LEGAL PRACTICE (AMENDMENT) BILL 1997

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LEGAL PRACTICE (AMENDMENT) BILL 1997

PARLIAMENT OF VICTORIA Legal Practice (Amendment) Act 1997 Act No. TABLE OF PROVISIONS Clause Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Definitions 2 5. New section 3A inserted 6 3A. When does a practitioner establish a practice? 6 6. Amendments to sections 4 and 5 7 7. The Register 7 8. New section 13A inserted 8 13A. Notification of changes by interstate practitioners and registered foreign practitioners 8 9. Practising certificates 9 10. Suspension and cancellation of practising certificates for insolvency 10 11. New section 34A inserted 11 34A. Expungement of record of suspension or variation under section 34 11 12. Suspension of practising certificates 12 13. Re-allocation of practitioners and firms 13 14. New Part 2A inserted to replace Division 6 of Part 2 14 PART 2A--INTERSTATE PRACTICE 14 Division 1--Preliminary 14 53. Purposes of this Part 14 Division 2--Legal practice by interstate practitioners 14 54. Status of interstate practitioners 14 55. Interstate practitioner may practise in Victoria 15 56. Notification requirements for interstate practitioners 16 57. RPA allocation 18 Division 3--Disputes, complaints and discipline 19 58. Current practitioners practising interstate 19 59. Referral of disputes and disciplinary matters to interstate regulatory authorities 20 i 531229B.I1-6/10/97

Clause Page 60. Dealing with matters referred by interstate regulatory authorities 20 61. Furnishing information 21 Division 4--Further provisions for current practitioners in relation to interstate practice 22 62. Current practitioners are subject to interstate regulatory authorities 22 63. Current practitioner receiving trust money interstate 23 63A. Current practitioner's professional indemnity insurance 23 Division 5--General 23 63B. Victorian regulatory authority may exercise powers conferred by interstate law 24 63C. Agreements and arrangements with interstate regulatory authorities 24 63D. Mutual recognition laws not affected 24 63E. Transitional 24 15. New Part 2B inserted 25 PART 2B--PRACTICE OF FOREIGN LAW 25 Division 1--Preliminary 25 63F. Purpose of this Part 25 63G. Definitions 25 63H. What is the practice of foreign law? 26 Division 2--Unqualified foreign law practice 26 63I. Prohibition on unqualified foreign law practice 27 Division 3--Registration of foreign practitioners 28 63J. Registration notice 28 63K. Fees and Fidelity Fund contributions 31 63L. Registration and RPA allocation 31 63M. Conditions 34 63N. Notification of decision 34 63O. Effect of registration and annual fee 35 63P. Suspension of registered foreign practitioner 35 63Q. Effect of suspension 37 63R. Cancellation of registration 37 63S. Application to Full Tribunal 39 63T. Appeal to Court of Appeal 41 Division 4--Practice of foreign law 41 63U. Scope of practice 41 63V. Form of practice 42 ii 531229B.I1-6/10/97

Clause Page 63W. Letterhead and other identifying documents 43 63X. Designation 43 63Y. Employment of current and interstate practitioners by foreign practitioners 45 63Z. Employment of foreign practitioners by current practitioners, interstate practitioners and firms 45 63ZA. Professional indemnity insurance 46 63ZB. Trust money 46 63ZC. Exemption by Board 46 16. Information for clients 46 17. Clerks may sign bills of costs 47 18. Disciplinary proceedings 47 19. New section 169A inserted 48 169A. Orders for costs in disputes appeals 48 20. Application of Part 5 49 21. New section 171A inserted 49 171A. Application of Part to foreign practitioners 49 22. Trust money matters 51 23. New section 178 substituted 51 178. Unqualified trust money receipt 52 24. New section 183 substituted 54 183. Annual audit of trust accounts 54 25. Fidelity Fund contributions and levies 55 26. New section 207A inserted 57 207A. Definitions 57 27. Fidelity Fund claims 58 28. Professional indemnity insurance 59 29. New section 229A inserted 60 229A. Exemption from insurance requirements 60 30. Legal Practitioners' Liability Fund and Committee 60 31. Appointment of receivers 61 32. Appointment of managers 64 33. Incorporated practitioners 64 34. RPAs 65 35. Unqualified practice and conveyancing 65 36. Funds 66 37. New sections 384A and 384B inserted 67 384A. Board may take into account previous funding 67 384B. Timing of payments and instalments 67 38. Further amendments to funding provisions 68 39. Constitution of Tribunal 69 40. New section 413A inserted 69 413A. Interim orders 69 41. Ex-gratia payments by Legal Ombudsman 69 42. Service of notices and evidentiary matters 69 43. New section 441 substituted 70 iii 531229B.I1-6/10/97

Clause Page 441. Who may prosecute offences? 70 44. Liability for negligence 71 45. Supreme Court--limitation of jurisdiction 71 46. Amendment of Schedule 2 71 47. Statute law revision 72 48. Repeal of spent provisions 72 49. Consequential amendments 72 ------------------ SCHEDULE 73 NOTES 75 iv 531229B.I1-6/10/97

PARLIAMENT OF VICTORIA A BILL to amend the Legal Practice Act 1996 and for other purposes. Legal Practice (Amendment) Act 1997 The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Legal Practice Act 1996-- (a) to make new provision for interstate 5 practitioners to engage in legal practice in Victoria and to make provision for Victorian practitioners practising interstate; (b) to regulate the practice of foreign law in Victoria by foreign lawyers; 1 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 2 Act No. (c) generally to improve the operation of the Act. 2. Commencement (1) This Act (except section 47) comes into operation 5 on the day on which it receives the Royal Assent. (2) Section 47 is deemed to have come into operation on 6 November 1996. No. 35/1996 3. Principal Act as amended by Nos In this Act, the Legal Practice Act 1996 is called 59/1996, 10 the Principal Act. 44/1997 and 48/1997. 4. Definitions In section 3(1) of the Principal Act-- (a) insert the following definitions-- ' "engage in the practice of foreign law" 15 has the meaning given in section 63H; "establish a practice" has the meaning given in section 3A; "foreign practitioner" has the meaning given in section 63G; 20 "home State"-- (a) of a current practitioner means Victoria; (b) of an interstate practitioner means-- 25 (i) in the case of a natural person, the State in which they have been admitted to legal practice or, if they have been admitted to practice in 30 more than one State, the State in which they have 2 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 4 Act No. their principal place of practice; or (ii) in the case of a body corporate, the State in which 5 they are incorporated or registered or, if they are registered in more than one State, the State in which they have their principal place of 10 practice; "interstate practising certificate" means a certificate or other form of authorisation issued by an interstate regulatory authority that confers an 15 authority to engage in legal practice in the State in which it is issued, whether-- (a) generally or of a particular type; or 20 (b) unconditionally or subject to conditions, restrictions or limitations; "interstate regulatory authority" means a person or body in another State having 25 the function conferred by law of admitting persons to legal practice, issuing interstate practising certificates to persons, making rules for engaging in legal practice or receiving 30 complaints against, investigating the conduct of, or disciplining, persons engaged in legal practice in that State; "registered foreign practitioner" has the meaning given in section 63G; 3 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 4 Act No. "State" means a State or Territory of the Commonwealth; "Victorian regulatory authority" means the Board, an RPA, the Legal 5 Ombudsman, the Tribunal or the Supreme Court;'; (b) the definitions of "home jurisdiction", "registered interstate practitioner" and "registered" are repealed; 10 (c) for the definition of "current practitioner" substitute-- ' "current practitioner" means a legal practitioner who holds a practising certificate;'; 15 (d) in the definition of "incorporated practitioner" for "a registered interstate practitioner" substitute "an interstate practitioner"; (e) for the definition of "interstate practitioner" 20 substitute-- ' "interstate practitioner" means a person-- (a) who-- (i) in the case of a natural 25 person, has been admitted to legal practice in another State; or (ii) in the case of a body corporate, has been 30 incorporated or registered under the law of another State; and (b) who holds an interstate practising certificate, or is otherwise entitled 4 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 4 Act No. to engage in legal practice in that State; and (c) who is not a current practitioner-- other than a person who is licensed in 5 another State to perform legal work in relation to conveyancing but is not entitled to engage generally in legal practice in that State;'. (f) for the definition of "legal practitioner" 10 substitute-- ' "legal practitioner" means a person admitted to legal practice in Victoria or an incorporated practitioner and includes-- 15 (a) an interstate practitioner in Parts 2B, 3, 4, 5, 9, 12 and 19; (b) an interstate practitioner who has established a practice in Victoria in Part 6 (except section 178);'; 20 (g) in the definition of "nominee mortgage" for "registered interstate practitioner" (wherever occurring) substitute "interstate practitioner"; (h) in the definition of "regulated practitioner" 25 for "registered interstate practitioner or firm" (where twice occurring) substitute "interstate practitioner, firm or registered foreign practitioner"; (i) in the definition of "trust money" for 30 "registered interstate practitioner" (where twice occurring) substitute "interstate practitioner"; 5 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 5 Act No. (j) in the definition of "trust money" at the end of paragraph (b) insert-- "or (c) money given or paid to a registered 5 foreign practitioner-- (i) in the course of engaging in the practice of foreign law for, or on behalf of, a person or body other than the practitioner; or 10 (ii) on account of legal costs in advance of legal services to be provided in the course of engaging in the practice of foreign law;". 5. New section 3A inserted 15 After section 3 of the Principal Act insert-- "3A. When does a practitioner establish a practice? (1) For the purposes of this Act and subject to sub-section (3), a current practitioner or an 20 interstate practitioner establishes a practice in a State other than their home State when the practitioner first offers and provides legal services to the public in that State. (2) For the purposes of this Act and subject to 25 sub-section (3), a foreign practitioner establishes a practice in Victoria when the practitioner first offers and provides legal services to the public in Victoria. (3) A practitioner is not to be taken to establish a 30 practice in a State-- (a) if the practitioner provides legal services in that State to one client only; or 6 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 6 Act No. (b) if the practitioner provides legal services in that State only in connection with one transaction or a series of associated transactions.". 5 6. Amendments to sections 4 and 5 In the Principal Act-- (a) in section 4(1) for "registered interstate practitioner" substitute "interstate practitioner"; 10 (b) in section 4(2)-- (i) for "or registered interstate practitioner" substitute ", interstate practitioner or registered foreign practitioner"; 15 (ii) after "Victoria" insert "(or, in the case of a registered foreign practitioner, in the course of or in connection with engaging in the practice of foreign law in Victoria)"; 20 (iii) in paragraph (b) for "or interstate practitioner" substitute ", interstate practitioner or foreign practitioner"; (c) in section 4(3)(b) for "or interstate practitioner" substitute ", interstate 25 practitioner or foreign practitioner"; (d) in section 5 for "registered interstate practitioner" substitute "interstate practitioner, registered foreign practitioner". 7. The Register 30 (1) In section 9(1) of the Principal Act for "and registered interstate practitioners" substitute ", interstate practitioners and registered foreign practitioners". 7 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 8 Act No. (2) In section 9 of the Principal Act, for sub-section (6) substitute-- "(6) The following information must be included on the Register in respect of each interstate 5 practitioner who gives notice to the Board under section 56-- (a) the information specified in section 56(2); and (b) the RPA to which the practitioner has 10 been allocated or, if they have been allocated to the Board, that fact; and (c) any other condition, restriction or limitation to which the practitioner is subject in respect of their legal practice; 15 and (d) the prescribed information (if any). (7) The following information must be included on the Register in respect of each registered foreign practitioner-- 20 (a) the information specified in section 63L(6); and (b) any other condition, restriction or limitation to which the practitioner is subject in respect of their practice of 25 foreign law; and (c) the prescribed information (if any).". (3) In section 13(1) of the Principal Act omit "or registered interstate practitioner". 8. New section 13A inserted 30 After section 13 of the Principal Act insert-- "13A. Notification of changes by interstate practitioners and registered foreign practitioners 8 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 9 Act No. (1) An interstate practitioner who engages in legal practice in Victoria must notify the Board of any change to any of the particulars on the Register in respect of the practitioner 5 (other than a re-allocation of the practitioner) within 14 days after becoming aware of the change. (2) If an interstate practitioner who has ceased to engage in legal practice in Victoria re- 10 commences to engage in legal practice in Victoria, the practitioner must notify the Board of any change to any of the particulars on the Register in respect of the practitioner (other than a re-allocation of the practitioner) 15 within 14 days after that re-commencement. (3) A registered foreign practitioner must notify the Board of any change to any of the particulars on the Register in respect of the practitioner (other than a re-allocation of the 20 practitioner) within 28 days after becoming aware of the change. (4) If the Board approves a form of notice for the purposes of this section, a notice under sub-section (1), (2) or (3) must be in that 25 form. (5) Sub-section (1) or (2) does not apply to an interstate practitioner if an interstate regulatory authority has notified the Board of the change.". 30 9. Practising certificates (1) In section 20(2) of the Principal Act after "issues" insert "or varies". (2) In section 21 of the Principal Act for sub-section (3) substitute-- 9 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 10 Act No. "(3) If an application by a current practitioner for a practising certificate has not been finally determined before the end of the calendar year in which it was made, the practising 5 certificate already held by the practitioner remains in force, unless suspended or cancelled sooner, until the application has been finally determined. (4) For the purposes of sub-section (3), an 10 application is finally determined-- (a) by the issue of a new practising certificate to the applicant; or (b) by the exhaustion of all rights of appeal in relation to a refusal to issue a new 15 practising certificate to the applicant.". (3) After section 30(3)(e) of the Principal Act insert-- "(f) may make any other order the Tribunal thinks fit.". 20 (4) After section 33(3) of the Principal Act insert-- "(4) If a practising certificate is surrendered under sub-section (2), the Board may refund the whole or part of the fee paid for the certificate, as determined by the Board, to 25 the practitioner.". 10. Suspension and cancellation of practising certificates for insolvency (1) In section 34 of the Principal Act-- (a) in sub-section (1) for "cancel" substitute 30 "suspend"; (b) in sub-section (2)-- (i) for "cancelled" substitute "suspended"; (ii) for "cancel" substitute "suspend"; 10 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 11 Act No. (c) in sub-section (3) for "cancellation" substitute "suspension"; (d) in sub-section (4)-- (i) for "cancels" substitute "suspends"; 5 (ii) for "cancellation" substitute "suspension". (2) After section 34(4) of the Principal Act insert-- "(5) Section 40 does not apply to a suspension under this section. 10 (6) If an RPA or the Board that has varied the conditions of a practising certificate under this section is satisfied that the grounds for variation do not or no longer exist, the RPA or the Board must vary the conditions back 15 (so that the practitioner is authorised to receive trust money) immediately by giving written notice to the practitioner. 1 (7) No fee is payable by a practitioner for a variation back under sub-section (6). 20 (8) An RPA that varies a condition back under sub-section (6) must also give written notice to the Board.". 11. New section 34A inserted After section 34 of the Principal Act insert-- 25 "34A. Expungement of record of suspension or variation under section 34 (1) If-- (a) a suspension of a practitioner's practising certificate under section 34 is 30 lifted; or 11 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 12 Act No. (b) a practitioner's practising certificate is varied back under section 34(6)-- the practitioner may apply to the Full Tribunal for an order that the Board expunge 5 the record of the suspension or original variation from the Register. (2) On an application under sub-section (1), the Full Tribunal, if satisfied that it is appropriate to do so, may order that the 10 Board expunge the record of the suspension or original variation from the Register.". 12. Suspension of practising certificates (1) In section 37 of the Principal Act, for sub-section (4) substitute-- 15 "(4) An RPA or the Board must give written notice of a suspension under this section to the practitioner.". (2) After section 37(5) of the Principal Act insert-- "(6) Subject to sub-section (7) and section 40, a 20 suspension under this section takes effect 14 days after the day notice is given under sub- section (4). (7) An RPA or the Board may determine that a suspension take effect immediately notice is 25 given under sub-section (4) if satisfied that immediate suspension is necessary-- (a) for the protection of the practitioner's clients or members of the public generally; or 30 (b) to protect the integrity of the legal profession or the administration of justice.". (3) After section 40(2)(e) of the Principal Act insert-- 12 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 13 Act No. "(f) may make any other order the Tribunal thinks fit.". 13. Re-allocation of practitioners and firms (1) In the Principal Act-- 5 (a) in the heading to Division 5 of Part 2 omit "legal"; (b) in section 42(1) for "regulated practitioner" (where secondly occurring) substitute "incorporated practitioner"; 10 (c) in section 43(2) after "legal practitioner" insert ", interstate practitioner and registered foreign practitioner (if any)"; (d) in section 44(1) for "or corporate practitioner" substitute ", corporate 15 practitioner, interstate practitioner or registered foreign practitioner". (2) After section 44(2) of the Principal Act insert-- "(3) Sub-section (1) does not apply in the case of an interstate practitioner or registered foreign 20 practitioner who is a partner or an employee of a firm or an employee of an incorporated practitioner.". (3) In the Principal Act-- (a) in section 46(1) after "legal practitioner" 25 insert ", interstate practitioner, registered foreign practitioner"; (b) in section 49(1)-- (i) after "(being a natural person)" insert ", an interstate practitioner or a 30 registered foreign practitioner"; (ii) for "him or her" substitute "them"; 13 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. (c) in section 49(3) for "he or she intends" substitute "they intend"; (d) in section 50(1) for "him or her" substitute "them"; 5 (e) in section 51(1) and (2) after "legal practitioner" insert ", interstate practitioner, registered foreign practitioner". 14. New Part 2A inserted to replace Division 6 of Part 2 For Division 6 of Part 2 of the Principal Act 10 substitute-- "PART 2A--INTERSTATE PRACTICE Division 1--Preliminary 53. Purposes of this Part The main purposes of this Part are-- 15 (a) to allow interstate practitioners to engage in legal practice in Victoria without having to be admitted in Victoria or obtain Victorian practising certificates; and 20 (b) to recognise disciplinary action taken against current practitioners by interstate authorities. Division 2--Legal practice by interstate practitioners2 25 54. Status of interstate practitioners (1) An interstate practitioner who engages in legal practice in Victoria is an officer of the Supreme Court and is subject to the Court's jurisdiction as such. 14 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. (2) Sub-section (1) confers on an interstate practitioner the same rights and privileges and imposes on the practitioner the same duties as are conferred and imposed on a 5 legal practitioner as an officer of the Supreme Court. 55. Interstate practitioner may practise in Victoria (1) An interstate practitioner is entitled to 10 engage in legal practice in Victoria, subject to this Act, in accordance with the terms of the practitioner's entitlement to practise in their home State. (2) In so doing, the practitioner-- 15 (a) must comply with this Act and the regulations and with any other Act that relates to legal practice; and (b) must comply with the practice rules of the Victorian regulatory authority to 20 which they have been allocated; and (c) is subject to any condition, limitation or restriction imposed on the practitioner in respect of their practice by a Victorian regulatory authority or an 25 interstate regulatory authority as a result of disciplinary action against the practitioner. (3) A Victorian regulatory authority must not impose a condition, restriction or limitation 30 on an interstate practitioner in respect of their practice that is more onerous than it would impose on a current practitioner in the same or similar circumstances. 15 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. 56. Notification requirements for interstate practitioners (1) An interstate practitioner must give written notice to the Board within 28 days after first 5 engaging in legal practice in Victoria. Penalty: 10 penalty units in the case of a natural person; 20 penalty units in the case of a body corporate. 10 (2) A notice under this section must contain-- (a) in the case of a natural person-- (i) the name, date of birth and date of admission of the practitioner in their home State; and 15 (ii) the name of any firm of which the practitioner is a partner or employee, any incorporated practitioner of which they are a director or an employee or any 20 other person or body of which they are an employee; and (iii) if the practitioner practises on their own account, any business names under which they engage in 25 legal practice; and (iv) any condition, limitation or restriction to which the practitioner is subject in respect of their legal practice in their home 30 State or elsewhere; and 16 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. (v) an address in Victoria for service of notices and other documents on the practitioner; and (vi) a nomination-- 5 (A) of an RPA of which the practitioner is a member or is eligible to be a member; or (B) if there is no such RPA, the Board-- 10 to regulate the practitioner in respect of their legal practice in Victoria; and (vii) a statement as to whether the practitioner has established, or 15 intends to establish, a practice in Victoria; and (viii) the prescribed information (if any); (b) in the case of a body corporate-- 20 (i) the name, A.C.N. or A.R.B.N. and date of incorporation or registration of the practitioner in its home State; and (ii) the name and date of birth of each 25 director of the practitioner; and (iii) any condition, limitation or restriction to which the practitioner is subject in respect of their legal practice in their home 30 State or elsewhere; and (iv) an address in Victoria for service of notices and other documents on the practitioner; and 17 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. (v) a nomination-- (A) of an RPA of which the practitioner is a member or is eligible to be a member; or 5 (B) if there is no such RPA, the Board-- to regulate the practitioner in respect of their legal practice in Victoria; and 10 (vi) a statement as to whether the practitioner has established, or intends to establish, a practice in Victoria; and (vii) the prescribed information (if 15 any). (3) A notice under this section must be accompanied by-- (a) satisfactory evidence, in a form approved by the Board, that the 20 applicant has professional indemnity insurance as required by this Act; and (b) if the practitioner has established, or intends to establish, a practice in Victoria, the required contribution to 25 the Fidelity Fund under section 202(1A) (if any). (4) If an interstate practitioner who has indicated that they do not intend to establish a practice in Victoria subsequently establishes a 30 practice in Victoria, they must give notice to the Board within 14 days, accompanied by the required contribution to the Fidelity Fund under section 202(1A) (if any). 57. RPA allocation 18 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. On receipt of a notice under section 56(1) from an interstate practitioner, the Board-- (a) must allocate the practitioner to the RPA nominated by the practitioner if 5 satisfied that the practitioner is entitled to nominate that RPA; or (b) if not satisfied that the practitioner is entitled to nominate the nominated RPA, after consultation with the 10 practitioner, must allocate the practitioner to an RPA that the practitioner is entitled to nominate; or (c) if satisfied that there is no RPA that the practitioner is entitled to nominate, 15 must allocate them to the Board. Division 3--Disputes, complaints and discipline3 58. Current practitioners practising interstate (1) A dispute between a person and a current 20 practitioner in connection with the practitioner's legal practice in another State may be resolved under Division 1 of Part 5. (2) A complaint may be made under Division 2 of Part 5 about the conduct of a current 25 practitioner in respect of their legal practice in another State. (3) An investigation may be undertaken under Division 3 of Part 5 of the conduct of a current practitioner in respect of their legal 30 practice in another State. (4) A charge may be brought in the Tribunal against a current practitioner in respect of their legal practice in another State. 19 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. (5) If a dispute, complaint or investigation of a kind referred to in this section has been dealt with and finally determined in another State, no further action may be taken in relation to 5 the subject-matter of the dispute, complaint or investigation under Part 5. 59. Referral of disputes and disciplinary matters to interstate regulatory authorities (1) If it considers it appropriate to do so, a 10 Victorian regulatory authority may refer a dispute lodged with it in relation to a current practitioner or an interstate practitioner to an interstate regulatory authority, to be dealt with according to the law of the other State. 15 (2) If it considers it appropriate to do so, a Victorian regulatory authority may refer a complaint made to it in relation to a current practitioner or an interstate practitioner to an interstate regulatory authority, to be dealt 20 with according to the law of the other State. (3) If it considers it appropriate to do so, a Victorian regulatory authority may request an interstate regulatory authority to investigate the conduct of a current 25 practitioner or an interstate practitioner, in accordance with the law of the other State. (4) After a referral under sub-section (1) or (2) or a request under sub-section (3) has been made, no further action may be taken by any 30 Victorian regulatory authority in relation to the subject-matter of the referral or request, other than action required to comply with section 62, unless the interstate regulatory authority declines to deal with the matter. 35 60. Dealing with matters referred by interstate regulatory authorities 20 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. (1) A Victorian regulatory authority may resolve a dispute between a person and a current practitioner or an interstate practitioner referred to it by an interstate regulatory 5 authority whether the subject-matter of the dispute arose in or outside Victoria. (2) A Victorian regulatory authority may investigate a complaint against a current practitioner or an interstate practitioner 10 referred to it by an interstate regulatory authority and bring a charge in the Tribunal against the practitioner as a result of such investigation whether the subject-matter of the complaint allegedly occurred in or 15 outside Victoria. (3) If an interstate regulatory authority requests a Victorian regulatory authority to investigate the conduct of a current practitioner or an interstate practitioner, the 20 authority may investigate that conduct and bring a charge in the Tribunal against the practitioner as a result of such investigation whether the conduct allegedly occurred in or outside Victoria. 25 61. Furnishing information (1) A Victorian regulatory authority must furnish without delay any information about a current practitioner or an interstate practitioner reasonably required by an 30 interstate regulatory authority in connection with actual or possible disciplinary action against the practitioner. (2) A Victorian regulatory authority may notify an interstate regulatory authority of any 35 condition, restriction, limitation or prohibition imposed in Victoria on a current 21 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. practitioner or an interstate practitioner in respect of their legal practice as a result of disciplinary action against the practitioner. (3) Sub-sections (1) and (2) apply despite any 5 law relating to secrecy or confidentiality. (4) Nothing in this section affects any obligation or power to provide information apart from this section. Division 4--Further provisions for current 10 practitioners in relation to interstate practice 62. Current practitioners are subject to interstate regulatory authorities (1) A current practitioner, in engaging in legal practice in Victoria, must comply with any 15 condition, restriction or limitation in respect of their practice imposed by an interstate regulatory authority as a result of disciplinary action against the practitioner. (2) An interstate regulatory authority-- 20 (a) that has jurisdiction to suspend, cancel, vary the conditions of or impose further conditions on, or order the suspension, cancellation, variation of the conditions of or imposition of further conditions 25 on, an interstate practising certificate issued to an interstate practitioner; and (b) to which a current practitioner is subject-- may suspend, cancel, vary the conditions of 30 or impose further conditions on, or order the suspension, cancellation, variation of the conditions of or imposition of further conditions on, the current practitioner's practising certificate. 22 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. (3) A Victorian regulatory authority must comply with an order of an interstate regulatory authority under sub-section (2). (4) An interstate regulatory authority that has 5 jurisdiction to order the removal of the name of a person from the roll that corresponds to the roll of practitioners in Victoria may order that the name of a current practitioner be removed from the roll. If it does so, the 10 practitioner's name is to be removed from the roll in Victoria. 63. Current practitioner receiving trust money interstate (1) A current practitioner must deal with trust 15 money received in the course of engaging in legal practice in another State in accordance with Part 6 as if the trust money had been received in the course of engaging in legal practice in Victoria. 20 (2) Sub-section (1) does not apply to trust money received in the course of engaging in legal practice in another State that the practitioner is required to deal with in another manner under the law of that State. 25 63A. Current practitioner's professional indemnity insurance Unless exempted by the Board under Part 8, a current practitioner must maintain professional indemnity insurance in Victoria 30 that covers the provision of legal services in another State to a client resident in Victoria on instructions given to the practitioner in Victoria. Division 5--General 23 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 14 Act No. 63B. Victorian regulatory authority may exercise powers conferred by interstate law A Victorian regulatory authority may exercise in respect of a current practitioner 5 or an interstate practitioner any function or power conferred on it by the law of another State. 63C. Agreements and arrangements with interstate regulatory authorities 10 A Victorian regulatory authority may make agreements or arrangements with an interstate regulatory authority for or with respect to-- (a) the investigation of complaints; 15 (b) professional indemnity insurance; (c) fidelity fund contributions and payments; (d) trust account inspections; (e) the appointment of managers and 20 receivers; (f) the exchange of information under section 61. 63D. Mutual recognition laws not affected Nothing in this Act affects the operation of 25 the Mutual Recognition (Victoria) Act 1993. 63E. Transitional A person who was a registered interstate practitioner under Division 6 of Part 2 30 immediately before the commencement of section 14 of the Legal Practice (Amendment) Act 1997 is deemed, on the commencement of that section, to be an 24 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. interstate practitioner who has complied with the requirements of section 56(1).". 15. New Part 2B inserted Before Part 3 of the Principal Act insert-- 5 'PART 2B--PRACTICE OF FOREIGN LAW Division 1--Preliminary 63F. Purpose of this Part The purpose of this Part is to encourage and facilitate the internationalisation of legal 10 services and the legal services sector by providing a framework for the regulation of the practice of foreign law in Victoria by foreign-qualified lawyers as a recognised aspect of legal practice. 15 63G. Definitions In this Part-- "Australia" includes the external Territories within the meaning of the Acts Interpretation Act 1901 of the 20 Commonwealth; "engage in the practice of foreign law" has the meaning given in section 63H; "foreign law" means law of a place outside Australia; 25 "foreign practitioner" means a natural person, other than a legal practitioner, who is registered to engage in legal practice in a place outside Australia by a foreign registration authority; 30 "foreign registration authority" means a person or authority in a place outside 25 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. Australia having the function conferred by law of registering persons to engage in legal practice in that place; "home registration authority" of a foreign 5 practitioner means the foreign registration authority stated in the practitioner's registration notice under section 63J; "registered" when used in connection with 10 a place outside Australia, means having all necessary licences, approvals, admissions, certifications or other forms of authorisation (including practising certificates) required by or 15 under the law of that place for engaging in legal practice in that place; "registered foreign practitioner" means a person who is registered as a foreign practitioner under Division 3. 20 63H. What is the practice of foreign law? (1) For the purposes of this Act, a person engages in the practice of foreign law if the person does any work or transacts any business in Victoria concerning foreign law 25 of a kind that, if it concerned the law of Victoria, would constitute engaging in legal practice. (2) Engaging in the practice of foreign law may consist of a single act. 30 Division 2--Unqualified foreign law practice 26 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. 63I. Prohibition on unqualified foreign law practice (1) A person must not engage in the practice of foreign law in Victoria unless the person-- 5 (a) is a registered foreign practitioner; or (b) is a foreign practitioner who-- (i) engages in the practice of foreign law in Victoria on a temporary basis or is subject to a migration 10 restriction; and (ii) does not establish a practice in Victoria; or (c) is a current practitioner or an interstate practitioner (other than an interstate 15 practitioner who is suspended or prohibited from engaging in legal practice in Victoria). Penalty: Imprisonment for 2 years. (2) A person who contravenes sub-section (1) is 20 not entitled to recover any amount in respect of anything done during the course of that contravention and must repay any amount so received to the person from whom it was received. 25 (3) If a person does not repay an amount required by sub-section (2) to be repaid, the person entitled to be repaid may recover the amount from the person as a debt in a court of competent jurisdiction. 30 (4) In this section-- 27 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. "migration restriction" means a restriction imposed on a person who is not an Australian citizen under the Migration Act 1958 of the Commonwealth that 5 has the effect of limiting the period during which work may be done, or business transacted, in Australia by the person. Division 3--Registration of foreign 10 practitioners 63J. Registration notice (1) A foreign practitioner may apply for registration under this Division by lodging a written notice with the Board. 15 (2) The notice must-- (a) state the applicant's educational and professional qualifications; and (b) state that the applicant is registered to engage in legal practice in a place 20 outside Australia by a specified foreign registration authority in that place; and (c) state whether the applicant is the subject of any disciplinary proceedings in that place (including any preliminary 25 investigations or action that might lead to disciplinary proceedings) in relation to that registration and, if so, give details of those proceedings or investigations or that action; and 30 (d) state whether the applicant is a party in any pending criminal or civil proceeding that is likely to result in disciplinary action being taken against 28 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. the applicant and, if so, give details of that proceeding; and (e) state that the applicant's registration in that place is not cancelled or currently 5 suspended as a result of disciplinary action; and (f) state whether or not the applicant is otherwise prohibited from engaging in legal practice in that place or bound by 10 any undertaking not to engage in legal practice in that place, or is subject to any conditions in engaging in that practice as a result of criminal, civil or disciplinary proceedings in that place; 15 and (g) specify any conditions imposed as a restriction on the legal practice of the applicant or any undertaking given by the applicant restricting their legal 20 practice; and (h) contain an address in Victoria for service of notices and other documents on the applicant; and (i) contain a nomination-- 25 (i) of an RPA of which the practitioner is a member or is eligible to be a member; or (ii) if there is no such RPA, the Board-- 30 to regulate the practitioner in respect of their practice of foreign law; and (j) give consent to the making of enquiries of, and the exchange of information with, the applicant's home registration 35 authority regarding the applicant's 29 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. activities in engaging in legal practice in that place or otherwise regarding matters relevant to the notice; and (k) contain any other information required 5 by the Board. (3) The notice must be accompanied by an original instrument, or a copy of an original instrument, from the applicant's home registration authority-- 10 (a) verifying the applicant's educational and professional qualifications or, if it is not in a position to do so, stating that fact; and (b) verifying the applicant's registration by 15 the authority to engage in legal practice in the place concerned and the date of that registration; and (c) stating whether there is any matter known to the authority that, in its 20 opinion, may render the applicant unfit to engage in legal practice in the place concerned or to engage in the practice of foreign law and, if so, giving details of that matter. 25 (4) The applicant must certify in the notice that the accompanying instrument is the original or a complete and accurate copy of the original. (5) The Board may require the applicant to 30 verify the statements in the notice by statutory declaration or another manner specified by the Board. (6) If the accompanying instrument is not in English it must be accompanied by a 30 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. translation in English that is authenticated or certified to the satisfaction of the Board. 63K. Fees and Fidelity Fund contributions (1) A notice under section 63J is to be 5 accompanied by-- (a) an application fee (if any) determined by the Board; and (b) a registration fee (if any) determined by the Board; and 10 (c) the required contribution to the Fidelity Fund under section 202(1) (if any). (2) The combined amount of the application fee and the registration fee is not to be greater than the maximum fee for a practising 15 certificate. (3) If an application for registration is refused, the Board must refund the registration fee and the Fidelity Fund contribution to the applicant. 20 63L. Registration and RPA allocation (1) As soon as practicable after receiving a notice under section 63J but subject to sub- section (2), the Board must register the applicant as a foreign practitioner if-- 25 (a) the Board is satisfied that the applicant is registered to engage in legal practice in a place outside Australia; and (b) the Board considers that an effective system exists in that place for the 30 regulation of legal practice in that place; and (c) the Board considers that the applicant is not, or is not likely to become, subject 31 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. to any conditions in engaging in legal practice in that place or any undertakings concerning his or her legal practice in that place that would 5 make it inappropriate to register the applicant; and (d) the applicant demonstrates to the satisfaction of the Board an intention to establish a practice in Victoria within a 10 reasonable period after the grant of registration. (2) The Board must refuse to register a foreign practitioner if the application is made within a period specified by the Full Tribunal under 15 section 171A(6) or by the Supreme Court. (3) Residence or domicile in Victoria is not a pre-requisite for, or a factor in determining entitlement to, registration as a foreign practitioner. 20 (4) In considering whether or not to register a foreign practitioner, the Board may rely on-- (a) any material provided by or on behalf of the practitioner; 25 (b) any further investigations it considers necessary to undertake; (c) any investigations undertaken by it in relation to other applicants for registration or registered foreign 30 practitioners. (5) If the Board registers a foreign practitioner, the Board-- (a) must allocate the practitioner to the RPA nominated by the practitioner if 32 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. satisfied that the practitioner is entitled to nominate that RPA; or (b) if not satisfied that the practitioner is entitled to nominate the nominated 5 RPA, after consultation with the practitioner, must allocate the practitioner to an RPA that the practitioner is entitled to nominate; or (c) if satisfied that there is no RPA that the 10 practitioner is entitled to nominate, must allocate them to the Board. (6) The Board registers a foreign practitioner by entering the following information on the Register-- 15 (a) the date of registration; and (b) the practitioner's educational and professional qualifications; and (c) the place outside Australia in which the practitioner is registered to engage in 20 legal practice; and (d) the name and address of the practitioner's home registration authority; and (e) any conditions imposed on the 25 practitioner by their home registration authority in respect of their legal practice or any undertakings given by the practitioner in respect of that practice; and 30 (f) any conditions imposed on the practitioner by a Victorian regulatory authority in respect of their practice of foreign law or any undertaking given by the practitioner in respect of that 35 practice; and 33 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. (g) the RPA to which the practitioner has been allocated or, if they have been allocated to the Board, that fact; and (h) the practitioner's address for service of 5 notices and other documents. 63M. Conditions (1) At the time of registration, the Board may impose any condition on the foreign practitioner in respect of the practitioner's 10 practice of foreign law and may at any time by notice in writing revoke or vary any such condition. (2) At any time, the RPA of which a registered foreign practitioner is a regulated 15 practitioner or the Board, if the practitioner is a regulated practitioner of the Board, may impose any condition on the foreign practitioner in respect of the practitioner's practice of foreign law and may at any time 20 by notice in writing revoke or vary any such condition. (3) The Board or an RPA must not impose a condition on a foreign practitioner in respect of their practice of foreign law that is more 25 onerous than it would impose on a current practitioner or interstate practitioner in the same or similar circumstances. (4) An RPA that imposes, varies or revokes a condition under this section must notify the 30 Board. 63N. Notification of decision 34 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. (1) The Board must give an applicant written notice of its decision to register the applicant as a foreign practitioner, to refuse registration or to impose conditions on 5 registration. (2) If notice is not given to an applicant within 45 days after the applicant lodges a notice in accordance with section 63J, the Board is to be taken to have refused to register the 10 applicant. 63O. Effect of registration and annual fee (1) A registered foreign practitioner is entitled to engage in the practice of foreign law in accordance with Division 4. 15 (2) A registered foreign practitioner must pay-- (a) an annual fee determined by the Board; and (b) the required contribution to the Fidelity Fund under section 202(2A) (if any). 20 (3) The annual fee is payable on or before the date notified in writing to the registered foreign practitioner by the Board. (4) The annual fee is not to be greater than the maximum fee payable for a practising 25 certificate. 63P. Suspension of registered foreign practitioner (1) The RPA of which a registered foreign practitioner is a regulated practitioner or the 30 Board, if the practitioner is a regulated practitioner of the Board, may suspend the practitioner from engaging in the practice of foreign law, by giving written notice to the 35 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. practitioner, if it is of the opinion that there is sufficient reason for doing so. (2) Without limiting the grounds for suspension, a registered foreign practitioner may be 5 suspended from engaging in the practice of foreign law if-- (a) the practitioner's home registration authority suspends or cancels registration of the practitioner as a 10 result of criminal, civil or disciplinary proceedings; (b) the practitioner fails to comply with any requirement of this Act; (c) the practitioner's registration by the 15 practitioner's home registration authority lapses; (d) the practitioner does not establish a practice in Victoria within a reasonable period after being registered; or 20 (e) the practitioner fails to comply with any condition imposed on the practitioner's registration under this Act; (f) the practitioner becomes an insolvent 25 under administration. (3) The practitioner is not to be suspended on the ground referred to in sub-section (2)(c) if the practitioner demonstrates to the satisfaction of the RPA or the Board that the 30 lapse did not result from any criminal, civil or disciplinary proceedings against the practitioner, but from circumstances beyond the practitioner's control. 36 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. (4) An RPA that suspends a registered foreign practitioner under this section must also give written notice of the suspension to the Board. (5) Subject to sub-section (6) and section 63S, a 5 suspension under this section takes effect 28 days after the day notice is given under sub- section (1). (6) An RPA or the Board may determine that a suspension take effect immediately notice is 10 given under sub-section (1) if satisfied that immediate suspension is necessary-- (a) for the protection of the practitioner's clients or members of the public generally; or 15 (b) to protect the integrity of the legal profession or the administration of justice. 63Q. Effect of suspension (1) A registered foreign practitioner who is 20 suspended under section 63P is deemed not to be registered under this Division during the period of suspension. (2) If an RPA or the Board is satisfied that the grounds for the suspension do not or no 25 longer exist, the RPA or the Board must lift the suspension immediately by giving written notice to the practitioner. (3) An RPA that lifts a suspension must also give written notice to the Board. 30 63R. Cancellation of registration (1) The Board, by written notice to a registered foreign practitioner, may cancel the practitioner's registration if it is of the 37 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. opinion that there is sufficient reason for doing so. (2) Without limiting the grounds for cancellation, registration may be cancelled 5 if-- (a) the practitioner's home registration authority cancels registration of the practitioner as a result of criminal, civil or disciplinary proceedings; 10 (b) the practitioner fails to comply with any requirement of this Act; (c) the practitioner's registration by the practitioner's home registration authority lapses; 15 (d) the practitioner does not establish a practice in Victoria within a reasonable period after being registered; (e) the practitioner fails to comply with any condition imposed on the 20 practitioner's registration under this Act; (f) the practitioner becomes an insolvent under administration. (3) Registration is not to be cancelled on the 25 ground referred to in sub-section (2)(c) if the practitioner demonstrates that the lapse did not result from any criminal, civil or disciplinary proceedings against the practitioner, but from circumstances beyond 30 the practitioner's control. (4) Registration as a foreign practitioner is automatically cancelled if the practitioner-- (a) becomes a current practitioner; or (b) requests cancellation. 38 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. (5) Cancellation of registration at the request of a practitioner-- (a) takes effect when the request is received by the Board; and 5 (b) does not prevent any disciplinary proceedings being instituted against the practitioner or affect the continuity of any proceedings already instituted. (6) Subject to sub-section (7) and section 63S, 10 cancellation of registration under sub-section (1) takes effect 28 days after the day notice is given to the practitioner. (7) The Board may determine that cancellation take effect immediately notice is given under 15 sub-section (1) if satisfied that immediate cancellation is necessary-- (a) for the protection of the practitioner's clients or members of the public generally; or 20 (b) to protect the integrity of the legal profession or the administration of justice. (8) If a practitioner's registration is cancelled, the Board may refund the whole or part of 25 the last fee paid by the practitioner, as determined by the Board. 63S. Application to Full Tribunal (1) If the Board-- (a) refuses to register a foreign practitioner 30 under this Division; or (b) cancels the registration of a foreign practitioner under this Division-- 39 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. the foreign practitioner may apply to the Full Tribunal for a review of the Board's decision. (2) If the Board or an RPA-- (a) imposes conditions on a foreign 5 practitioner or varies those conditions under section 63M; or (b) suspends a registered foreign practitioner under section 63P-- the foreign practitioner may apply to the Full 10 Tribunal for a review of the Board's decision. (3) An application-- (a) under sub-section (1)(a) must be made within 28 days after-- (i) the day notice of refusal to 15 register is given to the applicant; or (ii) the expiration of the 45 day period referred to in section 63N(2); (b) under sub-section (1)(b) or (2) must be 20 made within 28 days after the day notice of the cancellation, imposition, variation or suspension is given to the practitioner. (4) For the purposes of a review, the Full 25 Tribunal has all the powers and discretions of the Board and may-- (a) make an order-- (i) confirming the decision under review; 30 (ii) setting aside the decision and, in the case of a decision to refuse 40 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. registration, directing the Board to register the practitioner; (iii) imposing any conditions that the Board or an RPA could have 5 imposed on the practitioner under section 63M; (b) make any other order it thinks fit. 63T. Appeal to Court of Appeal (1) Any party may appeal to the Court of 10 Appeal, on a question of law, from an order of the Full Tribunal under section 63S. (2) If the Full Tribunal gives oral reasons for making the relevant order and a party then requests it to give written reasons under 15 section 409, the time for instituting the appeal4 runs from the time when the party receives the written reasons. Division 4--Practice of foreign law5 63U. Scope of practice 20 (1) A registered foreign practitioner may only provide any or all of the following-- (a) legal services consisting of doing any work, or transacting any business, in Victoria concerning the law of the 25 place in which the practitioner is registered by their home registration authority; (b) legal services (including appearances) in relation to arbitration proceedings in 30 Victoria of a kind prescribed by the regulations; (c) legal services (including appearances) in relation to proceedings before bodies 41 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. other than courts, being proceedings in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign 5 law of the place referred to in paragraph (a) is essential; (d) legal services in relation to conciliation, mediation and other forms of consensual dispute resolution in 10 Victoria of a kind prescribed by the regulations; (e) legal services consisting of advice on the effect of the law of Victoria or another Australian jurisdiction, if-- 15 (i) the giving of the advice is necessarily incidental to the practice of foreign law; and (ii) the advice is expressly based on advice given to the practitioner by 20 a current practitioner or interstate practitioner who is not his or her employee. (2) Nothing in this Act authorises a registered foreign practitioner to appear in any court 25 (except on the practitioner's own behalf) or to engage in legal practice. 63V. Form of practice A registered foreign practitioner may engage in the practice of foreign law-- 30 (a) as a foreign practitioner on the practitioner's own account; or (b) in partnership with-- (i) other registered foreign practitioners; or 42 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. (ii) current practitioners; or (iii) interstate practitioners; or (iv) any combination of (i), (ii) and (iii); or 5 (c) as an employee of a current practitioner, interstate practitioner or firm. 63W. Letterhead and other identifying documents (1) A registered foreign practitioner may 10 describe themselves and any partnership or body corporate with which they are associated only in one or more of the ways designated in section 63X. (2) In addition, a registered foreign practitioner 15 must indicate in each public document distributed by them in connection with their practice of foreign law the fact that they are registered under this Act and that they are restricted to the practice of foreign law. 20 (3) Sub-section (2) is satisfied if the practitioner includes in the document the words-- (a) "registered foreign practitioner" or "registered foreign lawyer"; and (b) "entitled to practise foreign law only". 25 (4) In this section, "public document" includes any business letter, statement of account, invoice, business card and promotional and advertising material. 63X. Designation 30 (1) A registered foreign practitioner may use the following designations-- (a) the practitioner's own name; 43 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. (b) the title or any business name that the practitioner is authorised or permitted by law to use in the place outside Australia in which the practitioner is 5 registered by their home registration authority; (c) subject to sub-section (2), the name of any partnership or body corporate outside Australia with which the 10 practitioner is affiliated or associated; (d) if the practitioner is a member of a partnership or body corporate in Australia that includes legal practitioners and registered foreign 15 practitioners, a description of the partnership or body that includes the title used by legal practitioners and registered foreign practitioners. (2) A registered foreign practitioner who is a 20 member of a partnership or body corporate outside Australia may use the name of the partnership or body corporate in engaging in the practice of foreign law, or use the name in connection with the practice, only if-- 25 (a) the practitioner has provided the Board with a copy of the partnership agreement or other acceptable evidence that the practitioner is a member of the partnership or body; and 30 (b) use of that name complies with any requirements of Victorian law concerning the use of business names and will not lead to any confusion with the name of any firm or incorporated 35 practitioner. 44 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 15 Act No. (3) A registered foreign practitioner who is a member of a partnership or body corporate may use the name of the partnership or body as referred to in this section whether or not 5 other members are registered foreign practitioners. 63Y. Employment of current and interstate practitioners by foreign practitioners (1) A registered foreign practitioner may employ 10 one or more current practitioners or interstate practitioners or both. (2) Employment of a current practitioner or interstate practitioner does not entitle a registered foreign practitioner to engage in 15 legal practice in Victoria. (3) Subject to sub-section (4), a current practitioner or interstate practitioner employed by a registered foreign practitioner must not provide advice on the law of 20 Victoria or another Australian jurisdiction to, or for use by, the foreign practitioner or otherwise engage in legal practice in Victoria in the course of that employment. (4) Sub-section (3) does not apply to a current 25 practitioner or interstate practitioner employed by a firm a partner of which is a registered foreign practitioner if at least one other partner is a legal practitioner. 63Z. Employment of foreign practitioners by 30 current practitioners, interstate practitioners and firms (1) A current practitioner, interstate practitioner or firm may employ one or more registered foreign practitioners. 45 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 16 Act No. (2) Employment by a current practitioner, interstate practitioner or firm does not entitle a registered foreign practitioner to engage in legal practice in Victoria. 5 63ZA. Professional indemnity insurance A registered foreign practitioner who practises foreign law in Victoria must maintain professional indemnity insurance that contains at least the minimum terms and 10 conditions set by the Board under section 228(1). 63ZB. Trust money Part 6 applies to a registered foreign practitioner who receives trust money as if a 15 reference in that Part to a legal practitioner were a reference to the registered foreign practitioner. 63ZC. Exemption by Board (1) The Board may exempt a registered foreign 20 practitioner or class of registered foreign practitioners from compliance with a specified provision of this Act or the regulations, or from compliance with a specified practice rule or part of a practice 25 rule that would otherwise apply to the practitioner. (2) The Board must give notice of an exemption under sub-section (1) to each RPA as soon as practicable after giving the exemption. 30 (3) Each RPA must publish a copy of the notice in its next available official publication after receiving the notice.'. 16. Information for clients 46 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 17 Act No. (1) In section 86(3)(a) of the Principal Act, for "perform the work" (where twice occurring) substitute "provide the legal services". (2) In section 90 of the Principal Act-- 5 (a) in sub-section (1)-- (i) in paragraph (b) for "(2)" substitute "(3)"; (ii) in paragraph (c) after "foreign company" insert ", a subsidiary of a 10 foreign company"; (b) in sub-section (2) for "(2)" (where secondly occurring) substitute "(3)". 17. Clerks may sign bills of costs In section 107(2) of the Principal Act, for 15 paragraph (a) substitute-- "(a) must be signed by-- (i) the legal practitioner; or (ii) another legal practitioner authorised by the legal practitioner; or 20 (iii) an approved clerk; or". 18. Disciplinary proceedings (1) In section 137 of the Principal Act, in the definition of "misconduct", in paragraph (a)(iii) for "failure (whether or not wilful or reckless)" 25 substitute "wilful or reckless failure". (2) After section 152(3) of the Principal Act insert-- "(4) The Legal Ombudsman, an RPA or the Board must give written notice to a practitioner or firm of a decision under 30 section 151(3)(c) or (5) not to take any further action against them.". 47 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 19 Act No. (3) In section 160(1)(c) of the Principal Act-- (a) for sub-paragraph (ii) substitute-- "(ii) make an order suspending the practitioner's practising certificate for a 5 period specified in the order;"; (b) for sub-paragraph (v) substitute-- "(v) in the case of an incorporated practitioner, make an order that the practitioner be de-registered; 10 (vi) in the case of an interstate practitioner, make an order that the practitioner be suspended from engaging in legal practice in Victoria for a period specified in the order or an order that 15 the practitioner be prohibited from engaging in legal practice in Victoria;". (4) In section 169(1) of the Principal Act, for paragraph (b) substitute-- "(b) in the case of a dispute, the Full Tribunal 20 may-- (i) make any order that the Tribunal could have made under Division 1 at first instance (other than an order referred to in section 134); and 25 (ii) make an order for costs under section 169A;". 19. New section 169A inserted After section 169 of the Principal Act insert-- "169A. Orders for costs in disputes appeals6 30 (1) In an appeal under this Division in the case of a dispute, the Full Tribunal may order the payment of the costs of and incidental to the appeal. 48 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 20 Act No. (2) Subject to this section, the costs are in the discretion of the Full Tribunal. (3) The Full Tribunal must not make an order for costs against an RPA, the Board or the 5 Legal Ombudsman unless satisfied that special circumstances make it appropriate to do so. (4) The Full Tribunal may fix the amount of costs itself or order that bills of costs be 10 assessed or settled by the registrar or deputy registrar.". 20. Application of Part 5 In section 171 of the Principal Act for paragraph (c) substitute-- 15 "(c) an interstate practitioner;". 21. New section 171A inserted After section 171 of the Principal Act insert-- "171A. Application of Part to foreign practitioners (1) Subject to this section, this Part also 20 applies-- (a) to a registered foreign practitioner; and (b) to a person who was a registered foreign practitioner engaged in the practice of foreign law when the 25 subject-matter of the dispute or the alleged misconduct or unsatisfactory conduct occurred but who is no longer such a practitioner (in which case this Part applies as if the person were still a 30 registered foreign practitioner)-- as if a reference in this Part to a legal practitioner were a reference to the registered foreign practitioner and a 49 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 21 Act No. reference to engaging in legal practice were a reference to engaging in the practice of foreign law. (2) Despite anything to the contrary in section 5 151(2), the Legal Ombudsman, an RPA or the Board is not in any circumstances obliged to bring a charge in the Tribunal against a registered foreign practitioner. (3) In determining whether disciplinary action 10 should be taken against a registered foreign practitioner, the body responsible for taking that action may take into account whether the conduct of the practitioner was consistent with the standards of professional conduct of 15 the legal profession in the practitioner's foreign place of registration. (4) If the Full Tribunal finds a registered foreign practitioner guilty of misconduct it has, in addition to its other powers under section 20 160, the power to make an order-- (a) imposing any conditions of a kind referred to in section 63M on the practitioner; or (b) suspending the practitioner from 25 engaging in the practice of foreign law for the period specified in the order; or (c) cancelling the practitioner's registration. (5) A registered foreign practitioner who is 30 suspended by the Tribunal is deemed not to be registered under Part 2B during the period of suspension. (6) An order under sub-section (4)(c) may specify a period during which the 50 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 22 Act No. practitioner may not apply to be registered again.". 22. Trust money matters (1) In section 173(1) of the Principal Act after 5 "money" (where secondly occurring) insert "that is required to be paid to a trust account". (2) After section 173(1) of the Principal Act insert-- "(1A) Sub-section (1) does not apply if the Board exempts the approved clerk, legal 10 practitioner or firm from the requirement to establish a trust account.". (3) In section 174 of the Principal Act-- (a) after sub-section (2)(b) insert-- "(c) in any case, if-- 15 (i) the money is in the form of a cheque payable to a person other than the legal practitioner, firm or approved clerk; or (ii) the Board has exempted the legal 20 practitioner, firm or approved clerk from the requirement to establish a trust account."; (b) in sub-section (3)(e) for "Part II" substitute "Part 3"; 25 (c) in sub-section (4)(c) for "Part II" substitute "Part 3". 23. New section 178 substituted For section 178 of the Principal Act substitute-- 51 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 23 Act No. "178. Unqualified trust money receipt (1) A legal practitioner (other than an incorporated practitioner) who does not hold a practising certificate authorising the receipt 5 of trust money must not receive trust money. Penalty: Imprisonment for 2 years. (2) An interstate practitioner must not receive trust money unless the practitioner-- (a) is authorised to receive trust money in 10 the practitioner's home jurisdiction; and (b) has paid the required contributions (if any) to the Fidelity Fund under section 202. Penalty: imprisonment for 2 years in the 15 case of a natural person; 240 penalty units in the case of a body corporate. (3) A firm, a legal practitioner or an interstate practitioner must not permit an employee of 20 the firm or practitioner who does not hold a practising certificate authorising the receipt of trust money to receive trust money. Penalty: 240 penalty units. (4) Sub-sections (1), (2) and (3) do not apply in 25 the case of a receipt of money by a legal practitioner or interstate practitioner if the practitioner as soon as practicable after receipt-- (a) pays the money into a trust account; or 30 (b) gives the money to a legal practitioner or interstate practitioner who is authorised to receive trust money or to 52 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 23 Act No. an approved clerk and that practitioner or clerk accepts the money. (5) Sub-section (3) does not apply in the case of a receipt of trust money-- 5 (a) by an employee (other than a legal practitioner or interstate practitioner) if the employee as soon as practicable after receipt-- (i) pays the money into a trust 10 account; or (ii) gives the money to a legal practitioner or interstate practitioner who is authorised to receive trust money and that 15 practitioner accepts the money; (b) by an employee who is an interstate practitioner, if the employee-- (i) is authorised to receive trust money in his or her home 20 jurisdiction; and (ii) has paid the required contributions (if any) to the Fidelity Fund under section 202. (6) A firm must not receive trust money unless 25 each partner of the firm whose principal place of legal practice is in Victoria (other than a partner who is a registered foreign practitioner) holds a practising certificate authorising the receipt of trust money. 30 Penalty: 240 penalty units. 53 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 24 Act No. (7) An incorporated practitioner must not receive trust money unless the practitioner and each legal practitioner who is a director of the practitioner hold a practising 5 certificate authorising the receipt of trust money. Penalty: 240 penalty units. (8) A person who has been an approved clerk must not receive trust money as an approved 10 clerk after ceasing to be an approved clerk. Penalty: Imprisonment for 2 years.". 24. New section 183 substituted For section 183 of the Principal Act substitute-- "183. Annual audit of trust accounts 15 (1) A person or firm that is required to maintain a trust account must have it audited by an approved auditor in respect of each audit year in accordance with the practice rules that apply to the person or firm. 20 (2) For the purposes of an audit under this section, a practitioner, a firm or an approved clerk must-- (a) produce for inspection by the auditor any accounting or other records relating 25 to the practitioner's or firm's legal practice or the clerk's business; and (b) give the auditor any other information the auditor reasonably requires. Penalty: 50 penalty units. 30 (3) For the purposes of an audit under this section, a financial institution, despite any duty of confidence to the contrary, must without charge-- 54 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 25 Act No. (a) produce for inspection by the auditor any records held by the financial institution relating to the trust account of, or any trust money deposited with it 5 by, a practitioner, a firm or an approved clerk; and (b) provide the auditor with full details of any transactions relating to the trust account or trust money. 10 Penalty: 50 penalty units. (4) An auditor may make copies of, or take extracts from, any records or other documents produced to the auditor in the course of an audit. 15 (5) An auditor must not knowingly employ or engage a person to assist them in the conduct of an audit unless the person has satisfactorily completed a course required by the Board under section 187. 20 Penalty: 20 penalty units.". 25. Fidelity Fund contributions and levies (1) In section 200(1) of the Principal Act-- (a) for "or of registered interstate practitioners" substitute ", interstate practitioners who 25 have established or intend to establish a practice in Victoria or registered foreign practitioners"; (b) in paragraph (b) for "or for registration as a registered interstate practitioner" substitute 30 "or for registration as a registered foreign practitioner or, in the case of interstate practitioners, notifications of establishing or intending to establish a practice in Victoria"; 55 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 Act No. (c) in paragraph (h) for "home jurisdiction" substitute "home State". (2) In section 202(1) of the Principal Act for "as a registered interstate practitioner" substitute "as a 5 registered foreign practitioner". (3) After section 202(1) of the Principal Act insert-- "(1A) An interstate practitioner-- (a) who gives notice of establishing or intending to establish a practice in 10 Victoria; and (b) who is a member of a class determined by the Board under section 200(1)-- must pay in respect of the notification the contribution determined by the Board under 15 section 201(1) as the contribution payable by members of that class.". (4) In section 202 of the Principal Act, for sub-section (2) substitute-- "(2) An interstate practitioner who is a member 20 of a class determined by the Board under section 200(1) must, in respect of each calendar year in which the practitioner engages in legal practice in Victoria after the calendar year in which the practitioner gave 25 notice of establishing or intending to establish a practice in Victoria, pay to the Board for payment into the Fidelity Fund the contribution payable in respect of that year by members of that class. 30 (2A) A registered foreign practitioner who is a member of a class determined by the Board under section 200(1) must, in respect of each calendar year after the calendar year in 56 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 25 26 Act No. which the practitioner was registered, pay to the Board, for payment into the Fidelity Fund the contribution payable in respect of that year by members of that class.". 5 (5) In section 202(4) of the Principal Act after "sub- section (2)" insert ", (2A)". (6) In section 203(1) of the Principal Act for "or registered interstate practitioners" substitute ", interstate practitioners or registered foreign 10 practitioners". (7) In section 204 of the Principal Act-- (a) in sub-section (1) for "or registered interstate practitioner" substitute ", an interstate practitioner or a registered foreign 15 practitioner"; (b) in sub-section (4) for "during the whole period of their engagement in legal practice or carrying on the business of an approved clerk (as the case may be)" substitute "in 20 total". 26. New section 207A inserted After the heading to Division 2 of Part 7 of the Principal Act insert-- '207A. Definitions 25 In this Division-- "contributing foreign practitioner" means a foreign practitioner who has paid a contribution or levy to the Fidelity Fund under Division 1; 30 "contributing interstate practitioner" means an interstate practitioner who has paid a contribution or levy to the Fidelity Fund under Division 1; 57 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 27 Act No. "practitioner" includes a contributing foreign practitioner and a contributing interstate practitioner.'. 27. Fidelity Fund claims 5 (1) In section 208(1) of the Principal Act-- (a) after paragraph (c) insert-- "(ca) by a contributing interstate practitioner; or (cb) by a contributing foreign practitioner; 10 or"; (b) for paragraph (e) substitute-- "(e) by a current practitioner, contributing interstate practitioner or contributing foreign practitioner with whom a 15 practitioner referred to in paragraph (a), (c), (ca) or (cb), or a firm or any partner of a firm referred to in paragraph (b), shares income from any business.". (2) In section 208(2) of the Principal Act-- 20 (a) after "(c)," insert "(ca), (cb),"; (b) for "current practitioner" (wherever occurring) substitute "practitioner". (3) After section 208(2) of the Principal Act insert-- "(2A) Without limiting sub-section (1), a claim lies 25 against the Fidelity Fund-- (a) in relation to a loss occurring wholly in Victoria from a defalcation committed (whether or not in Victoria) by a current practitioner, a contributing 58 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 28 Act No. interstate practitioner or a contributing foreign practitioner; or (b) in relation to a loss from a defalcation committed (whether or not in Victoria) 5 by a current practitioner, if-- (i) the loss occurred both in Victoria and another State; or (ii) the loss occurred in Victoria or another State or both, but it cannot 10 be determined precisely where the loss occurred; or (c) in the circumstances where an agreement or arrangement under section 63C provides that a claim is 15 payable.". (4) In section 208(3) of the Principal Act for "current practitioner" (wherever occurring) substitute "practitioner". (5) In sections 209(1) and (6), 210(1), 211(4), (5) and 20 (6), 213(1) and (2), 218(3) and 219(3) of the Principal Act for "legal practitioner" (wherever occurring) substitute "practitioner". (6) In section 222 of the Principal Act-- (a) in sub-section (2)(a) for "legal practitioners" 25 substitute "practitioners"; (b) in sub-section (3) for "legal practitioner" substitute "practitioner". 28. Professional indemnity insurance (1) After section 224(3) of the Principal Act insert-- 30 "(4) This section does not apply to the extent that the Board exempts the firm from compliance under section 229A.". (2) After section 225(3) of the Principal Act insert-- 59 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 29 Act No. "(4) This section does not apply to the extent that the Board exempts the incorporated practitioner from compliance under section 229A.". 5 (3) After section 226(3) of the Principal Act insert-- "(4) This section does not apply to the extent that the Board exempts the legal practitioner from compliance under section 229A.". (4) After section 227(3) of the Principal Act insert-- 10 "(4) This section does not apply to the extent that the Board exempts the firm or legal practitioner from compliance under section 229A.". (5) In section 229(1) and (3) of the Principal Act for 15 "A registered interstate practitioner" substitute "An interstate practitioner". (6) After section 229(3) of the Principal Act insert-- "(4) This section does not apply to the extent that the Board exempts the interstate practitioner 20 from compliance under section 229A.". 29. New section 229A inserted After section 229 of the Principal Act insert-- "229A. Exemption from insurance requirements The Board may exempt legal practitioners, 25 firms or interstate practitioners or classes of legal practitioners, firms or interstate practitioners from the requirement to obtain or maintain professional indemnity insurance or from any of the minimum terms and 30 conditions of that insurance.". 30. Legal Practitioners' Liability Fund and Committee 60 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 31 Act No. In the Principal Act-- (a) in section 231(a) for "and legal practitioners" substitute ", legal practitioners, interstate practitioners and foreign practitioners"; 5 (b) in section 232(b) for "or legal practitioners" substitute ", legal practitioners, interstate practitioners or foreign practitioners"; (c) in section 236-- (i) in sub-section (1)(a) and (b) for "and 10 legal practitioners" substitute ", legal practitioners, interstate practitioners and foreign practitioners"; (ii) in sub-section (4) for "or legal practitioner" substitute ", legal 15 practitioner, interstate practitioner or foreign practitioner"; (d) in section 246(2)(b) for "or legal practitioner" substitute ", legal practitioner, interstate practitioner or foreign 20 practitioner". 31. Appointment of receivers (1) In section 248 of the Principal Act-- (a) before the definition of "legal practitioner" insert-- 25 ' "legal practice", in relation to a regulated practitioner who is a registered foreign practitioner, means practice of foreign law;'; (b) the definition of "legal practitioner" is 30 repealed; (c) in the definition of "property" for "legal practitioner" (wherever occurring) substitute "regulated practitioner"; 61 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 31 Act No. (d) after the definition of "property" insert-- ' "regulated practitioner" includes-- (a) the executor (original or by representation) or administrator 5 for the time being of a deceased regulated practitioner or of his or her estate; (b) the administrator, or receiver, or receiver and manager, or official 10 manager, of the property of a regulated practitioner that is a body corporate; (c) the liquidator of a regulated practitioner that is a body 15 corporate that is being or has been wound up.'. (2) In section 249(1)(c) of the Principal Act for sub- paragraph (v) substitute-- "(v) the suspension or prohibition from engaging 20 in legal practice in Victoria of a regulated practitioner who is an interstate practitioner or the suspension or cancellation of registration of a regulated practitioner who is a registered foreign practitioner; or". 25 (3) In section 249 of the Principal Act for sub-section (2) substitute-- "(2) The Board may also apply under sub-section (1) with respect to a regulated practitioner of an RPA.". 30 (4) In section 250 of the Principal Act for "legal practitioner" (wherever occurring) substitute "practitioner". (5) In section 250 of the Principal Act, for sub-section (2) substitute-- 62 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 31 Act No. "(2) If the receiver appointed is-- (a) a current practitioner; or (b) a current practitioner or registered foreign practitioner (if the regulated 5 practitioner is a registered foreign practitioner)-- the Supreme Court may, by the order appointing the receiver, authorise the receiver to carry on the legal practice of the 10 regulated practitioner.". (6) In section 250(3) of the Principal Act, for paragraph (a) substitute-- "(a) authorise-- (i) a current practitioner named in the 15 order; or (ii) a current practitioner or registered foreign practitioner (if the regulated practitioner is a registered foreign practitioner) named in the order-- 20 to carry on the legal practice of the regulated practitioner on behalf of the receiver for such period and so far as it is necessary or desirable in order to wind up the practice properly in the interests of the practitioner's 25 clients; and". (7) In section 252 of the Principal Act-- (a) in sub-section (3)-- (i) for "legal practitioner" (where first occurring) substitute "current 30 practitioner or registered foreign practitioner"; (ii) for "legal practitioner" (where secondly occurring) substitute "practitioner"; 63 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 32 Act No. (b) in sub-sections (4) and (5) for "legal practitioner" substitute "current practitioner or registered foreign practitioner". (8) In section 257 of the Principal Act for sub-section 5 (4) substitute-- "(4) The Board may also apply under sub-section (1) with respect to a regulated practitioner of an RPA.". 32. Appointment of managers 10 (1) In section 278(1)(c) of the Principal Act for sub- paragraph (v) substitute-- "(v) the suspension or prohibition from engaging in legal practice in Victoria of a regulated practitioner who is an interstate practitioner 15 or the suspension or cancellation of registration of a regulated practitioner who is a registered foreign practitioner; or". (2) In section 278 of the Principal Act for sub-section (2) substitute-- 20 "(2) The Board, in accordance with sub-section (1), may also appoint a manager for the legal practice of a regulated practitioner of an RPA.". 33. Incorporated practitioners 25 In the Principal Act-- (a) in section 293(2) after "legal practice" insert "or the practice of foreign law, or both"; (b) in section 295(1)(a) for "any" substitute "an"; 64 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 34 Act No. (c) after section 295(1)(a) insert-- "(ab) by a registered foreign practitioner who is an employee of the incorporated practitioner; or". 5 34. RPAs In the Principal Act-- (a) in section 299(1)(a)(i) of the Principal Act for "and registered interstate practitioners" substitute ", interstate practitioners and 10 registered foreign practitioners"; (b) in section 308(1), (3) and (4) after "legal practitioner" insert ", interstate practitioner and registered foreign practitioner (if any)". 35. Unqualified practice and conveyancing 15 (1) In section 314 of the Principal Act-- (a) in sub-section (1) for paragraph (c) substitute-- "(c) is an interstate practitioner (other than an interstate practitioner who is 20 suspended or prohibited from engaging in legal practice in Victoria)."; (b) in sub-section (2) for paragraph (c) substitute-- "(c) is an interstate practitioner (other than 25 an interstate practitioner who is suspended or prohibited from engaging in legal practice in Victoria).". (2) After section 315(1)(e) insert-- "(f) a registered foreign practitioner who engages 30 in the practice of foreign law.". 65 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 36 Act No. (3) In section 317(5) of the Principal Act after "interstate practitioner" insert "or registered foreign practitioner". (4) In section 318(1) and (4) and section 324(1) of the 5 Principal Act for "a registered interstate practitioner" substitute "an interstate practitioner". (5) In section 326 of the Principal Act, in the definition of "conveyancer" for "registered 10 interstate practitioner" substitute "interstate practitioner". 36. Funds In the Principal Act-- (a) in section 376(1), 377(1), 378(1) and 379(1) 15 omit "on or before 30 September in"; (b) in section 380-- (i) in sub-section (1) for "On or before the prescribed date in" substitute "In"; (ii) sub-sections (2) and (3) are repealed; 20 (c) in section 381-- (i) in sub-section (1) omit "on or before the prescribed date in"; (ii) sub-sections (2), (3) and (4) are repealed; 25 (d) in section 382-- (i) in sub-section (1) omit "on or before the prescribed date in"; (ii) sub-sections (2), (3) and (4) are repealed; 66 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 37 Act No. (e) in section 383-- (i) in sub-section (1) omit "on or before the prescribed date in"; (ii) sub-sections (2), (3) and (4) are 5 repealed. 37. New sections 384A and 384B inserted After section 384 of the Principal Act insert-- "384A. Board may take into account previous funding 10 (1) In determining the amounts to be credited to an account in the Public Purpose Fund or to be paid to another body under this Division, the Board may take into account-- (a) in the case of an amount to be credited 15 to an account, the balance of the account before the amount is credited to it; (b) in the case of an amount to be paid to another body, the extent to which any 20 amount previously paid to the body under this Division has not been spent or committed to expenditure. (2) Nothing in sub-section (1) limits the factors that the Board may take into account in 25 determining amounts to be credited to an account or paid to a body under this Division. 384B. Timing of payments and instalments Unless another provision of this Division 30 provides to the contrary, the Board may-- (a) determine the timing of the crediting of an amount to an account or the payment 67 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 38 Act No. of an amount to another body under this Division; and (b) credit or pay the amount in a single sum or by instalments.". 5 38. Further amendments to funding provisions In the Principal Act-- (a) in section 385 for paragraph (a) substitute-- "(a) that the income of the Fidelity Fund from contributions and levies paid or 10 payable under Division 1 of Part 7 is or is likely to be insufficient to satisfy claims made against the Fidelity Fund as and when they fall due; or"; (b) in section 389(1)-- 15 (i) in paragraph (a) for "legal practitioner" substitute "practitioner (within the meaning of section 207A) who is a natural person"; (ii) in paragraph (b) for "an incorporated 20 practitioner" substitute "a practitioner (within the meaning of section 207A) that is a body corporate"; (c) in section 390(1) for paragraph (a) substitute-- 25 "(a) that the income of the Fidelity Fund from contributions and levies paid or payable under Division 1 of Part 7 and the net assets of the Fidelity Fund are or are likely to be sufficient to satisfy 30 claims made against the Fidelity Fund as and when they fall due; and"; (d) in section 391(3)(c) for "or 32(2)" substitute ", 32(2) or 33(4)"; 68 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 39 Act No. (e) in section 392(1) for "legal practitioners and firms" substitute "the RPA's regulated practitioners". 39. Constitution of Tribunal 5 In section 400 of the Principal Act for sub-section (3) substitute-- "(3) Unless a party objects, in a matter before the Full Tribunal the chairperson or a deputy chairperson may sit alone for the purpose of 10 making an interim order, giving directions or adjourning proceedings.". 40. New section 413A inserted After section 413 of the Principal Act insert-- "413A. Interim orders 15 The Tribunal may make any interim orders it thinks fit in any proceedings before it.". 41. Ex-gratia payments by Legal Ombudsman In section 430 of the Principal Act-- (a) in sub-section (1) for "a legal practitioner or 20 firm" substitute "a legal practitioner, an interstate practitioner, a registered foreign practitioner or a firm"; (b) in sub-section (3)(a) for "legal practitioner" substitute "practitioner". 25 42. Service of notices and evidentiary matters In the Principal Act-- (a) in section 431(1) after "(being a natural person)" insert "or a registered foreign practitioner"; 69 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 43 Act No. (b) in section 431(3)-- (i) for "an incorporated practitioner" substitute "a legal practitioner (being a body corporate)"; 5 (ii) in paragraphs (a) and (b) for "incorporated practitioner" substitute "practitioner"; (c) in section 435(1) after "legal practitioner" insert ", registered foreign practitioner". 10 43. New section 441 substituted For section 441 of the Principal Act substitute-- "441. Who may prosecute offences? (1) A charge against a person for an offence under this Act (other than section 438(e)) or 15 the regulations may only be filed-- (a) by the Board; or (b) by a member of the police force; or (c) by the Director of Public Prosecutions; or 20 (d) if, at the time of the alleged offence, the person was a regulated practitioner of an RPA, by-- (i) that RPA; or (ii) a person referred to in paragraph 25 (a), (b) or (c). (2) A charge against a person for an offence under section 438(e) may only be filed by the Board. (3) The Board, on behalf of the Attorney- 30 General, may apply to the Supreme Court for punishment of a person for a contravention of a provision of this Act that, by force of 70 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 44 Act No. this Act, constitutes a contempt of the Supreme Court.". 44. Liability for negligence In section 442 of the Principal Act, for sub-section 5 (2) substitute-- "(2) A legal practitioner, registered foreign practitioner or firm must not make any agreement or arrangement with a client to the effect that the practitioner or firm will 10 not be liable to the client for any loss or damage caused to the client in connection with legal services to be provided on or after the date of the agreement or arrangement to the client for which, but for the agreement or 15 arrangement, the practitioner or firm would be liable.". 45. Supreme Court--limitation of jurisdiction In section 444 of the Principal Act for "209(6), 218, 222(3)" substitute "209(6) (as amended by 20 section 27(5) of the Legal Practice (Amendment) Act 1997), 218 (as amended by section 27(5) of the Legal Practice (Amendment) Act 1997), 222(3) (as amended by section 27(6)(b) of the Legal Practice 25 (Amendment) Act 1997)". 46. Amendment of Schedule 2 (1) In Schedule 2 to the Principal Act after clause 30 insert-- "30A. Expungement of records of suspensions 30 (1) The Society may expunge its records of the suspension of the practising certificate of a person by force of section 61C of the old Act if the Society is satisfied that-- (a) the person's failure to pay the contribution 35 required under section 61A of the old Act by 31 71 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 s. 47 Act No. March 1996 was inadvertent or due to circumstances beyond the person's control; and (b) the person paid that contribution by 31 December 1996. 5 (2) The Society must notify the Board of an expungement under sub-clause (1) and, upon notification, the Board must expunge the record of the suspension in the Register.". (2) In Schedule 2 to the Principal Act, in clause 10 35(1)-- (a) after "Part 8" insert "but subject to sub- clause (3)"; (b) for "31 December 1997" substitute "31 December 1998". 15 (3) In Schedule 2 to the Principal Act, after clause 35(2) insert-- "(3) The Board may exempt legal practitioners or firms, or classes of legal practitioners or firms, from the requirement to insure with the Liability Committee 20 under sub-clause (1).". (4) In Schedule 2 to the Principal Act, in clause 41(4) for "1997" substitute "1999, unless revoked sooner,". 47. Statute law revision 25 In section 93(b) of the Principal Act after "scale of" insert "costs". 48. Repeal of spent provisions In the Principal Act, Part 20, sections 452 and 453 and Schedule 1 are repealed. 30 49. Consequential amendments An Act specified in the heading to an item in the Schedule is amended as set out in that item. __________________ 72 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 Sch. Act No. SCHEDULE Section 49 CONSEQUENTIAL AMENDMENTS 1. Domestic Building Contracts and Tribunal Act 1995 5 In section 34(4)(b) for "registered interstate practitioner" substitute "interstate practitioner". 2. Evidence Act 1958 2.1 In section 21D, in the definition of "private practitioner", in paragraph (e) for "a registered interstate practitioner" 10 substitute "an interstate practitioner". 2.2 In section 123C(1)(g) for "registered interstate practitioner" substitute "interstate practitioner". 3. Legal Aid Act 1978 In section 2(1)-- 15 (a) in the definition of "current practitioner", in paragraph (b) for "a registered interstate practitioner" substitute "an interstate practitioner"; (b) in the definition of "private practitioner", in paragraph (a) for "a registered interstate practitioner" substitute 20 "an interstate practitioner". 4. Small Claims Tribunals Act 1973 In section 30(3) for "registered interstate practitioner" substitute "interstate practitioner". 5. Supreme Court Act 1986 25 In section 3(1), in the definition of "court official", in paragraph (a) for "registered interstate practitioner" substitute "interstate practitioner". 6. Transfer of Land Act 1958 In Schedule 5A for "a registered interstate practitioner" 30 (wherever occurring) substitute "an interstate practitioner". 73 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 Sch. Act No. 7. Trustee Companies Act 1984 In section 20A for "registered interstate practitioner" substitute "interstate practitioner". 5 74 531229B.I1-6/10/97

Legal Practice (Amendment) Act 1997 Notes Act No. NOTES 1 Section 39(2) provides similarly to this sub-section in a case of suspension of the practising certificate. 2 Other Parts of this Act impose requirements on interstate practitioners in relation to their legal practice in Victoria. For example, Part 6 requires interstate practitioners who establish a practice in Victoria to deal with trust money in accordance with that Part, Part 7 requires certain interstate practitioners to contibute to the Fidelity Fund and Part 8 requires interstate practitioners to have professional indemnity insurance. 3 The provisions of Part 5, which deals with disputes and discipline, apply generally to interstate practitioners practising in Victoria. 4 See note 6 (in the Notes to the Principal Act). 5 Section 171A provides that Part 5 (disputes and discipline) applies to registered foreign practitioners engaged in the practice of foreign law. 6 The Full Tribunal has a similar power to order costs in relation to appeals in disciplinary matters (see section 162). By Authority. Government Printer for the State of Victoria. 75 531229B.I1-6/10/97

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