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New South Wales Repealed Regulations

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LEGAL PROFESSION REGULATION 2005

- Made under the Legal Profession Act 2004 - As at 1 July 2015 - Reg 455 of 2005

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Regulation
  • 2 Commencement
  • 3 Definitions
  • 4 Meaning of "excluded offence"

PART 2 - INTERPRETATION--PART 1.2 OF THE ACT

  • 5 Definition of "corresponding law"--section 4 of the Act
    • 6. (Repealed)
  • 7 Default determination of associate's home jurisdiction--section 8 of the Act

PART 3 - RESERVATION OF LEGAL WORK AND LEGAL TITLES--PART 2.2 OF THE ACT

  • 8 Presumptions about taking or using name, title or description--section 16 of the Act
  • 8A Prohibition on engaging in legal practice when not entitled--section 14 of the Act

PART 4 - ADMISSION OF LOCAL LAWYERS--PART 2.3 OF THE ACT

  • 9 Agreed admission standards--section 24 of the Act
  • 10 Roll of local lawyers--section 32 of the Act

PART 5 - LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS--PART 2.4 OF THE ACT

Division 1 - General matters

  • 10A Application for grant of local practising certificate by prescribed classes of lawyers--section 45 of the Act
  • 11 Manner of application for local practising certificate--section 46 of the Act
  • 12 Timing of application for renewal of local practising certificate--section 47 of the Act
  • 13 Completion of periods of supervised legal practice--sections 53 and 102 of the Act
  • 14 Surrender of local practising certificate--section 79 of the Act
  • 15 Fee for practising certificate for barristers--section 91 of the Act
  • 16 Fee for practising certificate for solicitors--section 91 of the Act
  • 17 Late fee--sections 92 and 92A of the Act
    • 18. (Repealed)
  • 19 Protocols--section 104 of the Act
  • 20 Register of local practising certificates--section 106 of the Act
  • 21 Notification of change in particulars
  • 22 Application for practising certificate by Crown Solicitor requires report by Auditor-General
  • 22A Australian Government Solicitor--section 114 of the Act

Division 2 - Promotion of personal injury legal services

Subdivision 1 - Preliminary
  • 23 Definitions
    • Subdivision 2 - Advertising by barristers and solicitors
  • 24 Restriction on advertising personal injury services
  • 25 Exception for certain advertisements by community legal centres
  • 26 Exception for advertising specialty
  • 27 Other exceptions
  • 28 Responsibility for employees and others
  • 29 Responsibility for advertisements published by others
  • 30 Double jeopardy
  • 31 Transitional provisions
    • Subdivision 3 - Advertising by persons other than barristers and solicitors
  • 32 Application of Subdivision
  • 33 Definition of "personal injury advertisement"
  • 34 Restrictions on personal injury advertisements
  • 35 Exception for advertisements about domestic violence and discrimination--community legal centres
  • 36 Exception for advertising specialty
  • 37 Other exceptions
  • 38 Protection of publishers
  • 39 Double jeopardy
  • 40 Transitional provisions

PART 6 - INCORPORATED LEGAL PRACTICES AND MULTI-DISCIPLINARY PARTNERSHIPS--PART 2.6 OF THE ACT

  • 41 Exempt corporations--section 134 of the Act
  • 41A Prohibition on conduct of managed investment scheme by incorporated legal practice--section 135 (2) of the Act
  • 42 Notice of termination of provision of legal services--section 139 of the Act
  • 43 Disqualifications and prohibitions--sections 153, 154 and 179 of the Act

PART 7 - LEGAL PRACTICE BY FOREIGN LAWYERS--PART 2.7 OF THE ACT

  • 44 Scope of practice--section 188 of the Act
  • 45 Trust money and trust accounts--section 195 of the Act
  • 46 Professional indemnity insurance--section 196 of the Act
  • 47 Fidelity cover (contributions)--section 197 of the Act
  • 48 Fidelity Fund (levies)--section 197 of the Act
  • 49 Fidelity Fund (failure to pay contribution or levy)--section 197 of the Act
  • 50 Locally registered foreign lawyers not covered by Fidelity Fund
    • 51. (Repealed)
  • 52 Register of locally registered foreign lawyers--section 232 of the Act

PART 8 - TRUST MONEY AND TRUST ACCOUNTS--PART 3.1 OF THE ACT

Division 1 - Preliminary

  • 53 Operation of this Part
  • 54 Definitions

Division 2 - Computerised accounting systems

  • 55 Application of Division
  • 56 Copies of trust records to be printed
  • 57 Chronological record of information to be made
  • 58 Requirements regarding computer accounting systems
  • 59 Back-ups

Division 3 - General trust accounts

  • 60 Establishment of general trust account
  • 61 Receipting of trust money
  • 62 Deposit records for trust money
  • 63 Direction for non-deposit of trust money in general trust account
    • 64. (Repealed)
  • 65 Payment by cheque
  • 66 Payment by electronic funds transfer
  • 67 Recording transactions in trust account cash books
  • 68 Trust account receipts cash book
  • 69 Trust account payments cash book
  • 70 Recording transactions in trust ledger accounts
  • 71 Journal transfers
  • 72 Reconciliation of trust records
  • 73 Trust ledger account in name of law practice or legal practitioner associate
  • 74 Notification requirements regarding general trust accounts

Division 4 - Controlled money

  • 75 Maintenance of controlled money accounts--section 256 (4) of the Act
  • 76 Receipt of controlled money
  • 77 Deposit of controlled money--section 256 (5) of the Act
  • 78 Withdrawal of controlled money must be authorised
    • 79. (Repealed)
  • 80 Register of controlled money

Division 5 - Transit money

  • 81 Information to be recorded about transit money--section 257 of the Act

Division 6 - Trust money generally

  • 82 Trust account statements
  • 83 Trust account statements for sophisticated clients
  • 84 Register of investments
  • 85 Trust money subject to specific powers--section 258 of the Act
  • 86 Register of powers and estates in relation to trust money
    • 87. (Repealed)
  • 88 Withdrawing trust money for legal costs--section 261 (1) (b) of the Act
  • 89 Keeping of trust records--section 264 of the Act
  • 90 Keeping other records and information
  • 91 Statements regarding receipt or holding of trust money

Division 7 - External examinations

  • 92 Requirement for external examinations
  • 93 Appointment of designated persons--sections 274 and 275 of the Act
  • 94 Prescribed form for law practice ceasing to be authorised to receive trust money or engage in legal practice--section 275 (3) (b) of the Act
  • 95 Report on external examiner's examination--section 277 of the Act

Division 8 - Statutory deposits and Public Purpose Fund

  • 96 Deposit of trust funds with Law Society
  • 97 Amount of deposit
  • 98 Time for deposit
  • 99 Applicable period
  • 100 Accounts to be kept by Law Society
  • 101 Transitional provision: payment of Law Society liabilities under section 110 of the old Act

Division 9 - Miscellaneous

  • 102 Protocols--section 247 of the Act
  • 103 Law practice closing down, closing office or ceasing to receive or hold trust money
  • 104 Conditions on approval of ADIs--section 280 (2) of the Act
  • 105 Information to be provided to Law Society Council--section 299 of the Act
  • 106 Crown Solicitor's Trust Account
  • 106A Receipt of trust money by barrister (section 252 of the Act)--exclusion under section 246 (3) of the Act
  • 107 Exemptions
  • 108 Transitional provision: former approved ADIs

PART 9 - COSTS DISCLOSURE AND ASSESSMENT--PART 3.2 OF THE ACT

Division 1 - General

  • 109 When does a matter have a substantial connection with this jurisdiction--section 307 of the Act
  • 109A Disclosure of costs to clients (form)--section 309 (3) of the Act
  • 110 Exceptions to requirement for disclosure--section 312 (1) (f) of the Act
  • 110A Interest on unpaid legal costs--section 321 (4) (b) of the Act
  • 110B Costs agreement with associated third party payer--section 322 (6) of the Act
  • 111 Giving of bill by email--section 332 (5) (f) of the Act
  • 111A Notification of client's rights--section 333 (4) of the Act
  • 111B Contents of itemised bill

Division 2 - Costs fixed by regulations--Division 6 of Part 3.2 of the Act

  • 112 Prescribed costs for recovery of certain debts and enforcement of certain judgments--sections 329 (1) (c) and (d) and 330 (1) of the Act
  • 113 Prescribed costs for services in workers compensation matters--section 329 (1) (a) and (f) of the Act
  • 114 Prescribed costs for probate and administration matters--section 329 (1) (e) of the Act
  • 115 GST may be added to costs

Division 3 - Costs in personal injury damages matters-- Division 9 of Part 3.2 of the Act

  • 116 Disclosure requirements regarding costs agreements--section 339 of the Act
  • 117 Disclosure requirements regarding offers of compromise--section 340 of the Act

Division 4 - Costs in civil claims where no reasonable prospects of success--Division 10 of Part 3.2 of the Act

  • 118 Court documentation--section 347 of the Act

Division 5 - Costs assessment--Division 11 of Part 3.2 of the Act

Subdivision 1 - Assessments (other than party/party costs)
  • 119 Application of Subdivision
  • 120 Approved forms
  • 121 How to make an application for costs assessment--section 354 (1) of the Act
  • 122 Procedure before application for assessment of bill referred to assessor
    • Subdivision 2 - Assessments (party/party costs)
  • 123 Application of Subdivision
  • 124 How to make an application for assessment of party/party costs--section 354 (1) of the Act
  • 125 Procedure before application for assessment of party/party costs
  • 126 Determination of costs of party/party costs assessment--section 369 (3) (b) of the Act
    • Subdivision 3 - Assessments (general)
  • 127 Information relating to assessment of costs
  • 128 Certificate of determination of costs and statement of reasons--section 370 of the Act
  • 129 Circumstances in which assessor may not refuse to issue certificate--section 368 of the Act
  • 130 Reference of applications to assessors
    • Subdivision 4 - Reviews
  • 131 Application for review of determination--section 373 (2) of the Act
  • 132 Delivery of application for review and related documents
  • 133 Copy of certificate of determination to be given to Manager, Costs Assessment
  • 134 Statement of reasons--section 380 of the Act
  • 135 Circumstances in which panel may not refuse to issue certificate in respect of determination of review--section 378 of the Act
  • 136 Determination of costs of review--section 379 (1) of the Act
  • 137 Qualifications for membership of panels
  • 138 Reference of applications to costs review panels
    • Subdivision 5 - Miscellaneous
  • 139 Applications by Commissioner or Council for assessment of costs during investigation of complaints

PART 10 - FIDELITY COVER--PART 3.4 OF THE ACT

  • 140 Solicitors exempt from contributions--section 430 of the Act
  • 141 Notice of levy--section 432 of the Act
  • 142 Protocols--section 462 of the Act
  • 143 Interstate legal practitioner becoming authorised to withdraw from local trust account: notification--section 472 (1) (a) of the Act
  • 144 Interstate legal practitioner becoming authorised to withdraw from local trust account: contributions--section 472 (1) (b) of the Act
  • 145 Application of Part 3.4 of the Act to multidisciplinary partnerships--section 474 of the Act
  • 146 Transitional provision: liabilities under the former Fidelity Fund

PART 11 - MORTGAGE PRACTICES AND MANAGED INVESTMENT SCHEMES--PART 3.5 OF THE ACT

  • 147 Definitions
  • 148 Application of Part
  • 149 Authority to secure by regulated mortgage
  • 150 Loan applications
  • 151 Identity of borrower
  • 152 Independent advice
  • 153 Insurance of secured property
  • 154 Registration of mortgages
  • 155 Summary of mortgage
  • 156 Investments register
  • 157 Investment restrictions
  • 158 Valuation
  • 159 Appointment of accountant
  • 160 Notification of State regulated mortgages to Law Society Council--section 481 (1) of the Act
  • 161 Mortgage held by nominee
  • 162 Mortgagee solicitor's nominee company
  • 163 Dealing with money through trust account
  • 164 Notice of variation of mortgage
  • 165 Additional or substituted contributions
  • 166 Declaration of trust
  • 167 Retention of documents
  • 168 Practicability of completion of summary of mortgage and investments register
  • 169 Default procedures
  • 170 Run-out mortgages
  • 171 Managed investment schemes
  • 172 Certain mortgages not regulated mortgages

PART 12 - COMPLAINTS AND DISCIPLINE--CHAPTER 4 OF THE ACT

  • 173 Register of Disciplinary Action--section 577 (2) (e) of the Act
  • 174 Pre-complaint powers where client is denied access to documents--section 595 (3) (b) of the Act

PART 13 - MISCELLANEOUS PROVISIONS

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