Queensland Consolidated Acts

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

Legal Profession Act 2007


TABLE OF PROVISIONS

           Contents

           Chapter 1--Introduction

           Part 1.1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Main purposes

           Part 1.2--Interpretation

           Division 1--Dictionary

   4.      Definitions

           Division 2--Meaning of various terms

   5.      Terms relating to lawyers
   6.      Terms relating to legal practitioners
   7.      Terms relating to associates and principals of law practices
   8.      Home jurisdiction
   9.      Suitability matters
   10.     Information notices
   11.     References to convictions for offences
   12.     Meaning of government legal officer and engaged in government work and related matters

           Division 3--Jurisdiction of Supreme Court and related matters

   13.     Inherent jurisdiction of Supreme Court
   14.     Jurisdiction of Supreme Court
   15.     Appeal period for appeal to Supreme Court
   16.     Hearing and deciding particular action without a jury

           Division 4--Other interpretation matters

   17.     Notes in text may indicate difference to language in corresponding law
   18.     Timing for doing things
   19.     Grounds that are reasonable in the circumstances
   20.     References to parts in this Act

           Chapter 2--General requirements for engaging in legal practice

           Part 2.1--Preliminary

   21.     Simplified overview of ch 2

           Part 2.2--Reservation of legal work

           Division 1--Preliminary

   22.     Main purposes for pt 2.2
   23.     Part does not apply to a person if authorised under a Commonwealth law or a government legal officer

           Division 2--Prohibitions

   24.     Prohibition on engaging in legal practice when not entitled
   25.     Prohibition on representing or advertising entitlement to engage in legal practice when not entitled
   26.     Associates who are disqualified or convicted persons

           Division 3--General

   27.     Professional discipline

           Part 2.3--Admission of local lawyers

           Division 1--Preliminary

   28.     Main purposes of pt 2.3
   29.     Definitions for pt 2.3

           Division 2--Eligibility and suitability for admission

   30.     Eligibility for admission to the legal profession under this Act
   31.     Suitability for admission
   32.     Early consideration of suitability
   33.     Involvement of tribunal and Supreme Court

           Division 3--Admission to the legal profession under this Act

   34.     Application for admission to the legal profession
   35.     Role of Supreme Court relating to application for admission
   36.     Conditions
   37.     Roll of persons admitted to the legal profession as a lawyer
   38.     Local lawyer is officer of Supreme Court

           Division 4--Powers and functions of board

   39.     Role of the board relating to application for admission
   40.     Consideration of applicant's eligibility and suitability

           Division 5--Miscellaneous

   41.     Board may appear before Supreme Court
   42.     Fees payable

           Part 2.4--Legal practice by Australian legal practitioners

           Division 1--Preliminary

   43.     Main purposes of pt 2.4

           Division 2--Legal practice in this jurisdiction by Australian legal practitioners

   44.     Entitlement to practise in this jurisdiction

           Division 3--Local practising certificates generally

   45.     Local practising certificates generally
   46.     Suitability to hold local practising certificate
   47.     Duration of local practising certificates
   48.     Local legal practitioner is officer of Supreme Court

           Division 4--Grant or renewal of local practising certificates

   49.     Application for grant or renewal of local practising certificate
   50.     Manner of application
   51.     Grant or renewal of local practising certificate

           Division 5--Conditions on local practising certificates

   52.     Conditions generally
   53.     Conditions imposed by law society or bar association
   54.     Applications relating to conditions
   55.     Statutory condition regarding conditions imposed on interstate admission
   56.     Statutory condition regarding practice as solicitor
   57.     Statutory condition regarding notification of offence
   58.     Compliance with conditions

           Division 6--Amendment, suspension or cancellation of local practising certificates

   59.     Application of this division
   60.     Grounds for amending, suspending or cancelling a local practising certificate
   61.     Amending, suspending or cancelling a local practising certificate
   62.     Operation of amendment, suspension or cancellation of local practising certificate
   63.     Immediate amendment or suspension of local practising certificate
   64.     Removal from local roll
   65.     Consensual amendment or cancellation etc.
   66.     Relationship of div 6 with ch 6

           Division 7--Special powers in relation to local practising certificates—show cause events

   67.     Application for local practising certificate if show cause event happened after first admission
   68.     Requirement if show cause event
   69.     Refusal, amendment, suspension or cancellation of local practising certificate because of failure to show cause
   70.     Restriction on making further application
   71.     Relationship of div 7 with ch 6

           Division 8--Further provisions relating to local practising certificate

   72.     Surrender and cancellation of local practising certificate
   73.     Return of local practising certificate

           Division 9--Interstate legal practitioners

   74.     Requirement for interstate practising certificate and professional indemnity insurance
   75.     Extent of entitlement of interstate legal practitioner to practise in this jurisdiction
   76.     Additional condition on interstate legal practitioner engaging in legal practice in this jurisdiction
   77.     Special provision about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction
   78.     Interstate legal practitioner is officer of Supreme Court

           Division 10--Miscellaneous

   79.     Protocols
   80.     Consideration of applicant for local practising certificate and certificate holder
   81.     Register of local practising certificates
   82.     Supreme Court orders about conditions
   83.     Regulatory authority may charge reasonable fees

           Part 2.5--Suitability reports

           Division 1--Preliminary

   84.     Main purpose of pt 2.5
   85.     Definitions for pt 2.5

           Division 2--Police reports

   86.     Relevant authority may ask for police report

           Division 3--Health assessments

   87.     Health assessment
   88.     Appointment of health assessor
   89.     Health assessment report
   90.     Payment for health assessment and report
   91.     Use of health assessment report

           Division 4--General

   92.     Confidentiality of suitability report
   93.     Operation of pt 2.5

           Part 2.6--Inter-jurisdictional provisions regarding admission and practising certificates

           Division 1--Preliminary

   94.     Main purpose of pt 2.6
   95.     Relationship of this part with ch 4

           Division 2--Notifications to be given by local authorities to interstate authorities

   96.     Notification to other jurisdictions about application for admission
   97.     Notification to other jurisdictions about removal from local roll
   98.     Law society and bar association to notify other jurisdictions about particular matters

           Division 3--Notifications to be given by lawyers to local authorities

   99.     Lawyer to give notice of removal in another jurisdiction
   100.    Lawyer to give notice of interstate orders
   101.    Lawyer to give notice of foreign regulatory action
   102.    Provisions relating to requirement to notify

           Division 4--Taking of action by local authorities in response to notifications received

   103.    Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction
   104.    Peremptory cancellation of local practising certificate following removal of name from interstate roll
   105.    Show cause procedure for removal of lawyer's name from local roll following foreign regulatory action
   106.    Show cause procedure for cancellation of local practising certificate following foreign regulatory action
   107.    Order for non-removal of name or non-cancellation of local practising certificate
   108.    Local authority may give information to other local authority

           Part 2.7--Incorporated legal practices and multi-disciplinary partnerships

           Division 1--Preliminary

   109.    Main purposes of pt 2.7
   110.    Definitions for pt 2.7

           Division 2--Incorporated legal practices providing legal services

   111.    Nature of incorporated legal practice
   112.    Non-legal services and businesses of incorporated legal practices
   113.    Corporations eligible to be incorporated legal practices
   114.    Notice of intention to start providing legal services
   115.    Prohibition on corporations or directors etc. representing that corporation is incorporated legal practice
   116.    Notice of termination of provision of legal services

           Division 3--Legal practitioner directors, and other legal practitioners employed by incorporated legal practices

   117.    Incorporated legal practice must have legal practitioner director
   118.    Obligations of legal practitioner director relating to misconduct
   119.    Incorporated legal practice without legal practitioner director
   120.    Obligations and privileges of an Australian legal practitioner who is an officer or employee

           Division 4--Particular matters including application of other provisions of relevant laws

   121.    Professional indemnity insurance
   122.    Conflicts of interest
   123.    Disclosure obligations
   124.    Effect of non-disclosure on provision of particular services
   125.    Application of legal profession rules
   126.    Requirements relating to advertising
   127.    Extension to incorporated legal practice of vicarious liability relating to failure to account and dishonesty
   128.    Sharing of receipts, revenue or other income
   129.    Disqualified persons

           Division 5--Ensuring compliance with this Act by incorporated legal practices

   130.    Commissioner or law society may audit incorporated legal practice
   131.    Application of chapter 6
   132.    Banning of incorporated legal practices
   133.    Disqualification from managing incorporated legal practice
   134.    Disclosure of information to the Australian Securities and Investments Commission

           Division 6--External administration

   135.    External administration proceedings under Corporations
   136.    External administration proceedings under other legislation
   137.    Incorporated legal practice that is subject to receivership under this Act and external administration under Corporations Act
   138.    Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation

           Division 7--Miscellaneous provisions relating to incorporated legal practices

   139.    Cooperation between courts
   140.    Relationship of Act to constitution of incorporated legal practice
   141.    Relationship of Act to legislation establishing incorporated legal practice
   142.    Relationship of Act to Corporations legislation and certain other instruments
   143.    Undue influence

           Division 8--Multi-disciplinary partnerships

   144.    Nature of multi-disciplinary partnership
   145.    Conduct of multi-disciplinary partnerships
   146.    Notice of intention to start practice in multi-disciplinary partnership
   147.    General obligations of legal practitioner partners
   148.    Obligations of legal practitioner partner relating to misconduct
   149.    Actions of partner who is not an Australian legal practitioner
   150.    Obligations and privileges of Australian legal practitioner who is partner or employee
   151.    Conflicts of interest
   152.    Disclosure obligations
   153.    Effect of non-disclosure on provision of particular services
   154.    Application of legal profession rules
   155.    Requirements relating to advertising
   156.    Sharing of receipts, revenue or other income
   157.    Disqualified persons
   158.    Prohibition on partnership with particular partner who is not an Australian legal practitioner
   159.    Undue influence

           Division 9--Miscellaneous

   160.    Obligations of practitioners not affected
   161.    Regulation

           Part 2.8--Legal practice by foreign lawyers

           Division 1--Preliminary

   162.    Main purpose of pt 2.8
   163.    Definitions for pt 2.8
   164.    This part does not apply to Australian legal practitioners

           Division 2--Practice of foreign law

   165.    Requirement for registration
   166.    Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction
   167.    Scope of practice
   168.    Form of practice
   169.    Application of Australian professional ethical and practice standards
   170.    Designation
   171.    Letterhead and other identifying documents
   172.    Advertising
   173.    Foreign lawyer employing Australian legal practitioner
   174.    Trust money and trust accounts
   175.    Professional indemnity insurance
   176.    Fidelity cover

           Division 3--Local registration of foreign lawyers generally

   177.    Local registration of foreign lawyers
   178.    Duration of registration
   179.    Local registered foreign lawyer is not officer of Supreme Court

           Division 4--Application for grant or renewal of local registration

   180.    Application for grant or renewal of registration
   181.    Manner of application
   182.    Requirements regarding applications for the grant or renewal of registration

           Division 5--Grant or renewal of registration

   183.    Grant or renewal of local registration
   184.    Requirement to grant or renew registration if criteria satisfied
   185.    Refusal to grant or renew registration

           Division 6--Amendment, suspension or cancellation of local registration

   186.    Application of pt 2.8, div 6
   187.    Grounds for amending, suspending or cancelling registration
   188.    Amending, suspending or cancelling registration
   189.    Operation of amendment, suspension or cancellation of registration
   190.    Other ways of amending or cancelling registration
   191.    Relationship of this division with ch 4

           Division 7--Special powers in relation to local registration—show cause events

   192.    Applicant for local registration—show cause event
   193.    Locally registered foreign lawyer—show cause event
   194.    Refusal, amendment, suspension or cancellation of local registration—failure to show cause
   195.    Restriction on making further applications
   196.    Relationship of this division with pt 4.6 and ch 6

           Division 8--Further provisions relating to local registration

   197.    Immediate suspension of registration
   198.    Surrender of local registration certificate and cancellation of registration
   199.    Automatic cancellation of registration on grant of practising certificate
   200.    Suspension or cancellation of registration not to affect disciplinary processes
   201.    Return of local registration certificate on amendment, suspension or cancellation of registration

           Division 9--Conditions on registration

   202.    Conditions generally
   203.    Conditions imposed by law society
   204.    Statutory condition regarding notification of offence
   205.    Conditions imposed by regulation
   206.    Compliance with conditions

           Division 10--Interstate-registered foreign lawyers

   207.    Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction
   208.    Additional conditions on practice of interstate-registered foreign lawyers

           Division 11--Miscellaneous

   209.    Consideration and investigation of applicants and locally registered foreign lawyers
   210.    Register of locally registered foreign lawyers
   211.    Publication of information about locally registered foreign lawyers
   212.    Supreme Court orders about conditions
   213.    Exemption by law society
   214.    Membership of professional association
   215.    Refund of fees

           Chapter 3--Conduct of legal practice

           Part 3.1--Preliminary

   216.    Simplified outline of ch 3

           Part 3.2--Manner of legal practice

           Division 1--Preliminary

   217.    Main purposes of pt 3.2
   218.    Definitions for pt 3.2

           Division 2--Rules for Australian legal practitioners and other individuals

   219.    Rules for Australian legal practitioners engaged in practice as solicitors and others
   220.    Rules for Australian legal practitioners engaged in practice in the manner of barristers
   221.    Legal profession rules may provide for application to government legal officers
   222.    Subject matter of legal profession rules
   223.    Public notice of proposed legal profession rules

           Division 3--Rules for incorporated legal practices and multi-disciplinary partnerships

   224.    Rules

           Division 4--Notice about making of legal professional rules and role of committee

   225.    Minister to give notice of solicitors and barristers rules
   226.    Monitoring role of committee

           Division 5--General provisions for legal profession rules

   227.    Binding nature of legal profession rules
   228.    Legal profession rules may prohibit practices relating to mortgage financing
   229.    Relationship of legal profession rules to this Act and regulation
   230.    Availability of rules

           Division 6--Administration rules

   231.    Rules other than legal profession rules
   232.    Indemnity rules
   233.    Relationship of administration rules to this Act and regulation
   234.    Relationship between legal profession rules and administration rules
   235.    Availability of administration rules

           Part 3.3--Trust money and trust accounts

           Division 1--Preliminary

   236.    Main purposes of pt 3.3
   237.    Definitions for pt 3.3
   238.    Money involved in financial services or investments
   239.    Decisions about status of money
   240.    Application of part to law practices and trust money
   241.    Protocols for deciding where trust money is received
   242.    When money is received
   243.    Discharge by legal practitioner associate of obligations of law practice
   244.    Liability of principals of law practice
   245.    Former practices, principals and associates
   246.    Barristers not to receive trust money

           Division 2--Trust accounts and trust money generally

   247.    Keeping general trust account
   248.    Certain trust money to be deposited in general trust account
   249.    Holding, disbursing and accounting for trust money
   250.    Withdrawing trust money from general trust account
   251.    Controlled money
   252.    Withdrawing controlled money from controlled money account
   253.    Transit money
   254.    Trust money subject to specific powers
   255.    Trust money received in the form of cash
   256.    Protection of trust money
   257.    Intermixing money
   258.    Dealing with trust money—legal costs and unclaimed money
   259.    Deficiency in trust account
   260.    Reporting certain irregularities and suspected irregularities
   261.    Keeping trust records
   262.    False names

           Division 2A--Disputes about trust money for sales of lots and proposed lots

   262A.   Application of div 2A
   262B.   When amount held for sale of lot or proposed lot may be paid

           Division 3--Investigations

   263.    Investigations
   264.    Investigator's report
   265.    When costs of investigation are debt
   266.    Law society or commissioner may give information to professional accounting association

           Division 4--External examinations

   267.    Appointment and qualifications of external examiner
   268.    Law practice must have trust records externally examined
   269.    Restriction on appointment of associates as external examiner
   270.    Law practice to give notice of external examiner
   271.    Notice if person stops being external examiner
   272.    Examination of affairs in examining trust records
   273.    Carrying out external examination
   274.    External examiner's report on external examination
   275.    External examiner to give other reports
   276.    Final examination of trust records
   277.    Law practice liable for costs of examination
   278.    Disqualification of person as external examiner
   279.    Offence about carrying on external examination

           Division 5--Provisions relating to ADIs

   280.    Approval of ADIs
   281.    ADIs not subject to certain obligations and liabilities
   282.    Reports, records and information
   287.    Arrangement with ADI

           Division 7--Miscellaneous

   292.    Restrictions on receipt of trust money
   293.    Application of Act to incorporated legal practices and multi-disciplinary partnerships
   294.    Disclosure to clients—money not received or held as trust money
   295.    Disclosure of accounts used to hold money entrusted to legal practitioners
   296.    Report about law society's functions
   297.    Report about law practice
   298.    Regulation-making power relating to trust money and trust accounts

           Part 3.4--Costs disclosure and assessment

           Division 1--Preliminary

   299.    Main purposes of pt 3.4
   300.    Definitions for pt 3.4
   301.    Terms relating to third party payers

           Division 2--Application of this part

   302.    Application of part—first instructions rule
   303.    Part also applies by agreement or at client's election
   304.    Displacement of part
   305.    How and where does a client first instruct a law practice
   306.    When does a matter have a substantial connection with this jurisdiction
   307.    What happens when different laws apply to a matter

           Division 3--Costs disclosure

   308.    Disclosure of costs to clients
   309.    Disclosure if another law practice is to be retained
   310.    How and when must disclosure be made to a client
   311.    Exceptions to requirement for disclosure
   312.    Additional disclosure—settlement of litigious matters
   313.    Additional disclosure—uplift fees
   314.    Form of disclosure
   315.    Ongoing obligation to disclose
   316.    Effect of failure to disclose
   317.    Progress reports
   318.    Disclosure to associated third party payers

           Division 4--Legal costs generally

   319.    On what basis are legal costs recoverable
   320.    Security for legal costs
   321.    Interest on unpaid legal costs

           Division 5--Costs agreements

   322.    Making costs agreements
   323.    Conditional costs agreements
   324.    Conditional costs agreements involving uplift fees
   325.    Contingency fees are prohibited
   326.    Effect of costs agreement
   327.    Particular costs agreements are void
   328.    Setting aside costs agreements

           Division 6--Billing

   329.    Legal costs can not be recovered unless bill has been served
   330.    Bills
   331.    Notification of client's rights
   332.    Request for itemised bill
   333.    Interim bills

           Division 7--Costs assessment

   334.    Definition for div 7
   335.    Application by clients or third party payers for costs assessment
   336.    Application for costs assessment by law practice retaining another law practice
   337.    Application for costs assessment by law practice giving bill
   338.    Consequences of application
   339.    Persons to be notified of application
   340.    Assessment of complying costs agreements
   341.    Criteria for assessment
   342.    Costs of assessment
   343.    Referral for disciplinary action
   344.    Contracting out of div 7 by sophisticated clients etc.

           Division 8--Speculative personal injury claims

   345.    Main purpose of div 8
   346.    Definitions for div 8
   347.    Maximum payment for conduct of speculative personal injury claim

           Division 9--Miscellaneous

   348.    Application of part to incorporated legal practices and multi-disciplinary partnerships
   349.    Imputed acts, omission or knowledge

           Part 3.5--Professional indemnity insurance

   353.    Professional indemnity insurance
   354.    Continuing obligation for professional indemnity insurance

           Part 3.6--Fidelity cover

           Division 1--Preliminary

   355.    Main purpose of pt 3.6
   356.    Definitions for pt 3.6
   357.    Application of pt 3.6
   358.    Time of default

           Division 2--Fidelity fund

   359.    Establishment of fidelity fund
   360.    Insurance
   361.    Limitation on borrowing powers of law society for fidelity fund
   362.    Fund to be kept in separate account
   363.    Moneys payable into fidelity fund
   364.    Expenditure from fund
   365.    Audit of accounts
   366.    Law society may delegate its powers in relation to the fidelity fund to a committee of management
   367.    Minister may require report about fund
   368.    Contribution to fidelity fund
   369.    Levy for benefit of fidelity fund
   370.    Law society may advance moneys from its general funds to fidelity fund

           Division 3--Defaults to which this part applies

   371.    Meaning of relevant jurisdiction
   372.    Defaults to which this part applies
   373.    Defaults relating to financial services or investments

           Division 4--Claims about defaults

   374.    Claims about defaults
   375.    Time limit for making claims
   376.    Advertisements
   377.    Time limit for making claims following advertisement
   378.    Claims not affected by certain matters
   379.    Investigation of claims
   380.    Advance payments

           Division 5--Deciding claims

   381.    Law society to decide claim
   382.    Maximum amount allowable
   383.    Costs
   384.    Interest
   385.    Reduction of claim because of other benefits
   386.    Subrogation
   387.    Proceedings brought under right of subrogation
   388.    Repayment of surplus amount
   389.    Notification of delay in making decision
   390.    Notification of decision

           Division 6--Right of action against external examiner

   391.    External examiner guilty of neglect

           Division 7--Review

   392.    Review of decision on claim
   393.    Review of failure to decide claim within 1 year
   394.    Proceedings on review

           Division 8--Payments from fidelity fund for defaults

   395.    Payments for defaults
   396.    Caps on payments
   397.    Sufficiency of fidelity fund

           Division 9--Claims by law practices or associates

   398.    Claims by law practices or associates about defaults
   399.    Claims by law practices or associates about notional defaults

           Division 10--Defaults involving interstate elements

   400.    Concerted interstate defaults
   401.    Defaults involving interstate elements if committed by 1 associate only

           Division 11--Inter-jurisdictional provisions

   402.    Protocols
   403.    Forwarding claims to corresponding authority in another jurisdiction
   404.    Investigation of defaults to which this part applies
   405.    Investigation of defaults to which a corresponding law applies
   406.    Investigation of concerted interstate defaults and other defaults involving interstate elements
   407.    Recommendations by law society to corresponding authority
   408.    Recommendations to and decisions by law society after receiving recommendations from corresponding authority
   409.    Request to another jurisdiction to investigate aspects of claim
   410.    Request from another jurisdiction to investigate aspects of claim
   411.    Cooperation with other authorities

           Division 12--Miscellaneous

   412.    Interstate legal practitioner becoming authorised to withdraw from local trust account
   413.    Application of part to incorporated legal practices
   414.    Application of part to multi-disciplinary partnerships
   415.    Application of part to Australian lawyers whose practising certificates have lapsed

           Chapter 4--Complaints and discipline

           Part 4.1--Preliminary

   416.    Main purposes of ch 4
   417.    Application of chapter to lawyers, former lawyers and former practitioners

           Part 4.2--Key concepts

   418.    Meaning of unsatisfactory professional conduct
   419.    Meaning of professional misconduct
   420.    Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
   421.    Meaning of respondent

           Part 4.3--Application of this chapter

   422.    Practitioners to whom this chapter applies
   423.    Conduct to which this chapter applies—generally
   424.    Conduct to which this chapter applies—insolvency, serious offences and tax offences
   425.    Chapter also applies to law practice employees
   426.    Chapter also extends to other persons in particular circumstances
   427.    Chapter also applies to unlawful operators

           Part 4.4--Complaints about Australian legal practitioners

   428.    Conduct about which complaint may be made
   429.    Making a complaint
   430.    Complaints made over 3 years after conduct concerned
   431.    Further information and verification
   432.    Summary dismissal of complaints
   433.    Withdrawal of complaints
   434.    Commissioner may delay dealing with complaint
   435.    Referral by commissioner to law society or bar association
   436.    Commissioner investigating a complaint or investigation matter
   437.    Australian lawyer to be notified of complaint or investigation matter
   438.    Submissions by respondent
   439.    Role of law society or bar association

           Part 4.5--Mediation for complaints involving consumer dispute

   440.    Definition for pt 4.5
   441.    Mediation of complaint involving consumer dispute solely
   442.    Mediation of hybrid complaint

           Part 4.6--Investigations

   443.    Powers for investigations
   444.    Referral of costs for assessment
   445.    Regulation may provide for covering cost of assessment under s 443 or 444
   446.    Powers of commissioner relating to complaint or investigation matter relating to unlawful operator

           Part 4.7--Decision of commissioner

   447.    Decision of commissioner to start proceeding under ch 4
   448.    Dismissal of complaint
   449.    Record of decision

           Part 4.8--General procedural matters

   450.    Duty to deal with complaints efficiently and expeditiously
   451.    Duty to inform complainant about action taken for complaint

           Part 4.9--Proceedings in disciplinary body

   452.    Starting proceeding before a disciplinary body
   453.    Hearings
   454.    Joinder by committee
   455.    Variation of discipline application
   456.    Decisions of tribunal about an Australian legal practitioner
   457.    Enforcement of orders etc.
   458.    Decisions of committee about discipline application
   459.    Orders to be filed in Supreme Court and information notices to be given to parties etc.
   460.    Interlocutory and interim orders
   461.    Compliance with decisions and orders
   462.    Costs
   462A.   Institution of proceedings by the commissioner
   463.    Other remedies not affected

           Part 4.10--Compensation orders

   464.    Meaning of compensation order
   465.    Compensation order relating to pecuniary loss
   466.    Effect of compensation order
   467.    Other remedies not affected

           Part 4.10A--Appeals from decisions of disciplinary bodies

   468.    Appeal may be made to Court of Appeal from tribunal's decision
   469.    Application to tribunal for review of committee's decision
   470.    Appeal to Court of Appeal in relation to a decision of committee

           Part 4.11--Publicising disciplinary action

   471.    Definition for pt 4.11
   472.    Discipline register
   473.    Other means of publicising disciplinary action
   474.    Quashing of disciplinary action
   475.    Liability for publicising disciplinary action
   476.    Disciplinary action taken because of infirmity, injury or illness
   477.    General provisions about disclosure of information

           Part 4.12--Inter-jurisdictional provisions

   478.    Protocols
   479.    Request to another jurisdiction to investigate complaint or investigation matter
   480.    Request from another jurisdiction to investigate complaint
   481.    Sharing of information with corresponding authorities
   482.    Cooperation with other authorities
   483.    Request for information relevant to a complaint or investigation matter
   484.    Compliance with recommendations or orders made under corresponding laws
   485.    Other powers or functions not affected

           Part 4.13--Miscellaneous

   486.    Information about complaints procedure
   487.    Protection from liability for notification of conduct or making a complaint
   488.    Failure to comply with order of a disciplinary body
   489.    Performance criteria
   490.    Annual and other reports to the Minister
   491.    Confidentiality of client communications
   492.    Waiver of legal professional privilege or benefit of duty of confidentiality

           Chapter 5--External intervention

           Part 5.1--Preliminary

   493.    Main purpose of ch 5
   494.    Definitions for ch 5
   495.    Application of ch 5
   496.    Application of chapter to other persons

           Part 5.2--Starting external interventions

   497.    Circumstances warranting external intervention
   498.    Decision regarding external intervention

           Part 5.3--Supervisors of trust money

   499.    Appointment of supervisor of trust money
   500.    Notice of appointment
   501.    Effect of service of notice of appointment
   502.    Role of supervisor of trust money
   503.    Records of law practice under supervision
   504.    Termination of supervisor's appointment

           Part 5.4--Managers

   505.    Appointment of manager
   506.    Notice of appointment
   507.    Effect of service of notice of appointment
   508.    Role of manager
   509.    Records and accounts of law practice under management
   510.    Deceased estates
   511.    Termination of manager's appointment

           Part 5.5--Receivers

   512.    Appointment of receiver
   513.    Notice of appointment
   514.    Effect of service of notice of appointment
   515.    Role of receiver
   516.    Records and accounts of law practice under receivership
   517.    Power of receiver to take possession of regulated property
   518.    Power of receiver to take delivery of regulated property
   519.    Power of receiver to deal with regulated property
   520.    Power of receiver to require documents or information
   521.    Examinations
   522.    Lien for costs on regulated property of the law practice
   523.    Regulated property of a law practice is not to be attached
   524.    Recovery of regulated property where there has been a breach of trust etc.
   525.    Improperly destroying property etc.
   526.    Deceased estates
   527.    Termination of receiver's appointment

           Part 5.6--General

   528.    Conditions on appointment of external intervener for a law practice
   529.    Status of acts of external intervener for a law practice
   530.    Eligibility for reappointment or authorisation
   531.    Appeal against appointment
   532.    Directions of Supreme Court
   533.    Manager and receiver appointed for law practice
   534.    ADI disclosure requirements
   535.    Fees, legal costs and expenses
   536.    Reports by external intervener for law practice
   537.    Confidentiality for external intervener for law practice
   538.    Provisions relating to requirements under this chapter
   539.    Obstruction of external intervener

           Chapter 6--Investigations

           Part 6.1--Preliminary

   540.    Main purpose of ch 6
   541.    Definitions for ch 6

           Part 6.2--Requirements relating to documents, information and other assistance

   542.    Requirements that may be imposed for investigations, examinations and audits under parts 3.3 and 2.7
   543.    Requirements that may be imposed for investigations under ch 4
   544.    Provisions relating to requirements under this part

           Part 6.3--Entry to places

   545.    Power to enter places
   546.    Entry with consent
   547.    Application for warrant
   548.    Issue of warrant
   549.    Application by electronic communication and duplicate warrant
   550.    Defect in relation to a warrant
   551.    Warrants—procedure before entry

           Part 6.4--Powers of investigators after entry

   552.    General powers of investigator after entering places
   553.    Power to require reasonable help or information

           Part 6.5--Power of investigators to seize evidence

   554.    Seizing evidence at place entered under s 545
   555.    Securing seized things
   556.    Tampering with seized things
   557.    Powers to support seizure
   558.    Receipt for seized things
   559.    Forfeiture of seized things
   560.    Dealing with forfeited things etc.
   561.    Return of seized things
   562.    Access to seized things

           Part 6.6--General enforcement matters

   563.    Notice of damage
   564.    Compensation
   565.    False or misleading information
   566.    False or misleading documents
   567.    Obstructing investigators
   568.    Impersonation of investigators

           Part 6.7--Provisions about investigations relating to incorporated legal practices

   569.    Definition for pt 6.7
   570.    Application of part to audits and investigations
   571.    Examination of persons
   572.    Inspection of books
   573.    Power to hold hearings
   574.    Failure to comply with investigation

           Part 6.8--Investigators

   575.    Appointment, qualifications etc. of investigators
   576.    Appointment conditions and limit on powers
   577.    Issue of identity card
   578.    Production or display of identity card
   579.    When investigator ceases to hold office
   580.    Resignation
   581.    Return of identity card

           Chapter 7--Establishment of entities for this Act, and related matters

           Part 7.1--Legal Services Commissioner

           Division 1--Preliminary

   582.    Main purposes of pt 7.1

           Division 2--Appointment

   583.    Legal Services Commissioner
   584.    Appointment
   585.    Term of appointment
   586.    Remuneration and conditions
   587.    Acting commissioner
   588.    Termination of appointment
   589.    Resignation of commissioner

           Division 3--Functions

   590.    Functions

           Division 4--Legal Services Commission

   591.    Establishment of commission
   592.    Staff and other resources
   593.    Preservation of rights if public service officer appointed or engaged
   594.    Preservation of rights if person becomes public service officer
   595.    Preservation of rights if public service officer seconded

           Division 5--Miscellaneous matters about the commissioner

   596.    Delegation
   597.    Arrangements with regulatory authority about copies of documents

           Part 7.2--Provisions about proceedings before tribunal

           Division 1--Constitution of tribunal

   598.    Constitution of tribunal

           Division 2--Panels, panel members and related matters

   599.    Panel to help the tribunal hear and decide discipline application
   607.    Establishment of panels for helping the tribunal
   608.    Appointment of panel members
   609.    Remuneration and appointment conditions of panel members
   610.    Termination of appointment
   611.    Resignation of members
   612.    Disclosure of interests
   613.    Protection of panel members

           Part 7.3--Legal Practice Committee

           Division 1--Preliminary

   619.    Main purpose of pt 7.3
   620.    Definitions for pt 7.3

           Division 2--Establishment, membership of committee, functions and powers

   621.    Establishment of committee
   622.    Committee members
   623.    Term of appointment
   624.    Functions and powers of committee
   625.    Administrative support

           Division 3--Provisions about committee members

   626.    Eligibility for membership
   627.    Termination of office
   628.    Resignation of committee member
   629.    Deputy chairperson
   630.    Remuneration and allowances of lay members

           Division 4--Provisions about committee performing advisory functions

   631.    Application of pt 7.3, div 4
   632.    Conduct of business
   633.    Time and place of meeting
   634.    Quorum
   635.    Presiding at meetings
   636.    Conduct of meetings
   637.    Minutes
   638.    Disclosure of interests

           Division 5--Provisions applying to committee for hearings

   639.    Constitution of committee for hearing
   640.    Conduct of committee for hearing and deciding discipline applications
   641.    Disclosure of interests
   642.    Protection of members etc.

           Part 7.4--Other provisions applying to committee for discipline applications

           Division 1--Parties to proceedings before committee

   643.    Parties

           Division 2--Conduct of proceedings

   644.    Public hearings
   645.    Procedure for hearing by committee
   646.    Recording evidence
   647.    Committee may proceed in absence of party or may adjourn hearing
   648.    Matter may be decided on affidavit evidence
   649.    Standard of proof
   650.    Prohibited publication about hearing of a disciplinary application

           Division 3--Powers of committee

   651.    Power to disregard procedural lapses
   652.    Directions for hearings
   653.    Attendance notice
   654.    Authentication of documents

           Division 4--Offences

   655.    False or misleading information
   656.    False or misleading documents

           Part 7.4A--Provisions applying to tribunal for discipline applications

   656A.   Application of pt 7.4A
   656B.   Entitlement to appear at hearing
   656C.   Standard of proof
   656D.   Prohibited publication about hearing of a discipline application
   656E.   Power to disregard procedural lapses

           Part 7.5--Legal Practitioners Admissions Board

           Division 1--Preliminary

   657.    Main purpose of pt 7.5
   658.    Definitions for pt 7.5

           Division 2--Establishment and membership of board

   659.    Establishment of board
   660.    Members of board

           Division 3--Board's functions and powers

   661.    Functions and powers of board etc.
   662.    Administrative support and legal services
   662A.   Australian legal practitioner does not breach practising certificate by providing legal service to board

           Division 4--Provisions about board members

   663.    Term of appointment
   664.    Chairperson and deputy chairperson
   665.    Eligibility for membership
   666.    Termination of appointment
   667.    Resignation of board member

           Division 5--Board business

   668.    Conduct of business
   669.    Times and places of meetings
   670.    Quorum
   671.    Presiding at meetings
   672.    Conduct of meetings
   673.    Minutes
   674.    Disclosure of interests

           Division 6--Miscellaneous

   675.    Delegation
   676.    Application of particular Acts to board

           Part 7.6--Queensland Law Society Incorporated

           Division 1--Preliminary

   677.    Main purpose of pt 7.6
   678.    Definitions for pt 7.6

           Division 2--Constitution and related matters about the law society

   679.    Establishment of Queensland Law Society
   680.    Functions of the law society
   681.    General powers of the law society
   682.    Status of the law society because of its establishment in Act
   683.    Delegation

           Division 3--Membership of law society

   684.    Membership of law society

           Division 4--Council and its membership and officers of the law society

   685.    Council of the law society
   686.    President, deputy president and vice-president of the law society
   687.    Dealing with casual vacancy
   688.    No defect because of vacancy
   689.    Secretary and other staff of the law society

           Division 5--Council meetings

   690.    Conduct of business at meetings
   691.    Presiding at meetings
   692.    Quorum
   693.    Conduct of council meetings
   694.    Minutes
   695.    Disclosure of interest

           Division 6--Law society may make rules

   696.    Rules
   697.    Notice by Minister about law society making rules
   698.    Availability of society rules

           Division 7--Miscellaneous

   699.    Starting proceedings
   700.    Recovery of unpaid amount

           Chapter 8--General

           Part 8.1--General provisions

           Division 1--Liabilities, injunctions, protection of information etc.

   701.    Liability of principals
   703.    Injunctions
   704.    Disclosure of information by commissioner, regulatory authorities and other entities
   705.    Confidentiality of personal information
   706.    Duty of relevant entities to report suspected offences
   707.    Protection from liability

           Division 2--Offences, starting proceedings and evidentiary and other matters

   708.    Offences are summary offences
   709.    Limitation on time for starting summary proceeding
   710.    Appointments and authority
   711.    Signatures
   712.    Evidentiary aids—documents
   713.    Dealing with particular trust money and trust property

           Part 8.2--Machinery provisions

   714.    Approved forms
   715.    Regulation-making power

           Chapter 9--Transitional, savings and repeal provisions for Legal Profession Act 2007

           Part 9.1--Purposes, definitions and general approach

   716.    Main purposes of ch 9
   717.    Definitions for ch 9
   718.    Authorised actions and documents etc. under previous provision
   719.    Things continued in force under Legal Profession Act 2004
   720.    Terminology in things mentioned in s 718(1)
   721.    Period stated in previous provision
   722.    Period or date stated in document given under previous provision
   723.    Acts Interpretation Act 1954, s 20 not limited

           Part 9.2--Transitional provisions relating to chapter 2

   724.    Act or omission happening before commencement may be relevant to proceeding for particular acts or omissions
   725.    Examples for ch 2 of things under s 718

           Part 9.3--Transitional provisions relating to chapter 3

           Division 1--Examples for chapter 3

   726.    Examples for ch 3 of things under s 718

           Division 2--Matters dealt with in part 3.3

   727.    Continued application of Trust Accounts Act 1973
   728.    Provision about application of s 268
   729.    Provision about application of s 270
   730.    Provision about application of s 276
   731.    Provision about application of s 278

           Division 3--Matters dealt with in part 3.4
           Subdivision 1--Preliminary

   732.    Definitions for pt 9.3, div 3
   733.    General application of pt 3.4
           Subdivision 2--Client agreements
   734.    Client agreements may be entered into despite pt 3.4
   735.    Application of part 3.4 to client agreements etc.
   736.    Failure to comply with Queensland Law Society Act 1952 after commencement and before relevant day
           Subdivision 3--Billing
   737.    Application of pt 3.4, div 6
           Subdivision 4--Costs assessments
   738.    All costs assessments to be under pt 3.4, div 7
   739.    Costs assessment started before commencement

           Division 4--Matters dealt with in part 3.6

   740.    Amounts payable to and from the fidelity fund before commencement
   741.    Delegation to committee of management before commencement
   742.    Claims for acts or omissions happening before commencement
   743.    Reference in s 377 to previous sections
   744.    Right of subrogation to continue despite repeal
   745.    Payments for defaults under previous ch 2, pt 7

           Part 9.4--Transitional provisions relating to chapter 4

   746.    Examples for ch 4 of things under s 718

           Part 9.5--Transitional provisions relating to chapter 5

   747.    Examples for ch 5 of things under s 718

           Part 9.6--Transitional provisions relating to chapter 6

   748.    Examples for ch 6 of things under s 718

           Part 9.7--Transitional provisions relating to chapter 7

   749.    Examples for ch 7 of things under s 718

           Part 9.8--Transitional provisions relating to chapter 8

   750.    Examples for ch 8 of things under s 718

           Part 9.10--Repeal of the Legal Profession Act 2004

   752.    Repeal of Legal Profession Act 2004

           Part 9.11--Provisions relating to Trust Accounts Act 1973

   753.    Definitions for pt 9.11
   754.    Trust accounts and trust moneys under Trust Accounts Act
   755.    Accounting and other records
   756.    Dealing with particular trust moneys
   757.    Provision about particular auditors and audits
   758.    Continuing application of Trust Accounts Act, s 5
   759.    Continuing application of Trust Accounts Act, ss 12 and 13
   760.    Continuing application of Trust Accounts Act, s 14(2) and (3)
   761.    Continuing application of Trust Accounts Act, ss 15 and 16
   762.    Continuing application of Trust Accounts Act, s 17
   763.    Continuing application of Trust Accounts Act, s 19
   764.    Continuing application of Trust Accounts Act, s 28A
   765.    Continuing application of Trust Accounts Act, s 30
   766.    Continuing application of Trust Accounts Act, s 33

           Part 9.12--Repeal of Queensland Law Society Act 1952

   767.    Repeal of the Queensland Law Society Act 1952
   768.    Transitional provision about examination of accounts under Queensland Law Society Act 1952
   769.    Another transitional provision for repeal of Queensland Law Society Act 1952

           Chapter 10--Other transitional provisions

           Part 2--Transitional provisions for QCAT Amendment Act

   772.    Definitions for pt 2
   773.    Acts Interpretation Act 1954, section 20 not limited
   774.    Particular court decisions continue
   775.    Particular notification giving requirement continues
   776.    Particular orders taken to be orders of QCAT
   777.    Authentication of documents continues

           Part 3--Transitional provision for Justice and Other Legislation Amendment Act 2010

   778.    Amended definition of previous admission rules

           Part 4--Transitional provisions for Justice and Other Legislation Amendment Act 2013

   779.    Application of amendments made by Justice and Other Legislation Amendment Act 2013
   780.    Amendment of regulation by Justice and Other Legislation Amendment Act 2013

           Part 5--Transitional provisions for the Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016

   781.    Existing approved ADIs
   782.    Existing arrangements with ADIs
   783.    Closure of Legal Practitioner Interest on Trust Accounts Fund

           Part 6--Transitional provisions for Court and Civil Legislation Amendment Act 2017

   784.    Application of s 9(1) and additional obligation to disclose suitability matter
   785.    Application of amended show cause event definition and additional obligation to give notice and statement
           SCHEDULE 2--DICTIONARY


[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]