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This legislation has been repealed.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