• Specific Year
    Any

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

PART 2.3 - ADMISSION OF LOCAL LAWYERS

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

Division 6 - 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
  • 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

CHAPTER 5A - PROVISIONS FOR OFFENCES UNDER PERSONAL INJURIES PROCEEDINGS ACT 2002

  • 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

  • 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

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 9.10 - REPEAL OF THE LEGAL PROFESSION ACT 2004

PART 9.11 - PROVISIONS RELATING TO TRUST ACCOUNTS ACT 1973

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

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

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

PART 9 - TRANSITIONAL PROVISION FOR PERSONAL INJURIES PROCEEDINGS AND OTHER LEGISLATION AMENDMENT ACT 2022

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