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LEGAL PROFESSION REGULATION 2002

This legislation has been repealed.

LEGAL PROFESSION REGULATION 2002

- Made under the Legal Profession Act 1987
- As at 15 August 2005
- Reg 631 of 2002

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Notes

   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

   14.     Notification of establishment of office
   15.     Requirements of written notice

   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

   22.     Definitions
   23.     Exempt corporations

           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

   38.     Insurable barristers
   39.     Insurable solicitors
   40.     Provision of information relating to 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

   PART 15 - MISCELLANEOUS PROVISIONS

   141.    Discriminatory conduct (including sexual harassment) prohibited
   142.    Mandatory continuing legal education--special requirement
   142A.   Advice on and handling of documents
   143.    Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5