• Specific Year
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LEGAL PROFESSION ACT 2004 - As at 1 July 2015 - Act 112 of 2004

- As at 1 July 2015 - Act 112 of 2004

Table of Provisions

CHAPTER 1 - INTRODUCTION

PART 1.1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Purposes

PART 1.2 - INTERPRETATION

CHAPTER 2 - GENERAL REQUIREMENTS FOR ENGAGING IN LEGAL PRACTICE

PART 2.1 - PRELIMINARY

  • 12 Simplified outline of Chapter

PART 2.2 - RESERVATION OF LEGAL WORK AND LEGAL TITLES

Division 1 - Preliminary

  • 13 Purposes

Division 2 - General prohibitions on unqualified practice

  • 14 Prohibition on engaging in legal practice when not entitled
  • 15 Prohibition on representing or advertising entitlement to engage in legal practice when not entitled
  • 16 Presumptions about taking or using certain names, titles or descriptions specified in regulations

Division 3 - Prohibitions regarding associates, clerks and non-legal partners

  • 17 Associates who are disqualified or convicted persons
  • 18 Prohibition on employment of certain lay associates
  • 19 Prohibition on partnerships with certain non-legal partners
  • 20 Council to maintain register of prohibition orders and approvals

Division 4 - General

  • 21 Professional discipline

PART 2.3 - ADMISSION OF LOCAL LAWYERS

Division 1 - Preliminary

  • 22 Purpose
  • 23 Definitions

Division 2 - Eligibility and suitability for admission

  • 24 Eligibility for admission
  • 25 Suitability for admission
  • 26 Early consideration of suitability
  • 27. (Repealed)
  • 28 Appeals
  • 29 Binding effect of declaration or order
  • 30 Entitlement to be represented, heard and make representations

Division 3 - Admission to the legal profession

Division 4 - Legal Profession Admission Board

Note
  • 35 Consideration of applications for admission
  • 36 Compliance certificates
  • 37 Consideration of applicant's eligibility and suitability
  • 37A Communication with other authorities

Division 5 - Admission rules

Division 6 - Miscellaneous

  • 38A Non-compellability of certain witnesses

PART 2.4 - LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS

Division 1 - Preliminary

  • 39 Purposes

Division 2 - Legal practice in this jurisdiction by Australian legal practitioners

Division 3 - Local practising certificates generally

Division 4 - Grant or renewal of local practising certificates

Division 5 - Conditions on local practising certificates

Division 6 - Amendment, suspension or cancellation of local practising certificates

Division 7 - Special powers in relation to local practising certificates--show cause events

65. (Repealed)

Division 8 - Further provisions relating to local practising certificates

Division 9 - Practice as a barrister or solicitor

  • 81 Practice as a barrister
  • 82 Practice as a solicitor
  • 83 Client access
  • 84 Advertising
  • 85 Regulation of advertising and other marketing of services
  • 86 Specialisation
  • 87 Advocates
  • 88 Joint advocates
  • 89 Attendance
  • 90 Prohibition of official schemes for recognition of seniority or status

Division 10 - Fees for practising certificates

  • 91 Fee for practising certificate
  • 92 Late fee
  • 92A Late fee for certain applications for new practising certificates
  • 93. (Repealed)
  • 94 Submission of budget to Attorney General
  • 95 Audit of Council activities

Division 11 - Interstate legal practitioners

96, 97. (Repealed)

Division 12 - Miscellaneous

PART 2.5 - INTER-JURISDICTIONAL PROVISIONS REGARDING ADMISSION AND PRACTISING CERTIFICATES

Division 1 - Preliminary

  • 116 Purpose
  • 117 Definition
  • 118 Other requirements not affected

Division 2 - Notifications to be given by local authorities to interstate authorities

Division 3 - Notifications to be given by lawyers to local authorities

  • 122 Lawyer to give notice of removal of name from interstate roll
  • 123 Lawyer to give notice of interstate orders
  • 124 Lawyer to give notice of foreign regulatory action
  • 125 Provisions relating to requirement to notify

Division 4 - Taking of action by local authorities in response to notifications received

PART 2.6 - INCORPORATED LEGAL PRACTICES AND MULTI-DISCIPLINARY PARTNERSHIPS

Division 1 - Preliminary

  • 132 Purposes
  • 133 Definitions

Division 2 - Incorporated legal practices

Division 3 - Multi-disciplinary partnerships

Division 4 - Miscellaneous

  • 181 Obligations of individual practitioners not affected
  • 182 Regulations

PART 2.7 - LEGAL PRACTICE BY FOREIGN LAWYERS

Division 1 - Preliminary

Division 2 - Practice of foreign law

Division 3 - Local registration of foreign lawyers generally

Division 4 - Applications for grant or renewal of local registration

  • 201 Application for grant or renewal of registration
  • 202 Manner of application
  • 203 Requirements regarding applications for grant or renewal of registration

Division 5 - Grant or renewal of registration

  • 204 Grant or renewal of registration
  • 205 Requirement to grant or renew registration if criteria satisfied
  • 206 Refusal to grant or renew registration

Division 6 - Amendment, suspension or cancellation of local registration

  • 207 Application of this Division
  • 208 Grounds for amending, suspending or cancelling local registration
  • 209 Amending, suspending or cancelling registration
  • 210 Operation of amendment, suspension or cancellation of registration
  • 211 Other ways of amending or cancelling registration
  • 212 Relationship of this Division with Chapter 4

Division 7 - Special powers in relation to local registration--show cause events

  • 213 Applicant for local registration--show cause event
  • 214 Locally registered foreign lawyer--show cause event
  • 215 Refusal, amendment, suspension or cancellation of local registration--failure to show cause
  • 216 Restriction on making further applications
  • 217 Relationship of this Division with Chapters 4 and 6

Division 8 - Further provisions relating to local registration

  • 218 Immediate suspension of registration
  • 219 Surrender of local registration certificate and cancellation of registration
  • 220 Automatic suspension or cancellation of registration on grant of practising certificate or other disciplinary action
  • 221 Suspension or cancellation of registration not to affect disciplinary processes
  • 222 Return of local registration certificate on amendment, suspension or cancellation of registration

Division 9 - Conditions on registration

Division 10 - Interstate-registered foreign lawyers

Division 11 - Miscellaneous

PART 2.8 - COMMUNITY LEGAL CENTRES

CHAPTER 3 - CONDUCT OF LEGAL PRACTICE

PART 3.1 - TRUST MONEY AND TRUST ACCOUNTS

Division 1 - Preliminary

Division 2 - Trust accounts and trust money

Division 3 - Investigations

Division 4 - External examinations

  • 272 Designation of external examiners
  • 273 Designation and appointment of associates as external examiners
  • 274 Trust records to be externally examined
  • 275 Final examination of trust records
  • 276 Examination of affairs in connection with examination of trust records
  • 277 Carrying out examination
  • 278 External examiner's report
  • 279 Law practice liable for costs of examination

Division 5 - Provisions relating to ADIs

  • 280 Approval of ADIs
  • 281 ADI not subject to certain obligations and liabilities
  • 282 Reports, records and information

Division 6 - Statutory deposits

  • 283 Statutory deposits
  • 284 Status and repayment of deposited money

Division 7 - Public Purpose Fund

Division 8 - Miscellaneous provisions

PART 3.2 - COSTS DISCLOSURE AND ASSESSMENT

Division 1 - Preliminary

  • 301 Purposes
  • 302 Definitions
  • 302A Terms relating to third party payers
  • 302B Costs assessment is to take into account GST

Division 2 - Application of this Part

  • 303 Application of Part--first instructions rule
  • 304 Part also applies by agreement or at client's election
  • 305 Displacement of Part
  • 306 How and when does a client first instruct a law practice?
  • 307 When does a matter have a substantial connection with this jurisdiction?
  • 308 What happens when different laws apply to a matter?

Division 3 - Costs disclosure

  • 309 Disclosure of costs to clients
  • 310 Disclosure if another law practice is to be retained
  • 311 How and when must disclosure be made to a client?
  • 312 Exceptions to requirement for disclosure
  • 313 Additional disclosure--settlement of litigious matters
  • 314 Additional disclosure--uplift fees
  • 315 Form of disclosure
  • 316 Ongoing obligation to disclose
  • 317 Effect of failure to disclose
  • 318 Progress reports
  • 318A Disclosure to associated third party payers

Division 4 - Legal costs generally

Division 5 - Costs agreements

  • 322 Making costs agreements
  • 323 Conditional costs agreements
  • 324 Conditional costs agreements involving uplift fees
  • 325 Contingency fees are prohibited
  • 326 Effect of costs agreement
  • 327 Certain costs agreements are void
  • 328 Setting aside costs agreements or provisions of costs agreements

Division 6 - Costs fixed by regulations

  • 329 Regulations to provide for fixed costs
  • 330 Provisions relating to regulations generally

Division 7 - Billing

Division 8 - Mediation of costs disputes

  • 335 Meaning of "client" and "costs dispute"
  • 336 Referral for mediation

Division 9 - Maximum costs in personal injury damages matters

  • 337 Interpretation and application
  • 338 Maximum costs fixed for claims up to $100,000
  • 338A Maximum costs increased by additional amount for certain claims heard by the District Court
  • 339 Maximum costs do not affect solicitor-client costs under costs agreements
  • 340 Costs can be awarded on indemnity basis for costs incurred after failure to accept offer of compromise
  • 341 Court may order certain legal services to be excluded from maximum costs limitation
  • 342 Apportionment of maximum costs between law practices
  • 343 Meaning of "amount recovered" on a claim

Division 10 - Costs in civil claims where no reasonable prospects of success

  • 344 Application of Division
  • 345 Law practice not to act unless there are reasonable prospects of success
  • 346 Preliminary legal work not affected
  • 347 Restrictions on commencing proceedings without reasonable prospects of success
  • 348 Costs order against law practice acting without reasonable prospects of success
  • 349 Onus of showing facts provided reasonable prospects of success

Division 11 - Costs assessment

Subdivision 1 - Applications
  • 349A Definition
  • 350 Application by client or third party payers for costs assessment
  • 351 Application for costs assessment by law practice retaining another law practice
  • 352 Application for costs assessment by law practice giving bill
  • 353 Application for assessment of party/party costs
  • 354 How to make an application for costs assessment
  • 355 Consequences of application
  • 356 Persons to be notified of application
  • 356A Regulations
  • Subdivision 2 - Assessment
  • 357 Referral of matters to costs assessors
  • 358 Costs assessor may require documents or further particulars
  • 359 Consideration of applications by costs assessors
  • 360. (Repealed)
  • 361 Assessment of costs by reference to costs agreement
  • 362 Costs fixed by regulations or other legislation
  • 363 Criteria for costs assessment
  • 363A Interest on amount outstanding
  • Subdivision 3 - Party/party costs
  • 364 Assessment of costs--costs ordered by court or tribunal
  • 365 Effect of costs agreements in assessments of party/party costs
  • 366 Court or tribunal may determine matters
  • Subdivision 4 - Determinations
  • 367 Determinations of costs assessments
  • 367A Determinations of costs assessments for party/party costs
  • 368 Certificate as to determination
  • 369 Costs of costs assessment
  • 370 Reasons for determination
  • 371 Correction of error in determination
  • 372 Determination to be final
  • Subdivision 5 - Review of determination by panel
  • 373 Application by party for review of determination
  • 373A Application by Manager for review of determination of costs of costs assessment
  • 374 Referral of application to panel
  • 375 General functions of panel in relation to review application
  • 376 Relevant documents to be produced to panel
  • 377 Effect of review on costs assessor's determination
  • 378 Certificate as to determination of panel
  • 379 Recovery of costs of review
  • 380 Reasons for determination
  • 381 Correction of error in determination
  • 382 Appeal against determination of panel
  • 383 Regulations
  • Subdivision 6 - Appeals
  • 384 Appeal against decision of costs assessor as to matter of law
  • 385 Appeal against decision of costs assessor by leave
  • 386 Effect of appeal on application
  • 387 Assessor can be party to appeal
  • 388 Notices of appeal
  • 389 Court may refer unreviewed determination to review panel
  • Subdivision 7 - General
  • 390 Costs assessors
  • 391 Protection from liability
  • 392 Confidentiality
  • 393 Referral for disciplinary action
  • 394 Rules of procedure for applications
  • 395 Division not to apply to interest on judgment debt
  • 395A Contracting out of Division by sophisticated clients

Division 12 - Miscellaneous

PART 3.3 - PROFESSIONAL INDEMNITY INSURANCE

Division 1 - Preliminary

Division 2 - Barristers

Division 3 - Solicitors

PART 3.4 - FIDELITY COVER

Division 1 - Preliminary

  • 418 Purpose
  • 419 Definitions
  • 420 Time of default
  • 421 Application of this Part

Division 2 - Fidelity Fund

Division 3 - Contributions and levies

  • 430 Contributions
  • 431 Levies
  • 432 Failure to pay contribution or levy

Division 4 - Defaults to which this Part applies

  • 433 Meaning of "relevant jurisdiction"
  • 434 Defaults to which this Part applies
  • 435 Defaults relating to financial services or investments

Division 5 - Claims about defaults

  • 436 Claims about defaults
  • 437 Time limit for making claims
  • 438 Advertisements
  • 439 Time limit for making claims following advertisement
  • 440 Claims not affected by certain matters
  • 441 Advance payments

Division 6 - Determination of claims

  • 442 Determination of claims
  • 443 Claimant required to pursue claims etc
  • 444 Maximum amount allowable
  • 445 Costs
  • 446 Interest
  • 447 Reduction of claim because of other benefits
  • 448 Subrogation
  • 449 Repayment of certain amounts
  • 450 Notification of delay in making decision
  • 451 Notification of decision
  • 452 Appeal against decision on claim
  • 453 Appeal against failure to determine claim
  • 454 Court proceedings

Division 7 - Payments from Fidelity Fund for defaults

Division 8 - Claims by law practices or associates

Division 9 - Defaults involving interstate elements

  • 460 Concerted interstate defaults
  • 461 Defaults involving interstate elements where committed by one associate only

Division 10 - Inter-jurisdictional provisions

  • 462 Protocols
  • 463 Forwarding of claims
  • 464 Investigation of defaults to which this Part applies
  • 465 Investigation of defaults to which a corresponding law applies
  • 466 Investigation of concerted interstate defaults and other defaults involving interstate elements
  • 467 Recommendations by Law Society Council to corresponding authorities
  • 468 Recommendations to and decisions by Law Society Council after receiving recommendations from corresponding authorities
  • 469 Request to another jurisdiction to investigate aspects of claim
  • 470 Request from another jurisdiction to investigate aspects of claim
  • 471 Co-operation with other authorities

Division 11 - Miscellaneous

PART 3.5 - MORTGAGE PRACTICES AND MANAGED INVESTMENT SCHEMES

Division 1 - Preliminary

Division 2 - Mortgage practices

Division 3 - Managed investment schemes

Division 4 - Transitional arrangements--pre-existing mortgages

Division 5 - Miscellaneous

CHAPTER 4 - COMPLAINTS AND DISCIPLINE

PART 4.1 - PRELIMINARY AND APPLICATION

Division 1 - Preliminary

Division 2 - Application

  • 499 Practitioners to whom this Chapter applies
  • 500 Application of Chapter to lawyers, former lawyers and former practitioners
  • 501 Conduct to which this Chapter applies--generally
  • 502 Conduct to which this Chapter applies--insolvency, serious offences and tax offences

PART 4.2 - COMPLAINTS ABOUT AUSTRALIAN LEGAL PRACTITIONERS

  • 503 Complaints
  • 504 Making of complaints
  • 505 To whom complaint made
  • 506 Complaints made over 3 years after conduct concerned
  • 507 Further information and verification
  • 508 Practitioner to be notified of complaint
  • 509 Submissions by practitioner
  • 510 Preliminary assessment
  • 511 Summary dismissal of complaints
  • 512 Withdrawal of complaints
  • 513 Referral of complaints to Council

PART 4.3 - MEDIATION

  • 514 Definition
  • 515 Mediation of complaint involving consumer dispute solely
  • 516 Mediation of hybrid complaint
  • 517 Compulsory mediation of consumer dispute
  • 518 Facilitation of mediation
  • 519 Nature of mediation
  • 520 Mediators
  • 521 Certificate of failure of mediation
  • 522 Confidentiality of mediation process
  • 523 Recommendation for investigation
  • 524 Protection from liability

PART 4.4 - INVESTIGATION OF COMPLAINTS

PART 4.5 - DECISION OF COMMISSIONER OR COUNCIL

  • 537 Decision of Commissioner or Council after investigation
  • 538 Decision of Commissioner or Council without investigation
  • 539 Dismissal of complaint
  • 540 Summary conclusion of complaint procedure by caution, reprimand, compensation order or imposition of conditions
  • 541 Record of decision
  • 542 Reasons to be provided to complainant and practitioner

PART 4.6 - REVIEW OF COUNCILS' DECISIONS

PART 4.7 - IMMEDIATE SUSPENSION OF LOCAL PRACTISING CERTIFICATE

PART 4.8 - PROCEEDINGS IN TRIBUNAL

  • 551 Commencement of proceedings
  • 552 Time for commencing proceedings
  • 553 Hearings
  • 554 Joinder
  • 555 Variation of disciplinary application
  • 556 Nature of allegations
  • 557 Substitution of applicant
  • 558-560. (Repealed)
  • 561 Procedural lapses and defects in appointments
  • 562 Determinations of Tribunal
  • 563 Interlocutory and interim orders
  • 564 Consent orders
  • 565 Compliance with determinations and orders
  • 566. (Repealed)
  • 567 Notification of progress and result of proceedings before Tribunal
  • 568 Early termination of proceedings before Tribunal
  • 569 Other remedies not affected

PART 4.9 - COMPENSATION

  • 570 Request by complainant for compensation order
  • 571 Compensation orders
  • 572 Prerequisites to making of compensation orders
  • 573 Making of compensation orders
  • 574 Enforcement of compensation orders
  • 575 Other remedies not affected

PART 4.10 - PUBLICISING DISCIPLINARY ACTION

  • 576 Definitions
  • 577 Register of Disciplinary Action
  • 578 Other means of publicising disciplinary action
  • 579 Quashing of disciplinary action
  • 580 Liability for publicising disciplinary action
  • 581 Disciplinary action taken where infirmity, injury or illness is involved
  • 582 Effect of secrecy provisions and non-disclosure orders

PART 4.11 - INTER-JURISDICTIONAL PROVISIONS

PART 4.12 - MISCELLANEOUS

  • 590 Jurisdiction of Supreme Court
  • 591 Rules of procedural fairness
  • 592 Duty to deal with complaints efficiently and expeditiously
  • 593 Information about complaints procedure
  • 594 Co-operation and information sharing between Commissioner and Councils
  • 595 Pre-complaint powers where client is denied access to documents
  • 596 Failure to comply with orders
  • 597 Performance criteria
  • 598 Reports to Attorney General
  • 599 Conditions imposed under this Chapter
  • 600 Effect of other proceedings
  • 601 Protection from liability
  • 602 Non-compellability of certain witnesses
  • 603 Confidentiality of client communications
  • 604 Waiver of privilege or duty of confidentiality
  • 605 Undertakings by Commissioner or Council regarding privileged or confidential information
  • 606, 607. (Repealed)
  • 608 Undertakings by practitioner
  • 609 Investigations not related to complaints under this Chapter

CHAPTER 5 - EXTERNAL INTERVENTION

PART 5.1 - PRELIMINARY

PART 5.2 - INITIATION OF EXTERNAL INTERVENTION

  • 615 Circumstances warranting external intervention
  • 616 Determination regarding external intervention

PART 5.3 - SUPERVISORS

  • 617 Appointment of supervisor
  • 618 Notice of appointment
  • 619 Effect of service of notice of appointment
  • 620 Role of supervisor of trust money
  • 621 Records of and dealing with trust money of law practice under supervision
  • 622 Termination of supervisor's appointment

PART 5.4 - MANAGERS

  • 623 Appointment of manager
  • 624 Notice of appointment
  • 625 Effect of service of notice
  • 626 Role of manager
  • 627 Records and accounts of law practice under management and dealings with trust money
  • 628 Deceased estates
  • 629 Termination of manager's appointment

PART 5.5 - RECEIVERS

  • 630 Appointment of receiver
  • 631 Notice of appointment
  • 632 Effect of service of notice
  • 633 Role of receiver
  • 634 Records and accounts of law practice under receivership and dealings with trust money
  • 635 Power of receiver to take possession of regulated property
  • 636 Power of receiver to take delivery of regulated property
  • 637 Power of receiver to deal with regulated property
  • 638 Power of receiver to require documents or information
  • 639 Examinations
  • 640 Lien for costs on regulated property
  • 641 Regulated property not to be attached
  • 642 Recovery of regulated property where there has been a breach of trust etc
  • 643 Improperly destroying property etc
  • 644 Deceased estates
  • 645 Termination of receiver's appointment

PART 5.6 - GENERAL

  • 646 Conditions on appointment of external intervener
  • 647 Status of acts of external intervener
  • 648 Eligibility for reappointment or authorisation
  • 649 Appeal against appointment
  • 650 Directions of Supreme Court
  • 650A Manager and receiver appointed for law practice
  • 651 ADI disclosure requirements
  • 652 Fees, legal costs and expenses
  • 653 Reports by external intervener
  • 654 Report to Commissioner of disciplinary matters
  • 655 Confidentiality
  • 656 Protection from liability

CHAPTER 6 - PROVISIONS RELATING TO INVESTIGATIONS

PART 6.1 - PRELIMINARY

  • 657 Primary purpose of Chapter
  • 658 Definitions

PART 6.2 - REQUIREMENTS RELATING TO DOCUMENTS, INFORMATION AND OTHER ASSISTANCE

PART 6.3 - ENTRY AND SEARCH OF PREMISES

PART 6.4 - ADDITIONAL POWERS IN RELATION TO INCORPORATED LEGAL PRACTICES

  • 665 Application of Part
  • 666 Powers relating to investigations and audits to which this Part applies
  • 667 Examination of persons
  • 668 Inspection of books
  • 669 Power to hold hearings

PART 6.5 - MISCELLANEOUS

CHAPTER 7 - REGULATORY AUTHORITIES

PART 7.1 - LEGAL PROFESSION ADMISSION BOARD

PART 7.2 - (Repealed)

None

PART 7.3 - LEGAL SERVICES COMMISSIONER

PART 7.4 - PROFESSIONAL BODIES

Division 1 - Bar Association

Division 2 - Law Society

Division 3 - Annual reports

PART 7.5 - LEGAL PROFESSION RULES

Division 1 - Preliminary

Division 2 - Rules

Division 3 - Procedure for making rules

Division 4 - General provisions

CHAPTER 8 - GENERAL PROVISIONS

  • 718 Delegation
  • 719 Liability of principals
  • 720 Injunctions
  • 721 Disclosure of information by local regulatory authorities
  • 722 Confidentiality of personal information
  • 722A Protection of applications for referral for pro bono legal services
  • 723 Unlawful disclosure of information
  • 724 Professional privilege or duty of confidence does not affect validity of or compliance with certain requirements
  • 725 Secrecy provisions do not apply after 30 years
  • 726 Privilege of lawyers as officers of Supreme Court
  • 727 Service of notices on practitioners
  • 728 Supreme Court may order delivery up of documents etc
  • 729 Contempt of the Supreme Court
  • 729A. (Repealed)
  • 730 Protection from liability
  • 730A Duty to report suspected offences
  • 731 Offences
  • 732 Proof of certain matters not required
  • 733 Evidentiary certificates
  • 734 Approved forms
  • 735, 736. (Repealed)
  • 737 Savings, transitional and other provisions
  • 738 Regulations
  • 739 Review of Act
  • Schedule 1 (Repealed)

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