LEGAL PROFESSION ACT 2007 - As at 1 March 2024 - Act 24 of 2007
- As at 1 March 2024
- Act 24 of 2007
Table of Provisions
CHAPTER 1 - INTRODUCTION
PART 1.1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Main purposes
PART 1.2 - INTERPRETATION
Division 1 - Dictionary
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
- 24A Moving applications for admission
- 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
Division 1 - Preliminary
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
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
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 Act
- 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
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
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
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
283. (Repealed)
284. (Repealed)
285. (Repealed)
286. (Repealed)
- 287 Arrangement with ADI
288. (Repealed)
289. (Repealed)
290. (Repealed)
291. (Repealed)
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
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
- 307A When disclosure is not required
- 307B Abbreviated disclosure of costs to clients
- 308 Detailed disclosure of costs to clients
- 309 Disclosure if another law practice is to be retained
- 310 When disclosure must be made
- 310A How disclosure must be made
- 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 Definition for div 8
- 347 Maximum amount law practice may charge and recover 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
350. (Repealed)
351. (Repealed)
352. (Repealed)
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
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 Reporting requirements
- 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 Limiting payments from fidelity fund to capped amount
- 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. (Repealed)
- 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 Respondent 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
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
- 539A Application of chapter
- 539B Commissioner may investigate external entity
CHAPTER 6 - INVESTIGATIONS
PART 6.1 - PRELIMINARY
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 or 5A
- 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
- 568A Extraterritorial application of chapter for particular matters
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 6A - SPECIAL INVESTIGATORS
- 581A Definitions for chapter
- 581B Reference to document includes reference to reproductions from electronic document
- 581C Appointment of special investigator
- 581D Powers of special investigators
- 581E Documents produced to special investigator
- 581F Examination of investigated entity or associated person
- 581G Self-incrimination and legal professional privilege
- 581H Failure of person to comply with requirement of special investigator
- 581I Recording of examination
- 581J Report of special investigator
- 581K Documents taken during investigation
- 581L Costs of investigation
- 581M Other offences about investigations
- 581N Evidential immunity for individuals complying with particular requirements
- 581O Extraterritorial application of chapter
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
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
Division 2 - Panels, panel members and related matters
- 599 Panel to help the tribunal hear and decide discipline application
600. (Repealed)
601. (Repealed)
602. (Repealed)
603. (Repealed)
604. (Repealed)
605. (Repealed)
606. (Repealed)
- 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
614. (Repealed)
615. (Repealed)
616. (Repealed)
617. (Repealed)
618. (Repealed)
PART 7.3 - LEGAL PRACTICE COMMITTEE
Division 1 - Preliminary
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
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
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
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
702. (Repealed)
- 703 Injunctions
- 704 Disclosure of information by commissioner, regulatory authorities and other entities
- 705 Confidentiality of 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
- 713A Destruction of client documents
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
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
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
- 751 (Expired)
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 1 - (Repealed)
PART 2 - TRANSITIONAL PROVISIONS FOR QCAT AMENDMENT ACT
PART 3 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2010
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
- 781 Existing approved ADIs
- 782 Existing arrangements with ADIs
- 783 Closure of Legal Practitioner Interest on Trust Accounts Fund
- 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
PART 7 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2020
- 786 Application of ss 9 and 46 and additional obligation to disclose suitability matters
PART 8 - TRANSITIONAL PROVISION FOR CRIMINAL CODE (CONSENT AND MISTAKE OF FACT) AND OTHER LEGISLATION AMENDMENT ACT 2021
- 787 Law society must make additional payments for claims limited under former s 396