LEGAL PROFESSION ACT 2007 - SECT 311 Exceptions to requirement for disclosure

LEGAL PROFESSION ACT 2007 - SECT 311

311 Exceptions to requirement for disclosure

(1) Disclosure under section 307B , 308 or 309 (1) is not required to be made in any of the following circumstances—

(b) if—

(i) the client has received 1 or more disclosures under section 307B , 308 or 309 (1) from the law practice in the previous 12 months; and

(ii) the client has agreed in writing to waive the right to disclosure; and

(iii) a principal of the law practice decides on reasonable grounds that, having regard to the nature of the previous disclosures and the relevant circumstances, the further disclosure is not warranted;

(c) if the client is—

(i) a law practice or an Australian legal practitioner; or

(ii) a public company, a subsidiary of a public company, a large proprietary company, a foreign company, a subsidiary of a foreign company or a registered Australian body, each within the meaning of the Corporations Act ; or

(iii) a financial services licensee within the meaning of the Corporations Act ; or

(iv) a liquidator, administrator or receiver, as mentioned in the Corporations Act ; or

(v) a partnership that carries on the business of providing professional services if the partnership consists of more than 20 members or if the partnership would be a large proprietary company, within the meaning of the Corporations Act , if it were a company; or

(vi) a proprietary company, within the meaning of the Corporations Act , formed for the purpose of carrying out a joint venture, if any shareholder of the company is a person to whom disclosure of costs is not required; or

(vii) an unincorporated group of participants in a joint venture, if—

(A) 1 or more members of the group are persons to whom disclosure of costs is not required; and

(B) 1 or more members of the group (the
"relevant members" ) are persons to whom disclosure is required; and

(C) all relevant members have indicated that they waive their right to disclosure; or

(viii) a Minister of the Crown in right of a jurisdiction or the Commonwealth acting in his or her capacity as a Minister, or a government department or public authority of a jurisdiction or the Commonwealth; or

(ix) a trustee within the meaning of the Bankruptcy Act 1966 (Cwlth) , section 5 (1) , definition the trustee , paragraphs (a) to (c) ;

(d) if the legal costs or the basis on which they will be calculated have or has been agreed as a result of a tender process;

(e) if the client will not be required to pay the legal costs or they will not otherwise be recovered by the law practice;

Example of paragraph (e)—

if the law practice acts in the matter on a pro bono basis

(f) in any circumstances prescribed under a regulation.

(3) A law practice must ensure that a written record of a principal’s decision that further disclosure is not warranted as mentioned in subsection (1) (b) is made and kept with the files relating to the matter concerned.

(4) The reaching of a decision mentioned in subsection (3) otherwise than on reasonable grounds is capable of constituting unsatisfactory professional conduct or professional misconduct on the part of the principal.

(5) Nothing in this section affects or takes away from any client’s right—

(a) to progress reports under section 317 , unless section 317 (5) applies; or

(b) to obtain reasonable information from the law practice in relation to any of the matters stated in section 307B or 308 ; or

(c) to negotiate a costs agreement with a law practice and to obtain a bill from the law practice.