LEGAL PROFESSION ACT 2007 - SECT 701
Liability of principals
LEGAL PROFESSION ACT 2007 - SECT 701
Liability of principals
701 Liability of principals
(1) If a law practice contravenes, whether by act or omission, any provision
of this Act or a regulation imposing an obligation on the practice, each
principal of the practice is taken to have contravened the same provision,
unless the principal establishes that—
(a) the practice contravened the
provision without the knowledge actual, imputed or constructive of the
principal; or
(b) the principal was not in a position to influence the
conduct of the law practice in relation to its contravention of the provision;
or
(c) the principal, if in that position, used all due diligence to prevent
the contravention by the practice.
(2) Subsection (1) does not affect the
liability of the law practice for the contravention.
(3) A contravention of a
requirement imposed on a law practice by this Act is capable of constituting
unsatisfactory professional conduct or professional misconduct by a principal
of the practice.
