New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(Clause 143)
(1) In this Schedule:
"former", in relation to a provision of the Act, is defined in subclause (2).
"former Board" means the Legal Profession Standards Board constituted under former Part 10 of the Act.
"former Review Panel" means the Legal Profession Conduct Review Panel constituted under former Part 10 of the Act.
"former taxation principles" means any principles that were applied in the taxation of costs before 1 July 1994 (including any relevant scales and determinations).
"former taxation provisions" means the provisions of Division 5 of Part 11 of the Act as in force immediately before 1 July 1994 and any relevant rules of court as in force immediately before that date.
"former Tribunal" means the Legal Profession Disciplinary Tribunal constituted under former Part 10 of the Act.
"new", in relation to a provision of the Act, is defined in subclause (3).
"new Tribunal" means the Legal Services Tribunal constituted under new Part 10 of the Act.
"the Act" means the Legal Profession Act 1987 .
(2) A reference in this Schedule to a former provision of the Act is a reference to that provision as in force immediately before 1 July 1994.
(3) A reference in this Schedule to a new provision of the Act is a reference to that provision as in force on or after 1 July 1994.
(1) This clause and clause 3 apply in respect of a complaint made under former Part 10 of the Act.
(2) If a complaint made before 1 July 1994 has not, before that date, been the subject of proceedings before the former Board or the former Tribunal, the complaint is to be dealt with as if it had been made under new Part 10 of the Act. A matter that has been referred under former Part 10 of the Act to the former Board or the former Tribunal by a Council, but has not, by 1 July 1994, been the subject of proceedings before the former Board or former Tribunal, is taken to be a matter referred to the new Tribunal under new Part 10 of the Act.
(3) If a complaint has been made to a Council (or is the subject of a notice given to a Council by the former Review Panel under former section 140 (2) of the Act) before 1 July 1994, but the Council has made no decision in response to the complaint or notice, as the case may be, before that day, the complaint is to be dealt with by the Council as if it had been made under new Part 10 of the Act.
(4) Anything done under former Part 10 of the Act in respect of a complaint to which this clause applies is taken to have been done under new Part 10 of the Act.
(1) If a complaint is the subject of proceedings before the former Board or the former Tribunal that are pending on 1 July 1994, those proceedings may be continued before, and determined by, that Board or that Tribunal as if former Part 10 of the Act were still in force.
(2) If a complaint made under former Part 10 of the Act has (whether before, on or after 1 July 1994) been the subject of proceedings before the former Board or the former Tribunal resulting in a determination in relation to the complaint or the termination of the proceedings, any further action in respect of the complaint that is taken on or after 1 July 1994 is to be taken under new Part 10 of the Act. In that case, the determination or termination is to be treated as if it had been made under new Part 10 of the Act by the new Tribunal.Note: Examples of further action are a review of the determination, a reference of the complaint to the Tribunal or an appeal.
(3) To the extent that a complaint has been the subject of proceedings before the former Tribunal, this clause applies to the complaint whether the proceedings are in relation to the review of the determination of a complaint by the former Board or they are in relation to a complaint referred directly to the former Tribunal.
(4) A reference in this clause to a determination:(a) is a reference to a determination that continues to have effect after 30 June 1994, and(b) includes a determination that, because of this clause, is made under a provision of former Part 10 of the Act on or after 1 July 1994, and(c) includes any reprimand or order made as a result of a determination.
(1) The former Board continues in existence (as constituted immediately before 1 July 1994) for the purposes of determining any proceedings under clause 3.
(2) The provisions of former Part 10 of the Act that relate to the constitution and functions of the former Board continue to apply to the former Board while it continues in existence under this clause.
(3) The former Tribunal continues in existence (as constituted immediately before 1 July 1994) for the purposes of determining any proceedings under clause 3.
(4) The provisions of former Part 10 of the Act that relate to the constitution and functions of the former Tribunal continue to apply to the former Tribunal while it continues in existence under this clause.
(1) If an application has been made to the former Review Panel under former Part 10 of the Act for a review of a Council’s decision to dismiss a complaint, the review is to be conducted as if that Part were still in force.
(2) If the former Review Panel has made a recommendation under former Part 10 of the Act to the Attorney General in connection with a complaint, the Attorney General is to treat the recommendation as if former Part 10 of the Act were still in force (but as if a reference to the former Board or to the former Tribunal in the recommendation to the Attorney General were a reference to the new Tribunal).
(3) A reference in former section 140 (3) (b) of the Act to the referral of a matter by a Council to the former Board or the former Tribunal is taken, if the referral is made on or after 1 July 1994, to be a reference to the institution of proceedings in relation to the matter by the Council in the new Tribunal.
(4) The former Review Panel continues in existence (as constituted immediately before 1 July 1994) for the purposes of determining any review under this clause.
(5) The provisions of former Part 10 of the Act that relate to the constitution and functions of the former Review Panel continue to apply to the former Review Panel while it continues in existence under this clause.
(6) If a Council has decided to dismiss a complaint under former Part 10 of the Act, and no application has been made to the former Review Panel for a review of the decision to dismiss the complaint, but, as at 1 July 1994, the period specified in former section 137 (2) of the Act for applications for review has not passed, the complainant may apply for a review of the decision under Division 6 of new Part 10 of the Act. The application may be made at any time after 30 June 1994 and before the period of 2 months after the decision was made (or, according to former Part 10 of the Act, is deemed to have been made) has passed.
(1) An appeal to the Supreme Court under former Part 10 of the Act that has not been heard before 1 July 1994 is to be heard under new Part 10 of the Act as if it had been made to the Supreme Court under new Part 10.
(2) An appeal to the Supreme Court under former Part 10 of the Act that has been partly heard (or has been completely heard but not determined) before 1 July 1994 may continue to be heard, and may be determined, as if that Part were still in force.
(1) Division 2 of new Part 11 of the Act does not apply in respect of legal services provided by a legal practitioner on or after 1 July 1994 if the practitioner was retained to provide those services before 1 July 1994.
(2) Nothing in this clause prevents a legal practitioner from making a disclosure in accordance with that Division in respect of legal services referred to in subclause (1).
Clauses 24 and 29 do not apply in respect of legal services provided to a client by an incorporated legal practice if the solicitor who provides those services (in the capacity of an officer or employee of the incorporated legal practice) was retained by the client to provide those services before 1 July 2001 and made any disclosure required by Division 2 of Part 11 of the Act.
(1) Division 3 of new Part 11 of the Act does not apply in respect of legal services provided by a legal practitioner on or after 1 July 1994 if the practitioner was retained to provide those services before 1 July 1994.
(2) However, if Division 2 of that Part is complied with by a legal practitioner in relation to the provision of legal services, and the practitioner and the relevant client agree to the application of Division 3 of that Part in respect of those services, this clause does not prevent that application.
(1) This clause applies in respect of costs which are the subject of a bill given to a client (or which are the subject of an order of a court or tribunal made) on or after 1 July 1994.
(2) An assessment of those costs under Division 6 of new Part 11 of the Act, to the extent that the costs relate to any work done by a solicitor or barrister, or action taken, before 1 July 1994, is to be made by a costs assessor in accordance with new Part 11 of the Act. However, the former taxation principles apply to any such assessment and that Part is to be construed accordingly.
(1) This clause applies to costs which were the subject of a bill given to a client (or which were the subject of an order of a court or tribunal made) before 1 July 1994.
(2) The former taxation provisions continue to apply (and new Part 11 of the Act does not apply) in respect of costs if application is made before 1 July 1995, whether for the taxation or assessment of the costs.
(3) If, however, application is made on or after 1 July 1995 (whether for the taxation or assessment of the costs), the costs are to be assessed in accordance with new Part 11 of the Act. However, the former taxation principles apply to any such assessment and that Part is to be construed accordingly.
Anything done under section 64 of the Act in accordance with the Legal Profession Regulation 1994 before the commencement of this Regulation is taken to have been done in accordance with this Regulation.
For the purposes of clause 81 of Schedule 8 to the Act, and despite the repeal of the Legal Profession (Solicitors Corporations) Regulation 1996 , the provisions of that Regulation continue to apply to solicitor corporations to which that clause applies.
(1) Clause 44 does not affect any claim made under Part 7 of the Act before the commencement of that clause.
(2) Clause 44 does not apply to a failure to account or dishonest default that occurred before the commencement of that clause.
Subject to any other provision of this Schedule, anything that had effect under, or was done for the purposes of, a provision of the Legal Profession Regulation 1994 continues to have effect under, or is taken to have been done for the purposes of, the corresponding provision of this Regulation.
(1) In this clause:
"commencement date" means the day on which Schedule 2.1 to the amending Act commenced.
"new provisions" means clause 4 (1) of Part 3 of Schedule 2 to the Administrative Decisions Tribunal Act 1997 (as substituted by the amending Act).
"old provisions" means clause 4 (1) of Part 3 of Schedule 2 to the Administrative Decisions Tribunal Act 1997 (as in force immediately before its substitution by the amending Act).
"the amending Act" means the Legal Profession Amendment (Disciplinary Provisions) Act 2001 .
(2) Subject to subclause (4), the old provisions continue to apply in relation to proceedings in respect of a complaint that were instituted in the Administrative Decisions Tribunal before the commencement date.
(3) Subject to subclause (4), the new provisions apply only in relation to proceedings in respect of a complaint that are instituted in the Administrative Decisions Tribunal on or after the commencement date.
(4) The President of the Administrative Decisions Tribunal may determine that, for the purpose of conducting a hearing into a complaint where the relevant proceedings were instituted in the Tribunal before the commencement date, the Tribunal is to be constituted in accordance with the new provisions.
(5) The President is to make a determination under subclause (4) only if the President is of the opinion that it would be impracticable or undesirable to constitute the Tribunal in accordance with the old provisions, having regard to the length of time before which the hearing will occur or to any other matter that the President considers relevant.
(6) The amendments made to section 171F of the Act by the amending Act do not apply in relation to orders or decisions made by the Administrative Decisions Tribunal before the commencement of those amendments.
(1) Former clause 142 continues to apply to a person who, at any time during the period from 1 September 2002 to 2 April 2004, was the holder of a practising certificate required to undertake continuing legal education. However, former clause 142 continues to apply to such a person only until the end of the relevant period, in relation to the person, that started before 2 April 2004.
(2) Accordingly, any such person continues to be required to comply with former clause 142 by the end of that relevant period.
(3) If the person has not already complied with former clause 142 by 2 April 2004, then he or she has the option of either:(a) complying with former clause 142 by the end of the relevant period in relation to the person, or(b) complying with new clause 142 by the end of the relevant period in relation to the person (as if the compliance period for new clause 142 were that relevant period).
(4) In either case, the person is then taken to have complied with former clause 142.
(5) This clause does not affect the obligation of any person to whom this clause applies to comply with new clause 142 by the end of the compliance period referred to in that clause.
(6) In this clause:
"former clause 142" means clause 142, as in force immediately before its substitution by the Legal Profession Amendment Regulation 2004 .
"new clause 142" means clause 142, as substituted by the Legal Profession Amendment Regulation 2004 .
"relevant period" has the meaning given by former clause 142.
Note: Former clause 142 imposed specific continuing legal education obligations on practitioners. New clause 142 changed those obligations. This clause gives existing practitioners who have not (as at 2 April 2004) complied with former clause 142 the option of fulfilling those obligations by complying with either the new continuing legal education requirements or the former requirements by the end of the relevant period under former clause 142. Practitioners will still be required to comply with the new requirements before the end of the compliance period referred to in new clause 142.
(1) Section 29 of the Act, and the regulations under section 29, as in force before the repeal of section 29 by the amending Act, continue to apply in respect of an application for a practising certificate if the practising certificate is to have effect for a period ending before 1 July 2005. Sections 29A-29C (as inserted by the amending Act) do not apply in respect of such an application.
(2) Accordingly, the fee or fees determined by a Council and approved by the Attorney General under section 29 before the repeal of that section, and any late fee payable under that section, continue to apply in respect of any such application.Note: See also clause 92 of Schedule 8 to the Act, which provides that section 29 continues to apply in respect of practising certificates issued before the repeal of section 29.
(3) A fee for membership of the Bar Association or the Law Society may be charged under section 57M or 57MA, as inserted by the amending Act, before the commencement of those sections. However, any such fee may be charged only for membership of the Bar Association or Law Society on or after the date of commencement of Schedule 1 [32] to the amending Act.
(4) In this clause:
"amending Act" means the Legal Profession Amendment (National Competition Policy Review) Act 2002 .