Northern Territory Consolidated Regulations

LEGAL PROFESSION REGULATIONS

TABLE OF PROVISIONS

           Part 1.1 Preliminary matters
   1.      Citation
           Part 1.2 Interpretation
   2.      Definitions
   3.      Default determination of associate's home jurisdiction
           Part 2.1 Reservation of legal work and legal titles
   4.      Presumptions about taking or using name, title or description
           Part 2.2 Admission of local lawyers
   5.      Information on roll of persons admitted
           Part 2.3 Legal practice by Australian legal practitioners
   6.      Compliance certificate
   7.      Categories of local practising certificate
   8.      Exemption from requirement to apply for grant or renewal of practising certificate
   9.      Application for local practising certificate
   10.     Timing of application for renewal of local practising certificate
   11.     Continuing legal education
   12.     Completion of periods of supervised legal practice
   13.     Statutory condition regarding practice as a barrister
   14.     Address for notice of offence
   15.     Requirements for professional indemnity insurance for interstate legal practitioners
   16.     Register of local practising certificates
   17.     Government lawyers - general exemption from certain conditions
           Part 2.6 Incorporated legal practices and multi-disciplinary partnerships
   18.     Prohibited non-legal services and businesses of incorporated legal practice
   19.     Notice of ceasing provision of legal services
   20.     Disqualifications and prohibitions
   21.     Prohibition on conduct of managed investment scheme by incorporated legal practice
   22.     Multi-disciplinary partnership
           Part 2.7 Legal practice by foreign lawyers
   23.     Scope of practice
   24.     Trust money and trust accounts
   25.     Professional indemnity insurance
   26.     Fidelity cover
   27.     Application of Part 35 of Act
   28.     Locally-registered foreign lawyer not covered by Fidelity Fund
   29.     Application for local registration - show cause event
   30.     Register of locally-registered foreign lawyers
   31.     Refund of fees
           Part 2.8 Complying community legal centres
   32.     Complying community legal centre
           Part 3.1 Trust money and trust accounts
           Division 1 Preliminary matters
   33.     Operation of this Part 34. Definitions
   35.     Barrister receiving money on behalf of other persons
           Division 2 Computerised accounting systems
   36.     Application of Division
   37.     Copies of trust records to be printed
   38.     Chronological record of information to be made
   39.     Requirements regarding computer accounting systems
   40.     Back-ups
           Division 3 General trust accounts
   41.     Establishment of general trust account
   42.     Receipting of trust money
   43.     Deposit records for trust money
   44.     Direction for non-deposit of trust money in general trust account
   45.     Manner of withdrawal of trust money
   46.     Payment by cheque
   47.     Payment by electronic funds transfer
   48.     Recording transactions in trust account cash books
   49.     Trust account receipts cash book
   50.     Trust account payments cash book
   51.     Recording transactions in trust ledger accounts
   52.     Journal transfers
   53.     Reconciliation of trust records
   54.     Trust ledger account in name of law practice or legal practitioner associate
   55.     Notification requirements regarding general trust accounts
           Division 4 Controlled money
   56.     Maintenance of controlled money accounts
   57.     Receipt of controlled money
   58.     Deposit of controlled money
   59.     Manner of withdrawal of controlled money
   60.     Withdrawal of controlled money must be authorised
   61.     Register of controlled money
           Division 5 Transit money
   62.     Information to be recorded about transit money
           Division 6 Trust money generally
   63.     Trust account statements
   64.     Trust account statements for sophisticated clients
   65.     Register of Investments
   66.     Trust money subject to specific powers
   67.     Register of powers and estates in relation to trust money
   68.     Withdrawing trust money for legal costs
   69.     Keeping of trust records
   70.     Retaining other records and information
   71.     Statements regarding receipt or holding of trust money
           Division 7 External examinations
   72.     Requirement for external examinations
   73.     Law practice closing down, closing office or ceasing to receive or hold trust money
   74.     Carrying out examination
           Division 8 Provisions relating to ADIs
   75.     Conditions on approval of ADIs
   76.     Report by ADI to Law Society
           Division 9 Miscellaneous matters
   77.     Disclosure of accounts used to hold money entrusted to legal practitioners
   78.     Exemptions
           Part 3.2 Advertising legal services for personal injury claims
   79.     Exemptions from the application of Part 32 of the Act
   80.     Prescribed persons for section 288(2)(b) of the Act
           Part 3.3 Costs disclosure and assessment
   80A.    When does matter have substantial connection with this jurisdiction
   80B.    Disclosure of costs to clients - form
   80C.    Exceptions to requirement for disclosure
   80D.    Interest on unpaid legal costs
   80E.    Reference to client
   80F.    Proceedings for conditional costs agreement
   80G.    Notice of client's rights - form
   80H.    Application for costs assessment
   80J.    Circumstance in which assessor may not refuse to issue certificate
   80K.    Supplementary information for certificate of determination - sections 345 and 346 of Act
   80L.    Application for review of determination
   80M.    Circumstance in which availability of certificate not contingent on payment of reviewer's costs
   80N.    Supplementary information for certificate of determination - section 357 of Act
           Part 3.4 Professional indemnity insurance
   81.     Exemptions
   82.     Prescribed requirements for professional indemnity insurance
           Part 3.5 Fidelity cover
   83.     Determination for funding from Fidelity Fund
   84.     Annual contributions
   85.     Levies
   86.     Caps on payment
   87.     Fidelity protocols
   88.     Interstate legal practitioner becoming authorised to withdraw from local trust account: notification
           Part 4 Complaints and discipline
   89.     Register of Disciplinary Action
           Part 7.1 Regulatory bodies
   90.     Application of
           Part 9 Miscellaneous matters
   91.     Fees, contributions and levies
           Part 10.2 transitional matters
   92.     Definition
   93.     Supervised legal practice
   94.     Local practising certificates
   95.     Notification requirements regarding general trust accounts
   96.     Members constituting Law Society
   96A.    Investigations into professional conduct
           SCHEDULE 1 Entitlement to take or use names, titles and descriptions
           SCHEDULE 2 Continuing professional development scheme
           SCHEDULE 2A Forms
           SCHEDULE 3 Fees, contributions and levies
           ENDNOTES