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LEGAL PRACTITIONERS ACT 1981

Table of Provisions

PART 1--Preliminary

PART 2--The Law Society of South Australia

Division 1--Establishment and administration of the Society

  • 7 Incorporation and powers of Society
  • 8 Officers and employees of Society
  • 9 Council of Society
  • 10 Validation of acts of Council
  • 11 Management of Society's affairs
  • 12 Minutes of proceedings
  • 13 Society's right of audience
  • 14 Rules of Society

Division 2--The Litigation Assistance Fund

  • 14A The Litigation Assistance Fund

Division 3--Reporting obligations

  • 14AB Certain matters to be reported by Society

PART 2A--The Legal Practitioners Education and Admission Council and the Board of Examiners

Division 1--The Legal Practitioners Education and Admission Council

  • 14B Establishment of LPEAC
  • 14C Functions of LPEAC
  • 14D Conditions of membership
  • 14E Procedures of LPEAC
  • 14F Validity of acts and immunity of members
  • 14G Advisory Committees
  • 14H Annual report

Division 2--The Board of Examiners

  • 14I Establishment of Board of Examiners
  • 14J Functions of Board of Examiners
  • 14K Procedures of Board of Examiners
  • 14L Validity of acts and immunity of members

PART 3--The practice of the law

Division 1--Admission and enrolment of legal practitioners

  • 15 Entitlement to admission

Division 2--Practising certificates

Division 2A--Amendment, suspension or cancellation of practising certificates

Division 2B--Special powers in relation to practising certificates--show cause events

Division 2C--Further provisions relating to practising certificates

Division 3--Entitlement to practise etc

  • 21 Entitlement to practise
  • 22 Practising while under suspension etc
  • 23 Unlawful representation
  • 23AA Employment of disqualified person

Division 3A--Provisions relating to interstate legal practice

Division 3B--Provisions relating to community legal centres

Division 4--Provisions regulating legal practice by corporations

  • 24 Application of Schedule 1

Division 4A--Provisions regulating the practise of foreign law

  • 24A Application of Schedule 1A

Division 5--Provisions regulating trust money and trust accounts

  • 25 Application of Schedule 2

Division 6--Delivery up of legal papers

  • 39 Delivery up of legal papers

Division 7--Authority of a legal practitioner to act on behalf of a person of unsound mind

Division 8--Costs disclosure and adjudication

  • 41 Application of Schedule 3

Division 9--Appointment of supervisors and managers

  • 43A Interpretation
  • 44 Control over trust accounts of legal practitioners
  • 45 Appointment of manager
  • 46 Appeal against appointment of supervisor or manager
  • 47 Application for directions
  • 48 Remuneration etc of persons appointed to exercise powers conferred by this Division

Division 10--Restriction on practice if corporation wound up

Division 11--Right of personal representative etc to carry on legal practice

  • 50 Supreme Court may authorise personal representative etc to carry on legal practice

Division 12--Right of audience

  • 51 Right of audience

Division 13--Professional indemnity insurance scheme

  • 52 Professional indemnity insurance scheme
  • 52AA Professional indemnity insurance required by interstate practitioners etc
  • 52AAB Professional indemnity insurance where no office established in this State

Division 14--Miscellaneous

  • 52A Rules of Supreme Court may assign functions or powers

PART 4--The combined trust account and other related accounts

Division 1--The combined trust account

Division 2--The statutory interest account

  • 56 Statutory interest account

Division 3--Legal Practitioners Fidelity Fund

Division 4--Miscellaneous

  • 57A Payment of interest accruing on trust accounts
  • 58 Accounts and audit
  • 59 Power to borrow for purposes of this Part

PART 5--Claims against Fidelity Fund

PART 6--Investigations, inquiries and disciplinary proceedings

Division 1--Preliminary

Division 2--Legal Profession Conduct Commissioner

Subdivision 1--Legal Profession Conduct Commissioner

Division 3--The Legal Practitioners Disciplinary Tribunal

  • 78 Establishment of Tribunal
  • 79 Conditions of membership
  • 80 Constitution and proceedings of Tribunal
  • 81 Validity of acts of the Tribunal and immunity of its members

Division 4--Proceedings before the Tribunal

  • 82 Inquiries
  • 83 Notice of inquiry
  • 84 Powers of Tribunal
  • 84A Proceedings to be generally in public
  • 84B Tribunal's proceedings to be privileged
  • 84C Stay of proceedings
  • 85 Costs
  • 86 Appeal
  • 87 Operation of order may be suspended
  • 88 Rules of the Tribunal

Division 5--Disciplinary proceedings before the Supreme Court

Division 6--Publicising disciplinary action

  • 89B Definitions
  • 89C Register of Disciplinary Action
  • 89D Other means of publicising disciplinary action
  • 89E Quashing of disciplinary action
  • 89F Liability for publicising disciplinary action
  • 90 General

Division 6A--Provisions relating to interstate legal practice

Division 7--Annual reports

  • 90A Annual reports

Division 8--Professional mentoring agreements

PART 7--Appointment of Senior Counsel, Queen's Counsel etc

  • 91 Appointment of Senior Counsel
  • 92 Appointment of Queen's Counsel etc
  • 93 Revocation and resignation of appointments

PART 8--Miscellaneous

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