Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.2.4.

Presumptions about taking or using name, title or description specified in regulations

2.2.4. Presumptions about taking or using name, title or description specified
in regulations



(1) This section applies to the following names, titles and descriptions-

   (a)  legal practitioner;

   (b)  barrister;

   (c)  solicitor;

   (d)  attorney;

   (e)  counsel;

   (f)  Queen's Counsel;

   (g)  King's Counsel;

   (h)  Her Majesty's Counsel;

        (i)    His Majesty's Counsel;

   (j)  Senior Counsel.

(1A) The regulations may specify the kind of persons who are entitled, and the
circumstances in which they are entitled, to take or use a name, title or
description to which this section applies.





(2) For the purposes of section 2.2.3(1), the taking or using of a name, title
or description to which this section applies by a person who is not entitled
to take or use that name, title or description gives rise to a rebuttable
presumption that the person represented that they are entitled to engage in
legal practice.

(3) For the purposes of section 2.2.3(2), the taking or using of a name, title
or description to which this section applies by a person in relation to a body
corporate, of which the person is a director, officer, employee or agent,
gives rise to a rebuttable presumption that the person represented that the
body corporate is entitled to engage in legal practice.

Division 3-Prohibitions regarding associates