LEGAL PROFESSION REGULATION 2002
- Made under the Legal Profession Act 1987 - As at 15 August 2005 - Reg 631 of 2002Table of Provisions
PART 1 - PRELIMINARY
PART 2 - PRACTISING CERTIFICATES
- 5 Period for holder to apply for new certificate: sections 27 (3) and 28 (3)
- 6 Late fee: section 29C
- 6A Fee for practising certificate--barristers
- 6B Fee for practising certificate--solicitors
- 7 Information in application: section 30
- 8 Surrender of certificate
- 9 Refusal, cancellation or suspension
PART 3 - REGISTERS OF PRACTISING LEGAL PRACTITIONERS
- 10 Information included
- 11 Publication of information
- 12 Notification of change in particulars
- 13 Provision of information to Prothonotary
PART 4 - NATIONAL PRACTISING CERTIFICATES
PART 5 - FOREIGN LAWYERS
- 16 Period after which registration application is taken to be refused: section 48ZM (2)
- 17 Period during which foreign lawyer may apply for renewal of registration: section 48ZN (3)
- 18 Information in application to register or renew registration: section 48ZO (1) (b)
- 19 Cancellation of registration--time within which foreign lawyer must establish office or commercial presence: section 48ZQ (2) (d)
- 20 Scope of practice of foreign law: section 48ZS (1) (b) and (d)
- 21 Fidelity Fund contributions: sections 48ZAB and 78A
PART 6 - INCORPORATED LEGAL PRACTICES
Division 1 - Preliminary
Division 2 - Disclosures to be made with respect to legal services
- 24 Disclosures to be made with respect to legal services
Division 3 - Application of Part 6 of the Act
Note- 25 Money received by incorporated legal practice for non-legal services
- 26 Keeping of accounts: section 62
- 27 Audits
- 28 Application of section 64 of the Act to incorporated legal practices
Division 4 - Application of Part 11 of the Act
Note- 29 Solicitor directors must ensure cost disclosure requirements are complied with
- 30 Costs assessment
- 31 Liability for overcharging and misrepresentations as to costs
Division 5 - Investigation and review of incorporated legal practices
- 32 Purposes for which powers may be exercised
- 33 Examination of persons
- 34 Inspection of books
- 35 Power to hold hearings
- 36 Failure to comply with investigation or review
Division 6 - Appointment of solicitor director
- 37 Appointment of new solicitor director
PART 7 - INDEMNITY INSURANCE
PART 8 - SOLICITORS' FIDELITY FUND
- 41 Solicitors exempt from contributions: section 76 (5)
- 42 Interest on claims: section 85 (1)
- 43 Time for appeal against failure to determine claim: section 90D (3)
- 44 Multidisciplinary partnerships: section 48G
PART 9 - LEGAL FEES AND COSTS
Division 1 - Bill of costs
- 45 Particulars in bill of costs
Division 2 - Costs fixed by regulation
- 46 Prescribed costs for legal services in workers compensation matters: section 196 (1) (a)
- 47 Prescribed costs for recovery of certain debts and enforcement of certain judgments: section 196 (1) (b) and (b1)
- 48 Prescribed costs for non-legal services in workers compensation matters: section 196 (1) (c)
- 49 Prescribed costs for probate matters (non-contentious): section 196
- 50 GST may be added to costs
Division 3 - Miscellaneous
- 51 Barristers may receive costs in advance
PART 10 - COSTS ASSESSMENTS
Division 1 - Interpretation
- 51A Approved forms
Division 1A - Assessment of bill of costs (other than party/party costs)
- 52 Limitation period for applications by clients for cost assessment where bill paid or part paid
- 53 Form of, and fee for, application for assessment of bill of costs
- 54 Procedure before application for assessment of bill of costs referred to assessor
Division 2 - Assessment of party/party costs
- 55 Form of, and fee for, application for assessment of party/party costs
- 56 Procedure before application for assessment of party/party costs
- 57 Determination of costs of party/party assessment
Division 3 - Assessment of costs (general provisions)
- 58 Information relating to assessment of costs
- 59 Settlement of matter by consent
- 60 Delivery of application for assessment and related documents
- 61 Certificate of determination of costs and statement of reasons
- 62 Circumstances in which assessor may not refuse to issue certificate
- 63 Reference of applications to assessors
Division 4 - Review of costs assessments by costs review panel
- 64 Application for review by costs review panel
- 65 Settlement of review application by consent
- 66 Delivery of application for review and related documents
- 67 Copy of certificate of determination to be given to Manager, Costs Assessment
- 68 Statement of reasons
- 69 Circumstances in which costs review panel may not refuse to issue certificate in respect of determination of review
- 70 Qualification for membership of costs review panels
- 71 Reference of applications to costs review panels
PART 11 - TRUST ACCOUNTS AND CONTROLLED MONEY
Division 1 - General
- 72 Definitions
- 73 "Associate"--extended meaning
- 74 Keeping of records
- 75 Computer systems control
- 76 Money in transit
- 77 Statements of account
- 78 Receipt and withdrawal of money for costs and disbursements
Division 2 - Trust accounts
- 79 Deposits
- 80 Receipts
- 81 Payment of trust money by cheque or electronic funds transfer
- 82 Daily receipt and payment transactions
- 83 Journal
- 84 Ledger
- 85 Ledger trial balance statement
- 86 Delegation
- 87 Account in the name of a solicitor
Division 3 - Controlled money
- 88 Notice to person on whose behalf controlled money is received
- 89 Controlled Money Register
- 90 Controlled money ledger
- 91 Listing of accounts
- 92 Payment of controlled money by cheque or electronic funds transfer
- 93 Delegation
Division 4 - Accountant's report
- 94 Accountant's report to be lodged with Law Society
- 95 Check list to be provided
- 96 Duties regarding check list
- 97 Adverse or qualified reports
- 98 Cessation of practice or change in practice arrangements
- 99 Information to be provided to Law Society Council
Division 5 - Mortgage transactions
- 100 Definitions
- 101 Application of Division
- 102 Authority to secure by regulated mortgage
- 103 Loan applications
- 104 Identity of borrower
- 105 Independent advice
- 106 Insurance of secured property
- 107 Registration of mortgages
- 108 Summary of Mortgage
- 109 Investments Register
- 110 Investment restrictions
- 111 Valuation
- 112 Appointment of accountant
- 113 Notification of State regulated mortgages to Law Society Council
- 114 Mortgage held by nominee
- 115 Solicitor's nominee company
- 116 Dealing with money through trust account
- 117 Notice of variation of mortgage
- 118 Additional or substituted contributions
- 119 Declaration of trust
- 120 Retention of documents
- 121 Practicability of completion of Summary of Mortgage and Investments Register
- 122 Default procedures
- 123 Run-out mortgages
- 124 Managed investment schemes
- 125 Certain mortgages not regulated mortgages
Division 6 - Crown Solicitor
- 126 Application of Regulation to Crown Solicitor
- 127 Crown Solicitor's Trust Account
- 128 Report by Auditor-General
PART 12 - DEPOSITS WITH LAW SOCIETY
- 129 Definition
- 130 Amount of deposit: section 64
- 131 Time for deposit
PART 13 - REPORTING REQUIREMENTS
- 132 Duty to report irregularities
- 133 Duty to report offences
- 134 Duty to report bankruptcy
- 135 Show cause statements relating to bankruptcy and indictable and tax offences
- 136 Show cause statements relating to failures to notify
- 137 Failures to notify--professional misconduct and unsatisfactory professional conduct
PART 14 - PROMOTION OF PERSONAL INJURY LEGAL SERVICES
Division 1 - Preliminary
- 138 Definitions
Division 2 - Advertising by barristers and solicitors
- 139 Restriction on advertising personal injury services
- 139A Exception for advertisements about domestic violence and discrimination--community legal centres
- 140 Exception for advertising specialty
- 140A Other exceptions
- 140B Responsibility for employees and others
- 140BA Responsibility for advertisements published by others
- 140C Double jeopardy
- 140D Transitional--finalised publications
Division 3 - Advertising by persons other than barristers and solicitors
- 140E Application of Division
- 140F Definition of "personal injury advertisement"
- 140G Restrictions on personal injury advertisements
- 140H Exception for advertisements about domestic violence and discrimination--community legal centres
- 140I Exception for advertising specialty
- 140J Other exceptions
- 140K Protection of publishers
- 140L Double jeopardy
- 140M Transitional--finalised publications