Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.4.42.

2.4.42. Show cause procedure for removal of lawyer's name from local roll
following cancellation of interstate practising certificate or guilty finding

(1) This section applies if the Board is satisfied that-

   (a)  a local lawyer's interstate practising certificate has been cancelled;
        or

   (b)  a local lawyer has been found guilty, in Victoria or elsewhere in
        Australia, of an offence-

whether before or after the commencement of this section.

(2) The Board may serve on the lawyer a notice stating that the Board will
apply to the Supreme Court for an order that the lawyer's name be removed from
the local roll unless the lawyer shows cause to the Board why his or her name
should not be removed.

(3) If the lawyer does not satisfy the Board that his or her name should not
be removed from the local roll, the Board may apply to the Supreme Court for
an order that his or her name be removed from the local roll.

(4) Before applying for an order that the lawyer's name be removed, the Board
must afford the lawyer a reasonable opportunity to show cause why his or her
name should not be removed.

(5) The Supreme Court may, on application made under this section, order that
the lawyer's name be removed from the local roll, or may refuse to do so.

(6) The lawyer is entitled to appear before and be heard by the Supreme Court
at a hearing in respect of an application under this section.

__________________

Division 1-Preliminary