LEGAL PROFESSION ACT 2007 - SECT 107 Order for non-removal of name or non-cancellation of local practising certificate

LEGAL PROFESSION ACT 2007 - SECT 107

107 Order for non-removal of name or non-cancellation of local practising certificate

(1) If an Australian lawyer reasonably expects his or her name will be removed from an interstate roll or foreign regulatory action will be taken against him or her, the lawyer may apply to the Supreme Court for either or both of the following—

(a) an order that his or her name not be removed from the local roll under section 103 or 105 ;

(b) an order that his or her local practising certificate not be cancelled under section 104 or 106 .

(2) The Supreme Court—

(a) may make the order or orders applied for if satisfied about each of the following—

(i) the Australian lawyer’s name is likely to be removed from the interstate roll or the foreign regulatory action is likely to be taken;

(ii) the reason for the removal of the name, or the taking of the foreign regulatory action, will not involve disciplinary action or the possibility of disciplinary action; or

(b) may refuse to make an order.

(3) An order under this section may be made subject to any conditions the Supreme Court considers appropriate and remains in force for the period stated in it.

(4) The Supreme Court may revoke an order made under this section.

(5) If the Supreme Court revokes an order made under this section, to the extent relevant, when the revocation takes effect the other provisions of this division apply as if the Australian lawyer’s name were removed from the interstate roll or the foreign regulatory action were taken.

(6) Nothing in this section affects action being taken in relation to the Australian lawyer under other provisions of this Act.