LEGAL PROFESSION ACT 2007 - SECT 413
Application of part to incorporated legal practices
LEGAL PROFESSION ACT 2007 - SECT 413
Application of part to incorporated legal practices
413 Application of part to incorporated legal practices
(1) A regulation may provide that stated provisions of this part, and other
provisions of this Act relating to the fidelity fund, do not apply to
incorporated legal practices or apply with stated changes.
(2) For the
application to an incorporated legal practice of the provisions of this part
and other provisions of this Act relating to the fidelity fund, a reference in
those provisions to a default of a law practice extends to a default of an
incorporated legal practice, but only if it happens in connection with the
provision of legal services.
(3) Nothing in this section affects any
obligation of an Australian legal practitioner who is an officer or employee
of an incorporated legal practice to comply with the provisions of this Act
relating to the fidelity fund.
(4) An incorporated legal practice is required
to make payments to or on account of the fidelity fund under this Act as if it
were an Australian lawyer applying for or holding a local practising
certificate from the law society.
(5) The incorporated legal practice must
not engage in legal practice in this jurisdiction if any payment is not made
by the due date and while the practice remains in default of subsection (4) .
(6) The law society may suspend the local practising certificate of a legal
practitioner director of the practice if any payment is not made by the due
date.
(7) The amounts payable to the fidelity fund by an incorporated legal
practice may be decided by reference to the total number of Australian legal
practitioners employed by the practice and other relevant matters.
