Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.4.9.

Manner of application and fees

2.4.9. Manner of application and fees



(1) An application for the grant or renewal of a local practising certificate-

   (a)  must be in a form approved by the Board; and

   (b)  must be accompanied by-

   (i)  the prescribed fee for the certificate; and

   (ii) the required contribution to the Fidelity Fund (if any) under section
        6.7.26; and

   (iii) a statutory declaration in the form approved by the Board; and

   (iv) satisfactory evidence, in a form approved by the Board, that the
        applicant is, or will be at the time of commencing to engage in legal
        practice, covered by professional indemnity insurance as required by
        this Act; and

   (c)  if the application is for the grant or renewal of a certificate that
        authorises the receipt of trust money, must also be accompanied by
        satisfactory evidence that the applicant has completed a course of
        study (if any) approved by the Board for the purposes of this
        Division.

(2) A person-

   (a)  who applies for the grant of a practising certificate during the first
        3 months of a financial year; and





   (b)  who was a local legal practitioner immediately before the end of the
        previous financial year-

must pay a surcharge of 200% of the prescribed fee for the certificate.

(3) Subsection (2) does not apply if the application is accompanied by a
statutory declaration from the applicant stating-

   (a)  that the applicant has not engaged in legal practice since the end of
        the previous financial year; and

   (b)  that, as at the end of the previous financial year, the applicant did
        not intend to engage in legal practice for at least the first 3 months
        of the current financial year; and

   (c)  the reasons why the intention referred to in paragraph (b) has
        changed.

(4) The Board may refund all or part of a surcharge paid under subsection (2)
if it considers that there are special circumstances.

(4A) A fee or surcharge is not payable for a local practising certificate that
authorises the holder to engage in legal practice only as a volunteer at a
community legal centre.



(5) An applicant for renewal of a local practising certificate must, on or
before 31 May, give the Board satisfactory evidence, in a form approved by the
Board, that the applicant has professional indemnity insurance as required by
this Act in respect of the year for which renewal of the practising
certificate is sought.





(6) If, as at 31 May, an applicant for renewal of a local practising
certificate-

   (a)  has not complied with subsection (5); or

   (b)  has not complied with section 3.3.54 in relation to the preceding
        audit year; or

   (c)  has not restored a deficiency in a trust account of the applicant as
        revealed by the examination report in relation to that account-

the Board must give notice to the applicant on or before 15 June of the
failure to comply or to restore the deficiency.

(7) Renewal of a local practising certificate does not take effect-

   (a)  in the circumstances referred to in subsection (6)(a) or (b)-until the
        applicant has remedied the failure to comply to the satisfaction of
        the Board; or

   (b)  in the circumstances referred to in subsection (6)(c)-until the
        deficiency has been restored to the satisfaction of the Board.

(8) If the renewal of a local practising certificate does not take effect
because of subsection (7), the Australian lawyer must surrender the
certificate to the Board within 14 days after being requested to do so by the
Board, unless the renewal has taken effect in the meantime.

Penalty: 20 penalty units.