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LEGAL PROFESSION ACT 2007 - SECT 175 Professional indemnity insurance

LEGAL PROFESSION ACT 2007 - SECT 175

Professional indemnity insurance

175 Professional indemnity insurance

(1) An Australian-registered foreign lawyer must, at all times while practising foreign law in this jurisdiction, comply with 1 of the following—
(a) the foreign lawyer must have professional indemnity insurance that conforms with the requirements for professional indemnity insurance applicable for Australian legal practitioners in any jurisdiction;
(b) if the foreign lawyer does not have professional indemnity insurance that complies with paragraph (a) , the foreign lawyer—
(i) must have professional indemnity insurance that covers the practice of foreign law in this jurisdiction and that complies with the relevant requirements of a foreign law or foreign registration authority; and
(ii) if the insurance is for less than $1.5m (inclusive of defence costs), must provide a disclosure statement to each client disclosing the level of cover;
(c) if the foreign lawyer does not have professional indemnity insurance that complies with paragraph (a) or (b) , the foreign lawyer must provide a disclosure statement to each client stating that the lawyer does not have complying professional indemnity insurance.
(2) A disclosure statement must be made in writing before, or as soon as practicable after, the foreign lawyer is retained in the matter.
(3) A disclosure statement provided to a person before the foreign lawyer is retained in a matter is taken to be provided to the person as a client for the purposes of this section.
(4) A disclosure statement is not valid unless it is given under, and complies with, any applicable requirements of a regulation.