Queensland Consolidated Regulations

LEGAL PROFESSION REGULATION 2007

TABLE OF PROVISIONS

           Contents
           Part 1.1 Preliminary
   1.      Short title
   2.      Commencement
           Part 1.2 Interpretation
   3.      Definitions
   4.      Default decision of associate's home jurisdiction
   5.      Agencies for definition of government legal officer
           Part 2.2 Reservation of legal work
   6.      Prescription of legal practice relating to prohibition on engaging in legal practice when not entitled
           Part 2.3 Admission of local lawyers
   7.      Fee to be charged by the board
           Part 2.4 Legal practice by Australian legal practitioners
   8.      Completion of periods of supervised legal practice
   9.      Register of local practising certificates
           Part 2.7 Incorporated legal practices and multidisciplinary partnerships
   10.     Nature of incorporated legal practices
   11.     Prohibition on conduct of managed investment scheme by incorporated legal practice
   12.     Notice of termination of provision of legal services
   13.     Disqualifications and prohibitions
           Part 2.8 Legal practice by foreign lawyers
   14.     Scope of practice
   15.     Trust money and trust accounts
   16.     Application of pt 3.6 of the Act to particular locally registered foreign lawyers
   17.     Locally registered foreign lawyers not covered by fidelity fund
   18.     Fees for application for grant or renewal of registration as foreign lawyer
   19.     Application for local registration—show cause event
   20.     Statutory condition regarding notification of offence
   21.     Register of locally registered foreign lawyers
   22.     Refund of fees
           Part 3.2 Manner of legal practice
   23.     Government legal officers and application of legal profession rules
   24.     Prohibition on law practice and its associates acting as real estate agents for related transactions
   25.     Relationship of administration rules to regulation
           Part 3.3 Trust money and trust accounts

           Division 1--Trust money and trust accounts

   26.     Operation of div 1
   27.     Definitions for div 1
   28.     Application of ss 29-32
   29.     Copies of trust records to be printed
   30.     Chronological record of information to be made
   31.     Requirements regarding computer accounting systems
   32.     Backups
   33.     Establishment of general trust account—Act, s 247
   34.     Receipting of trust money
   35.     Deposit records for trust money
   36.     Direction for non-deposit of trust money in general trust account
   37.     Payment by cheque
   38.     Payment by electronic funds transfer
   39.     Recording transactions in trust account cash books
   40.     Trust account receipts cash book
   41.     Trust account payments cash book
   42.     Recording transactions in trust ledger accounts
   43.     Journal transfers
   44.     Reconciliation of trust records
   45.     Trust ledger account in name of law practice or legal practitioner associate
   46.     Notification requirements regarding general trust accounts
   47.     Keeping controlled money accounts
   48.     Receipt of controlled money
   49.     Deposit of controlled money
   50.     Withdrawal of controlled money must be authorised
   51.     Register of controlled money
   52.     Information to be recorded about transit money
   53.     Trust account statements
   54.     Trust account statements for sophisticated clients
   55.     Register of investments
   56.     Trust money subject to specific powers
   57.     Register of powers and estates in relation to trust money
   58.     Withdrawing trust money for legal costs
   59.     Keeping of trust records
   60.     Keeping other records and information
   61.     Statements regarding receipt or holding of trust money
   62.     Requirement for external examinations
   63.     Law practice closing down, closing office or ceasing to receive or hold trust money
   64.     Law society or commissioner may give information to professional accounting association
   65.     Appointment and qualifications of external examiner
   66.     Approved forms to be used in carrying out external examination
   67.     Chief executive ensuring compliance relating to trust accounts

           Division 2--Prescribed accounts

   68.     Purposes of div 2
   69.     Prescribed account
   70.     Amount required to be held in a prescribed account
   71.     Working out a law practice's trust account balance at a particular time
   72.     Law practice's prescribed account balance at a particular time
   73.     Law practice's combined balance at a particular time
   74.     Withdrawal from prescribed account to operate trust account
   75.     Requirement at start of each calendar year
   76.     Starting practice as a law practice
   77.     Chief executive ensuring compliance relating to prescribed accounts

           Division 3--Matters relating to trust money and trust accounts

   78.     Exemptions relating to stated requirement of pt 3.3
           Part 3.4 Costs disclosure and assessment
   79.     When does a matter have a substantial connection with this jurisdiction
   80.     Exceptions to requirement for disclosure
   81.     Additional disclosure—settlement of litigious matters
   82.     Interest on unpaid legal costs
           Part 3.5 Professional indemnity insurance
   83.     Requirements for professional indemnity insurance
   84.     Caps on payments
           Part 3.6 Fidelity cover
   85.     Application of pt 3.6 of the Act
   86.     Contribution to fidelity fund
   87.     Fidelity protocols
   88.     Interstate legal practitioner becoming authorised to withdraw from local trust account—notification
           Part 4.6 Investigations
   89.     Covering cost of assessment under s 443 or 444 of the Act
           Part 4.11 Publicising disciplinary action
   90.     Discipline register
           Part 5.1 Preliminary (for chapter 5 of the Act--External intervention)
   91.     Application of ch 5 of the Act, s 495

           Part 9--Transitional provisions

   92.     Transitional provision for Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2007
           SCHEDULE 1 -- FEES
           SCHEDULE 2 -- DICTIONARY
           Endnotes