made or proposed to be made on or after the relevant commencement date by a solicitor to a borrower for a State regulated mortgage even if:
(a) the money was entrusted to the solicitor by the client before the relevant commencement date, or
(b) an authority to advance the money was given to the solicitor by the client before the relevant commencement date, or
(c) the regulated mortgage was entered into before the relevant commencement date.
(2) An authority given by a client before the relevant commencement date in accordance with clause 55 of the Legal Profession Regulation 1994 is taken to be an authority for the purpose of section 122 (2) (b) but not if it is a general lending authority given under clause 55 of the Legal Profession Regulation 1994 .
(3) In this clause, the "relevant commencement date" means the date of commencement of section 122, as inserted by the amending Act.

76 Managed investment scheme provisions

Section 122B, as inserted by the amending Act, applies to money entrusted to a solicitor by a client after the commencement of that section, and section 122C applies accordingly.

Part 14 - Provisions consequent on the enactment of the Legal Profession Amendment (Complaints and Discipline) Act 2000

77 Definition

In this Part:

"amending Act" means the Legal Profession Amendment (Complaints and Discipline) Act 2000 .

78 Validation

(1) Any investigation or decision of a Council, the Commissioner, the Administrative Decisions Tribunal, the former Legal Services Tribunal or any court with respect to a complaint made or initiated before 4 February 2000 is not invalid because the complaint was made or initiated more than 3 years after the conduct concerned was alleged to have occurred, whether or not the Commissioner accepted the complaint in accordance with section 138 (as in force before its amendment by the amending Act).
(2) The variation of an information by the Administrative Decisions Tribunal or the former Legal Services Tribunal before 4 February 2000 to include an additional allegation is not invalid because the alleged conduct concerned occurred more than 3 years before the variation was made.
(3) This clause does not operate to reverse the decision of a court in a particular case in which proceedings were finally determined before the commencement of this clause. However, this subclause does not preclude further complaints with respect to the same or any related conduct.

79 Amending Act--application to pending complaints and proceedings

(1) A complaint that was made or initiated under Division 3 of Part 10 and that was not determined before the substitution of that Division by the amending Act is taken to be a complaint made under that Division, as substituted by the amending Act.
(2) Sections 147A (1A), 155A and 160 (1) (c3), as inserted by the amending Act, extend to a complaint made before the commencement of those provisions.
(3) Sections 167A (3) and 167B, as inserted by the amending Act, extend to an information laid before the commencement of those provisions.

Part 15 - Provisions consequent on the enactment of the Legal Profession Amendment (Incorporated Legal Practices) Act 2000

80 Definitions

In this Part:

"amending Act" means the Legal Profession Amendment (Incorporated Legal Practices) Act 2000 .

81 Existing solicitor corporations

(1) This clause applies to a solicitor corporation that was formed under Division 1 of Part 10A of this Act and that was in existence immediately before the repeal of that Part by the amending Act.
(2) Any such solicitor corporation is not dissolved by the repeal of Part 10A of this Act, but that Part continues to apply to the solicitor corporation (despite its repeal) until the winding up of the corporation in accordance with that Part or with the regulations made under this Schedule. Any such regulations may apply provisions of the Corporations Act 2001 of the Commonwealth or any other Act, with or without modification.
(3) Until the dissolution of any such solicitor corporation, any other provision of this Act relating to solicitor corporations that is repealed by the amending Act continues to apply, subject to the regulations made under this Schedule, to the solicitor corporation (despite the repeal of the provision).
(4) The transfer, in accordance with the Corporations Act 2001 of the Commonwealth, of the incorporation of any such solicitor corporation to incorporation under the Corporations Act 2001 of the Commonwealth is authorised.

Part 16 - Provisions consequent on the enactment of the Legal Profession Amendment (Disciplinary Provisions) Act 2001

82 Definition

In this Part, "amending Act" means the Legal Profession Amendment (Disciplinary Provisions) Act 2001 .

83 Previous show cause statements and notifications

(1) Any written statement that:
(a) was provided before the commencement of section 38FB, and
(b) is a statement as to why, despite the commission of an act of bankruptcy or a finding of guilt of the commission of an indictable offence or a tax offence, the person making the statement considers that he or she is a fit and proper person to hold a practising certificate,
is taken to be a statement provided in accordance with section 38FB in relation to that act of bankruptcy or finding of guilt.
(2) For the purposes of the definition of "relevant period" in section 38FA, a notification referred to in that section and given to a Council before the commencement of that section is taken to have been given to the Council on that commencement.

84 Previous determination of matters

A Council or the Commissioner is not required to make a determination under section 38FC in relation to a legal practitioner who has committed an act of bankruptcy or been found guilty of an indictable offence or a tax offence if, before the commencement of that section:

(a) the commission of the act of bankruptcy or the finding of guilt was considered by the Council, and
(b) a determination was made by the Council as to whether, despite the act of bankruptcy or finding of guilt, the legal practitioner was a fit and proper person to hold a practising certificate.

85 Legal Services Commissioner, staff and delegations

(1) The person holding office as Legal Services Commissioner immediately before the repeal of section 129 by the amending Act is taken to have been appointed to that office under section 59B and holds that office for the duration of the term for which the person was appointed under section 129.
(2) A person holding office as acting Legal Services Commissioner immediately before the repeal of section 130 by the amending Act is taken to have been appointed to that office under section 59C and holds that office for the duration of the term for which the person was appointed under section 130.
(3) A person employed as a member of staff of the Legal Services Commissioner under section 132 (2) immediately before the repeal of that subsection by the amending Act is taken to be employed as a member of staff under section 59H (2).
(4) A delegation made by the Commissioner under section 133 and in force immediately before the repeal of that section by the amending Act is taken to have been made under section 59I.

86 Appeals

An appeal made under section 171F before the commencement of an amendment made to that section by the amending Act is to be dealt with as if the amendment had not been made to that section.

Part 17 - Provisions consequent on enactment of Legal Profession Amendment (Professional Indemnity Insurance) Act 2001

87 Amendments to section 36

A reference in section 36 (5), as substituted by the Legal Profession Amendment (Professional Indemnity Insurance) Act 2001 , to a change in the relevant date includes a change in the relevant date that was made before the substitution of that subsection.

88 Indemnity arrangements for 2001-2002

An indemnity agreement referred to in Schedule 2A may be entered into on or after the commencement of that Schedule and may have effect in relation to the whole of the extension period (within the meaning of that Schedule), even if entered into after the commencement of the extension period.

Part 18 - Provisions consequent on enactment of Courts Legislation Amendment Act 2001

89 Referral of unreviewed determinations to review panel: section 208NC

Section 208NC, as inserted by the Courts Legislation Amendment Act 2001 , applies to an appeal under section 208M made before the commencement of that section.

Part 19 - Provisions consequent on enactment of Civil Liability Act 2002

90 Application of costs amendments

(1) Division 5B (Maximum costs in personal injury damages matters) of Part 11 does not apply in respect of legal services provided before 7 May 2002 but extends to legal services provided on or after that date even if the legal services are provided in connection with a claim that arose before that date (and whether or not proceedings on the claim were commenced before that date).
(2) Division 5C (Costs in civil claims where no reasonable prospects of success) of Part 11 extends to legal services provided on or after 20 March 2002 even if the legal services are provided in connection with a claim that arose before that date (and whether or not proceedings on the claim were commenced before that date).
(3) However, section 198L (2) and (3) do not apply in respect of proceedings commenced before the date of assent to the Civil Liability Act 2002 .
(4) An order may not be made under section 198M (and an application for such an order may not be made) before the date of assent to the Civil Liability Act 2002 .

91 Apportionment of costs for legal services

(1) In the application of Division 5B of Part 11 to a claim for personal injury damages that straddles 7 May 2002, the following provisions have effect in respect of the costs for legal services provided to a party in connection with the claim:
(a) the costs for legal services provided on or after 7 May 2002 are to be determined as a proportion of the total costs for legal services provided to the party (that is, for legal services provided before, on or after 7 May 2002),
(b) the proportion determined under paragraph (a) is to be applied to the maximum costs for legal services that would (apart from this clause) be applicable in respect of the claim under section 198D, so as to arrive at a "reduced maximum amount" for costs in respect of legal services provided on or after 7 May 2002,
(c) that reduced maximum amount becomes, for the purposes of section 198D, the maximum costs for legal services provided to the party in connection with the claim on or after 7 May 2002.
Note: Section 198D does not apply to costs for legal services provided before 7 May 2002.
(2) After the date of assent to the Civil Liability Act 2002 , a solicitor or barrister must not provide a legal service to a party in connection with a claim for personal injury damages that straddles 7 May 2002 unless the party has been notified in writing by the solicitor or barrister of the effect of Divisions 5B and 5C of Part 11.
(3) A claim "straddles" 7 May 2002 if legal services are provided in connection with the claim both before and on or after 7 May 2002.

Part 20 - Provisions consequent on enactment of Legal Profession Amendment (National Competition Policy Review) Act 2002

92 Practising certificate fees

(1) Section 29, as in force immediately before its repeal by the Legal Profession Amendment (National Competition Policy Review) Act 2002 , continues to apply in respect of practising certificates issued by the Bar Council before the commencement of section 29A, as inserted by that Act.
(2) Section 29, as in force immediately before its repeal by the Legal Profession Amendment (National Competition Policy Review) Act 2002 , continues to apply in respect of practising certificates issued by the Law Society Council before the commencement of section 29B, as inserted by that Act.

93 Advertising

Section 38J (3), as inserted by the Legal Profession Amendment (National Competition Policy Review) Act 2002 , applies only in respect of contraventions of section 38J (2) that occur after the commencement of section 38J (3).

94 Disclosure of information under section 171OA

Section 171OA (4) and (5), as in force immediately before the repeal of section 171OA by the Legal Profession Amendment (National Competition Policy Review) Act 2002 , continues to apply in respect of anything done before the repeal of section 171OA.

Part 21 - Provisions consequent on the enactment of Miscellaneous Acts Amendment (Relationships) Act 2002

95 Operation of amendments

The amendment made to section 60 by the Miscellaneous Acts Amendment (Relationships) Act 2002 does not apply in respect of money or other valuable property received by or paid or entrusted to a solicitor or an associate of a solicitor before the commencement of the amendment.

Part 22 - Provisions consequent on enactment of Courts Legislation Miscellaneous Amendments Act 2002

96 Definitions

In this Part, "the 2002 amending Act" means the Courts Legislation Miscellaneous Amendments Act 2002 .

97 Applications under sections 203 and 208KA

(1) An application made in accordance with section 203 before the amendment of that section by the 2002 amending Act is taken to have been made in accordance with that section, as amended by that Act.
(2) An application made in accordance with section 208KA before the amendment of that section by the 2002 amending Act is taken to have been made in accordance with that section, as amended by that Act.

98 Notification of applications under section 204

Section 204, as amended by the 2002 amending Act, extends to any application for assessment made before the commencement of that amendment.

99 Correction of errors under sections 208JB and 208KHA

The amendments to sections 208JB and 208KHA made by the 2002 amending Act do not affect any judgment that has been varied under either of those sections before the commencement of those amendments.

Part 23 - Provisions consequent on enactment of Legal Profession Amendment Act 2004

100 Definition

In this Part, "amending Act" means the Legal Profession Amendment Act 2004 .

101 Pre-admission events (sections 30 and 37)

(1) A regulation made before the commencement of the amendment made by the amending Act to section 30 is and is taken always to have been as valid as it would be or would have been if the amendment had been in force when the regulation was made.
(2) Anything done or omitted to be done under section 37 before the commencement of the amendments made by the amending Act to that section is and is taken always to have been as valid as it would be or would have been if the amendments had been in force when the thing was done or omitted.

102 Reprimands by Council or Commissioner (sections 155 and 160)

Sections 155 and 160 as amended by the amending Act extend to conduct occurring before the commencement of the amendments.

103 Time for instituting proceedings (section 167AA)

(1) Section 167AA as inserted by the amending Act extends to decisions made to institute proceedings in the Tribunal before the commencement of that section (whether or not the proceedings were instituted or purported to be instituted before that commencement), as if that section had been in force when the decisions were made.
(2) Without limiting subclause (1), if proceedings referred to in that subclause:
(a) were instituted or purported to be instituted in the Tribunal before the commencement of section 167AA, and
(b) were pending in the Tribunal immediately before that commencement,
the proceedings are taken to have been as validly instituted in the Tribunal as they would have been had that section been in force when they were instituted or purported to be instituted.
(3) However, section 167AA does not apply to proceedings instituted or purporting to be instituted in the Tribunal before the commencement of that section where the Tribunal has before that commencement made an order or decision to the effect that the proceedings were not validly instituted.

104 Power to disregard procedural lapses (section 171)

Section 171 as inserted by the amending Act extends to:

(a) procedural lapses occurring before the commencement of the amendment, and
(b) complaints made before that commencement, and
(c) proceedings pending in the Tribunal at that commencement.

105 Determinations of Tribunal--publishing information about reprimands (section 171C)

Section 171C (3)-(5) as inserted by the amending Act apply to disciplinary action taken after the commencement of those subsections in proceedings commenced before or after that commencement, but nothing in those subsections or this clause implies that the matters referred to in those subsections relating to disciplinary action taken before that commencement cannot be published or included in the register of disciplinary action.

106 Appeals from Tribunal (section 171F)

(1) An appeal pending under old section 171F immediately before the commencement of new section 171F is to be dealt with as if old section 171F had not been omitted and replaced by the amending Act.
(2) New section 171F extends to decisions of the Tribunal made before the commencement of the section, where an appeal had not been made under old section 171F before its omission and replacement by the amending Act.
(3) The amending Act does not affect any appeal pending in, or right of appeal to, the Supreme Court from a decision of an Appeal Panel.
(4) In this clause:

"new section 171F" means section 171F as inserted by the amending Act.

"old section 171F" means section 171F as in force before its omission and replacement by the amending Act.