LEGAL PROFESSION ACT 2004 (NO 99 OF 2004)
Table of Provisions
PART 1.1--PRELIMINARY
PART 1.2--INTERPRETATION
- 1.2.1 Definitions
- 1.2.2 Terms relating to lawyers
- 1.2.3 Terms relating to legal practitioners
- 1.2.4 Terms relating to associates and principals of law practices
- 1.2.5 Home jurisdiction
- 1.2.6 Suitability matters
- 1.2.7 Information notices
- 1.2.8 References to findings of guilt
- 1.2.9 References to Parts
PART 2.1--INTRODUCTION AND OVERVIEW
- 2.1.1 Simplified outline of Chapter
PART 2.2--RESERVATION OF LEGAL WORK AND LEGAL TITLES
Division 1--Preliminary
Division 2--General Prohibitions on Unqualified Practice
- 2.2.2 Prohibition on engaging in legal practice when not entitled
- 2.2.3 Prohibition on representing or advertising entitlement to engage in legal practice when not entitled
- 2.2.4 Presumptions about taking or using name, title or description specified in regulations
Division 3--Prohibitions regarding Associates
- 2.2.5 Definitions
- 2.2.6 Order disqualifying persons
- 2.2.7 Prohibition on certain associates
- 2.2.8 Approval of associates
Division 4--Further Prohibitions and Restrictions
- 2.2.9 Sharing income with unqualified persons
- 2.2.10 Permitting or assisting unqualified persons to practise
- 2.2.11 Prisoners must not practise
Division 5--General
- 2.2.12 Professional discipline
PART 2.3--ADMISSION OF LOCAL LAWYERS
Division 1--Preliminary
Division 2--Eligibility and Suitability for Admission
- 2.3.2 Eligibility for admission
- 2.3.3 Suitability for admission
Division 3--Admission to the Legal Profession
- 2.3.4 Application for admission
- 2.3.5 Admission fee
- 2.3.6 Admission by the Supreme Court
- 2.3.7 Roll of persons admitted to the legal profession
- 2.3.8 When is admission effective?
- 2.3.9 Local lawyer is officer of the Supreme Court
Division 4--Functions of Board of Examiners
- 2.3.10 Functions of Board of Examiners
- 2.3.11 Appeal to Supreme Court
Division 5--Admission Rules
PART 2.4--LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS
Division 1--Preliminary
Division 2--Legal Practice in this Jurisdiction by Australian Legal Practitioners
- 2.4.2 Entitlement of holder of Australian practising certificate to practise in this jurisdiction
Division 3--Local Practising Certificates Generally
- 2.4.3 Local practising certificates
- 2.4.4 Suitability to hold local practising certificate
- 2.4.5 Duration of local practising certificate
- 2.4.6 Local legal practitioner is officer of Supreme Court
Division 4--Grant or Renewal of Local Practising Certificates
- 2.4.7 Criteria for grant or renewal of local practising certificate
- 2.4.8 Application for grant or renewal of local practising certificate
- 2.4.9 Manner of application and fees
- 2.4.10 Timing of application for renewal of local practising certificate
- 2.4.11 Late application for renewal of practising certificate
- 2.4.12 Grant or renewal of local practising certificate
Division 5--Additional Conditions on Local Practising Certificates
- 2.4.13 Conditions generally
- 2.4.14 Conditions imposed by the Board
- 2.4.15 Variation or revocation of conditions
- 2.4.16 Imposition or variation of conditions pending criminal proceedings
- 2.4.17 Statutory condition regarding conditions imposed on interstate admission
- 2.4.18 Statutory condition regarding supervised legal practice
Division 6--Amendment, Suspension or Cancellation of Local Practising Certificates
- 2.4.19 Application of Division
- 2.4.20 Grounds for amending, suspending or cancelling local practising certificate
- 2.4.21 Amending, suspending or cancelling local practising certificate
- 2.4.22 Immediate suspension of local practising certificate
- 2.4.23 Effect of suspension
- 2.4.24 Other ways of amending or cancelling local practising certificate
- 2.4.25 Relationship of this Division with disciplinary provisions
Division 7--Special Powers in relation to Local Practising Certificates--Show Cause Events
- 2.4.26 Applicant for local practising certificate—show cause event
- 2.4.27 Holder of local practising certificate—show cause event
- 2.4.28 Refusal, amendment, suspension or cancellation of local practising certificate—failure to show cause
- 2.4.29 Restriction on making further applications
Division 8--Further Provisions Relating to Local Practising Certificates
- 2.4.30 Surrender and cancellation of local practising certificate
- 2.4.31 Return of local practising certificate
Division 9--Interstate Legal Practitioners
- 2.4.32 Extent of entitlement of interstate legal practitioner to practise in this jurisdiction
- 2.4.33 Additional conditions on practice of interstate legal practitioners
- 2.4.34 Notification requirements for interstate legal practitioners
- 2.4.35 Special provisions about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction
- 2.4.36 Interstate legal practitioner is officer of Supreme Court
Division 10--Reviews
- 2.4.37 Review of decisions about local practising certificates
- 2.4.38 Review of decisions about interstate legal practitioners
Division 11--Miscellaneous
- 2.4.39 Protocols
- 2.4.40 Consideration and investigation of applicants or holders
PART 2.5--SUITABILITY REPORTS
Division 1--Preliminary
Division 2--Police Reports
- 2.5.3 Criminal record checks and police reports
Division 3--Health Assessments
- 2.5.4 Health assessments
- 2.5.5 Appointment of health assessor
- 2.5.6 Health assessment report
- 2.5.7 Payment for health assessment and report
- 2.5.8 Use of health assessment report
Division 4--General
- 2.5.9 Confidentiality of reports
PART 2.6--INTER-JURISDICTIONAL PROVISIONS REGARDING ADMISSION AND PRACTISING CERTIFICATES
Division 1--Preliminary
- 2.6.1 Purpose
- 2.6.2 Other requirements not affected
Division 2--Notifications to be Given by Local Authorities to Interstate Authorities
- 2.6.3 Official notification to other jurisdictions of applications for admission and associated matters
- 2.6.4 Official notification to other jurisdictions of removals from local roll
- 2.6.5 Board to notify other jurisdictions of certain matters
Division 3--Notifications to be Given by Lawyers to Local Authorities
- 2.6.6 Lawyer to give notice of removal in another jurisdiction
- 2.6.7 Lawyer to give notice of removal in foreign country
- 2.6.8 Provisions relating to requirement to notify
Division 4--Taking of Action by Local Authorities in Response to Notifications Received
- 2.6.9 Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction
- 2.6.10 Peremptory cancellation of local practising certificate following removal of name from interstate roll
- 2.6.11 Order for non-removal of name or non-cancellation of local practising certificate
- 2.6.12 Show cause procedure for removal of lawyer's name from local roll following removal in foreign country
- 2.6.13 Local authority may give information to other local authorities
PART 2.7--INCORPORATED LEGAL PRACTICES AND MULTI-DISCIPLINARY PARTNERSHIPS
Division 1--Preliminary
- 2.7.1 Purposes
- 2.7.2 Definitions
- 2.7.3 Part does not apply to community legal centres
Division 2--Incorporated Legal Practices
- 2.7.4 Nature of incorporated legal practice
- 2.7.5 Non-legal services and businesses of incorporated legal practices
- 2.7.6 Corporations eligible to be incorporated legal practice
- 2.7.7 Notice of intention to start providing legal services
- 2.7.8 Prohibition on representations that corporation is incorporated legal practice
- 2.7.9 Notice of termination of provision of legal services
- 2.7.10 Incorporated legal practice must have legal practitioner director
- 2.7.11 Obligations of legal practitioner director relating to misconduct
- 2.7.12 Incorporated legal practice without legal practitioner director
- 2.7.13 Obligations and privileges of practitioners who are officers or employees
- 2.7.14 Conflicts of interest
- 2.7.15 Disclosure obligations
- 2.7.16 Effect of non-disclosure of provision of certain services
- 2.7.17 Application of legal profession rules
- 2.7.18 Requirements relating to advertising
- 2.7.19 Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices
- 2.7.20 Sharing of receipts
- 2.7.21 Disqualified persons
- 2.7.22 Audit of incorporated legal practice
- 2.7.23 Investigative powers relating to audits and other matters
- 2.7.24 Banning of incorporated legal practices
- 2.7.25 Disqualification from managing incorporated legal practice
- 2.7.26 Disclosure of information to Australian Securities and Investments Commission
- 2.7.27 External administration proceedings under Corporations Act
- 2.7.28 External administration proceedings under other legislation
- 2.7.29 Incorporated legal practice that is subject to receivership under this Act and external administration under the Corporations Act
- 2.7.30 Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation
- 2.7.31 Co-operation between courts
- 2.7.32 Relationship of Act to constitution of incorporated legal practice
- 2.7.33 Relationship of Act to legislation establishing incorporated legal practice
- 2.7.34 Relationship of Act to Corporations legislation
- 2.7.35 Undue influence
Division 3--Multi-disciplinary Partnerships
- 2.7.36 Nature of multi-disciplinary partnership
- 2.7.37 Conduct of multi-disciplinary partnerships
- 2.7.38 Notice of intention to start practice in multi-disciplinary partnership
- 2.7.39 General obligations of legal practitioner partners
- 2.7.40 Obligations of legal practitioner partner relating to misconduct
- 2.7.41 Actions of partner who is not an Australian legal practitioner
- 2.7.42 Obligations and privileges of practitioners who are partners or employees
- 2.7.43 Conflicts of interest
- 2.7.44 Disclosure obligations
- 2.7.45 Effect of non-disclosure of provision of certain services
- 2.7.46 Application of legal profession rules
- 2.7.47 Requirements relating to advertising
- 2.7.48 Sharing of receipts
- 2.7.49 Disqualified persons
- 2.7.50 Prohibition on partnerships with certain partners who are not Australian legal practitioners
- 2.7.51 Undue influence
Division 4--Miscellaneous
- 2.7.52 Obligations of individual practitioners not affected
- 2.7.53 Regulations
PART 2.8--LEGAL PRACTICE BY FOREIGN LAWYERS
Division 1--Preliminary
- 2.8.1 Purpose
- 2.8.2 Definitions
- 2.8.3 This Part does not apply to Australian legal practitioners
Division 2--Practice of Foreign Law
- 2.8.4 Requirement for registration
- 2.8.5 Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction
- 2.8.6 Scope of practice
- 2.8.7 Form of practice
- 2.8.8 Application of Australian professional ethical and practice standards
- 2.8.9 Designation
- 2.8.10 Letterhead and other identifying documents
- 2.8.11 Advertising
- 2.8.12 Foreign lawyer employing Australian legal practitioner
- 2.8.13 Trust money and trust accounts
- 2.8.14 Fidelity cover
Division 3--Local Registration of Foreign Lawyers Generally
- 2.8.15 Local registration of foreign lawyers
- 2.8.16 Duration of registration
- 2.8.17 Locally registered foreign lawyer is not officer of Supreme Court
Division 4--Application for Grant or Renewal of Local Registration
- 2.8.18 Application for grant or renewal of registration
- 2.8.19 Manner of application
- 2.8.20 Requirements regarding applications for grant or renewal of registration
Division 5--Grant or Renewal of Registration
- 2.8.21 Grant or renewal of registration
- 2.8.22 Requirement to grant or renew registration if criteria satisfied
- 2.8.23 Refusal to grant or renew registration
Division 6--Amendment, Suspension or Cancellation of Local Registration
- 2.8.24 Application of this Division
- 2.8.25 Grounds for amending, suspending or cancelling registration
- 2.8.26 Amending, suspending or cancelling registration
- 2.8.27 Operation of amendment, suspension or cancellation of registration
- 2.8.28 Other ways of amending or cancelling registration
- 2.8.29 Relationship of Division to Chapter 4
Division 7--Special Powers in relation to Local Registration--Show Cause Events
- 2.8.30 Applicant for local registration—show cause event
- 2.8.31 Locally registered foreign lawyer—show cause event
- 2.8.32 Refusal, amendment, suspension or cancellation of local registration—failure to show cause
- 2.8.33 Restriction on making further applications
Division 8--Further Provisions relating to Local Registration
- 2.8.34 Immediate suspension of registration
- 2.8.35 Surrender of local registration certificate and cancellation of registration
- 2.8.36 Automatic cancellation of registration on grant of practising certificate
- 2.8.37 Suspension or cancellation of registration not to affect disciplinary processes
- 2.8.38 Return of local registration certificate on amendment, suspension or cancellation of registration
Division 9--Conditions on Registration
- 2.8.39 Conditions generally
- 2.8.40 Conditions imposed by the Board
- 2.8.41 Statutory condition regarding notification of offence
- 2.8.42 Conditions imposed by legal profession rules
- 2.8.43 Compliance with conditions
Division 10--Interstate-registered Foreign Lawyers
- 2.8.44 Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction
- 2.8.45 Additional conditions on practice of interstate-registered foreign lawyers
Division 11--Miscellaneous
- 2.8.46 Consideration and investigation of applicants and holders
- 2.8.47 Publication of information about locally registered foreign lawyers
- 2.8.48 Supreme Court orders about conditions
- 2.8.49 Exemption by Board
- 2.8.50 Membership of professional association
- 2.8.51 Review by Tribunal
PART 2.9--COMMUNITY LEGAL CENTRES
- 2.9.1 Definitions
- 2.9.2 Supervising legal practitioner
- 2.9.3 Notification of temporary engagement of supervising legal practitioner
- 2.9.4 Entitlement to recover legal costs
- 2.9.5 Regulations
PART 3.1--INTRODUCTION AND OVERVIEW
- 3.1.1 Simplified outline of Chapter
PART 3.2--MANNER OF LEGAL PRACTICE
Division 1--Preliminary
Division 2--Legal Practice Generally
- 3.2.2 Co-advocacy
- 3.2.3 Client access
- 3.2.4 Compulsory clerking prohibited
- 3.2.5 Compulsory chambers prohibited
- 3.2.6 Sole practice by barristers
- 3.2.7 Robing not compulsory
- 3.2.8 Regulation of other businesses carried on by legal practitioners
Division 3--Rules for Australian Legal Practitioners and Locally-registered Foreign Lawyers
- 3.2.9 Rules for Australian legal practitioners
- 3.2.10 Rules for foreign lawyers
- 3.2.11 Subject-matter of legal profession rules
- 3.2.12 Prior consultation with professional associations
- 3.2.13 Public notice of proposed legal profession rules
Division 5--Rules for Approved Clerks
Division 6--General Provisions for Legal Profession Rules
Division 7--Competition
- 3.2.20 Board to investigate matters relating to competition
- 3.2.21 Law practice or practitioner must provide information and documents
- 3.2.22 Consultation and comment
- 3.2.23 Report of investigation
- 3.2.24 Tabling in Parliament and government response
PART 3.3--TRUST MONEY AND TRUST ACCOUNTS
Division 1--Preliminary
- 3.3.1 Purposes
- 3.3.2 Definitions
- 3.3.3 Money involved in financial services or investments
- 3.3.4 Determinations about status of money
- 3.3.5 Application of Part to law practices and trust money
- 3.3.6 Protocols for determining where trust money is received
- 3.3.7 When money is received
- 3.3.8 Discharge by legal practitioner associate of liability of law practice
- 3.3.9 Liability of principals of law practices
- 3.3.10 Former practices, principals, associates and approved clerks
Division 2--Trust Accounts and Trust Money
- 3.3.11 Maintenance of general trust account
- 3.3.12 Trust account details to be notified to Board
- 3.3.13 Certain trust money to be deposited in general trust account
- 3.3.14 Holding, disbursing and accounting for trust money
- 3.3.15 Controlled money
- 3.3.16 Transit money
- 3.3.17 Trust money subject to specific powers
- 3.3.18 Protection of trust money
- 3.3.19 Intermixing money
- 3.3.20 Dealing with trust money: legal costs and unclaimed money
- 3.3.21 Deficiency in trust account
- 3.3.22 Reporting certain irregularities and suspected irregularities—legal practitioners
- 3.3.23 Reporting irregularities—approved clerks
- 3.3.24 Application of privileges
- 3.3.25 Keeping trust records
- 3.3.26 False names
- 3.3.27 Reporting trust balances to the Board
Division 3--Investigations
- 3.3.28 When may an investigation be conducted?
- 3.3.29 Appointment of inspector
- 3.3.30 Identity card
- 3.3.31 Production of records
- 3.3.32 Power to question associates
- 3.3.33 Power to question approved clerks
- 3.3.34 Information from external examiners
- 3.3.35 Entry for compliance purposes
- 3.3.36 Entry or search regarding contraventions
- 3.3.37 Search warrants
- 3.3.38 Announcement before entry
- 3.3.39 Details of warrant to be given to occupier
- 3.3.40 Seizure of things not mentioned in the warrant
- 3.3.41 Retention and return of things seized under a search warrant
- 3.3.42 Copies of seized documents
- 3.3.43 Power to obtain information from other Australian legal practitioners and approved clerks
- 3.3.44 Power to obtain information from financial institutions and other specified bodies
- 3.3.45 Failure to comply with inspector
- 3.3.46 Application of privileges
- 3.3.47 Inspector must report on investigation
- 3.3.48 Cost of investigation
- 3.3.49 Secrecy
- 3.3.50 Rules for qualification of inspectors
Division 4--External Examinations
- 3.3.51 Approval of external examiners
- 3.3.52 Annual examination of trust records
- 3.3.53 Examination of affairs of law practice in connection with examination of trust records
- 3.3.54 Annual report of trust records examination or statutory declaration
- 3.3.55 Final examination of trust records
- 3.3.56 Disclosure of information
- 3.3.57 Board's supervisory role in examinations
- 3.3.58 Courses of education for examiners
Division 5--Provisions Relating to ADIs
- 3.3.59 Arrangements with ADIs
- 3.3.60 ADIs to notify Board of trust accounts
- 3.3.61 Reports, records and information
Division 6--Statutory Deposits
- 3.3.62 Definitions
- 3.3.63 Required deposit amount
- 3.3.64 Requirement to deposit with the Board
- 3.3.65 Determination of amount and timing of deposit
- 3.3.66 Repayment by Board
- 3.3.67 Division does not apply to controlled money accounts
- 3.3.68 Exemption by Board
- 3.3.69 Multiple trust accounts
Division 7--Approval of Clerks
Division 8--Miscellaneous
PART 3.4--COSTS DISCLOSURE AND REVIEW
Division 1--Preliminary
Division 2--Application of this Part
- 3.4.3 Application of Part—first instructions rule
- 3.4.4 Part also applies by agreement or at client's election
- 3.4.5 Displacement of Part
- 3.4.6 How and where does a client first instruct a law practice?
- 3.4.7 When does a matter have a substantial connection with this jurisdiction?
- 3.4.8 What happens when different laws apply to a matter?
Division 3--Costs Disclosure
- 3.4.9 Disclosure of costs to clients
- 3.4.10 Disclosure if another law practice is to be retained
- 3.4.11 How and when must disclosure be made?
- 3.4.12 Exceptions to requirement for disclosure
- 3.4.13 Additional disclosure—settlement of litigious matters
- 3.4.14 Additional disclosure—uplift fees
- 3.4.15 Form of disclosure
- 3.4.16 Ongoing obligation to disclose
- 3.4.17 Effect of failure to disclose
- 3.4.18 Progress reports
Division 4--Legal Costs Generally
- 3.4.19 On what basis are legal costs recoverable?
- 3.4.20 Security for legal costs
- 3.4.21 Interest on unpaid legal costs
- 3.4.22 Practitioner remuneration orders
- 3.4.23 Publication and availability of practitioner remuneration order
- 3.4.24 Disallowance of practitioner remuneration order
- 3.4.25 Legal Costs Committee
Division 5--Costs Agreements
Division 6--Billing
- 3.4.33 Legal costs cannot be recovered unless bill has been served
- 3.4.34 Bills
- 3.4.35 Notification of client's rights
- 3.4.36 Person may request itemised bill
- 3.4.37 Interim bills
Division 7--Costs Review by Taxing Master
- 3.4.38 Application by clients for costs review
- 3.4.39 Application for costs review by law practice retaining another law practice
- 3.4.40 Application for costs review by law practice giving bill
- 3.4.41 Consequences of application
- 3.4.42 Notification of application
- 3.4.43 Procedure on review
- 3.4.44 Criteria for review
- 3.4.45 Costs of review
- 3.4.46 Referral for disciplinary action
- 3.4.47 Appeal
- 3.4.48 Legal costs subject to a civil complaint are not reviewable
Division 8--Miscellaneous
PART 3.5--PROFESSIONAL INDEMNITY INSURANCE
- 3.5.1 Definition
- 3.5.2 Law practices required to insure
- 3.5.3 Australian-registered foreign lawyers required to insure
- 3.5.4 Community legal centres required to insure
- 3.5.5 Trade Practices Act and Competition Code
- 3.5.6 Terms and conditions of insurance
- 3.5.7 Exemption from insurance requirements
PART 3.6--FIDELITY COVER
Division 1--Preliminary
Division 2--Defaults to which this Part Applies
- 3.6.4 Meaning of relevant jurisdiction
- 3.6.5 Defaults to which this Part applies
- 3.6.6 Defaults relating to financial services or investments
Division 3--Claims about Defaults
- 3.6.7 Claims about defaults
- 3.6.8 Time limit for making claims
- 3.6.9 Advertisements
- 3.6.10 Time limit for making claims following advertisement
- 3.6.11 Claims not affected by certain matters
- 3.6.12 Investigation of claims
- 3.6.13 Advance payments
Division 4--Determination of Claims
- 3.6.14 Determination of claims
- 3.6.15 Maximum amount allowable
- 3.6.16 Costs
- 3.6.17 Interest
- 3.6.18 Reduction of claim because of other benefits
- 3.6.19 Subrogation
- 3.6.20 Repayment of certain amounts
- 3.6.21 Notification of delay in making decision
- 3.6.22 Notification of decision
- 3.6.23 Appeal against decision on claim
- 3.6.24 Appeal against failure to determine claim
- 3.6.25 Court proceedings
Division 5--Payments from Fidelity Fund for Defaults
Division 6--Claims by Law Practices or Associates
- 3.6.28 Claims by law practices or associates about defaults
- 3.6.29 Claims by law practices or associates about notional defaults
Division 7--Defaults Involving Interstate Elements
- 3.6.30 Concerted interstate defaults
- 3.6.31 Defaults involving interstate elements if committed by one associate only
Division 8--Inter-jurisdictional Provisions
- 3.6.32 Protocols
- 3.6.33 Forwarding of claims
- 3.6.34 Investigation of defaults to which this Part applies
- 3.6.35 Investigation of defaults to which a corresponding law applies
- 3.6.36 Investigation of concerted interstate defaults and other defaults involving interstate elements
- 3.6.37 Recommendations by Board to corresponding authorities
- 3.6.38 Recommendations to and decisions by Board after receiving recommendations from corresponding authorities
- 3.6.39 Request to another jurisdiction to investigate aspects of claim
- 3.6.40 Request from another jurisdiction to investigate aspects of claim
- 3.6.41 Co-operation with other authorities
Division 9--Miscellaneous
PART 4.1--INTRODUCTION AND APPLICATION
Division 1--Preliminary
Division 2--Application of Chapter
- 4.1.2 Application of Chapter to practitioners and law practices
- 4.1.3 Application of Chapter to lawyers, former lawyers and former practitioners
- 4.1.4 Conduct to which this Chapter applies—generally
- 4.1.5 Conduct to which this Chapter applies—insolvency, serious offences and tax offences
PART 4.2--MAKING A COMPLAINT
- 4.2.1 Complaints
- 4.2.2 Civil complaints and disputes
- 4.2.3 Disciplinary complaints
- 4.2.4 Who may make a complaint
- 4.2.5 To whom is a complaint made?
- 4.2.6 Form and content of complaint
- 4.2.7 Time limits for complaints
- 4.2.8 Notification
- 4.2.9 Further information from complainant
- 4.2.10 Summary dismissal of complaints
- 4.2.11 Dealing with complaints
- 4.2.12 Information about complaints procedure
- 4.2.13 No Tribunal fees
- 4.2.14 Compensation orders
- 4.2.15 Waiver of privilege or duty of confidentiality
- 4.2.16 Ex gratia payments to complainants
PART 4.3--CIVIL COMPLAINTS AND DISPUTES
Division 1--Application of Part
- 4.3.1 Application of Part
Division 2--Dealing with Civil Complaints
- 4.3.2 Effect of complaint on other proceedings
- 4.3.3 Lodgement of disputed legal costs with Commissioner
- 4.3.4 Dealing with lodged costs
- 4.3.5 Commissioner to attempt to resolve civil dispute
- 4.3.6 What happens if civil dispute is unsuitable for resolution by Commissioner?
- 4.3.7 What happens if dispute resolution fails?
Division 3--Mediation
- 4.3.8 Application of Division
- 4.3.9 Appointment of mediator
- 4.3.10 Mediation
- 4.3.11 Admissibility of evidence and documents
- 4.3.12 Mediation agreements
- 4.3.13 What happens if a party does not attend a mediation?
- 4.3.14 What happens if mediation is not successful?
Division 4--Resolution of Civil Disputes by the Tribunal
PART 4.4--DISCIPLINARY COMPLAINTS AND DISCIPLINE
Division 1--Application of Part
- 4.4.1 Application of Part
Division 2--Key Concepts
- 4.4.2 Unsatisfactory professional conduct
- 4.4.3 Professional misconduct
- 4.4.4 Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
- 4.4.5 Conduct that constitutes unsatisfactory professional conduct
- 4.4.6 Conduct that constitutes professional misconduct
Division 3--Investigations
- 4.4.7 Disciplinary complaints to be investigated
- 4.4.8 Investigations without complaint
- 4.4.9 Referral to prescribed investigatory body
- 4.4.10 Role of prescribed investigatory body on a referral
- 4.4.11 Practitioner, law practice and others to provide information and documents
- 4.4.12 Investigation to be conducted expeditiously
- 4.4.13 What happens after an investigation is completed?
- 4.4.14 Notice of decision
Division 4--Proceedings in the Tribunal
- 4.4.15 Tribunal to hear and determine application
- 4.4.16 Determinations of Tribunal
- 4.4.17 Orders requiring official implementation in this jurisdiction
- 4.4.18 Orders requiring official implementation in another jurisdiction
- 4.4.19 Orders requiring compliance by practitioner
- 4.4.20 Alternative finding
Division 5--Rehearings
- 4.4.21 Application for rehearing
- 4.4.22 Parties and notice
- 4.4.23 Rehearing
- 4.4.24 Effect of first instance order pending rehearing
Division 6--Publicising Disciplinary Action
- 4.4.25 Definitions
- 4.4.26 Register of Disciplinary Action
- 4.4.27 Publication of information on Register
- 4.4.28 Other means of publicising disciplinary action
- 4.4.29 Information not to be published pending rehearing or appeal
- 4.4.30 Person with infirmity, injury or illness
- 4.4.31 General provisions about disclosure of information
Division 7--Inter-jurisdictional Provisions
- 4.4.32 Protocols
- 4.4.33 Request to another jurisdiction to investigate complaint or conduct
- 4.4.34 Request from another jurisdiction to investigate complaint or conduct
- 4.4.35 Sharing of information with corresponding authorities
- 4.4.36 Co-operation with corresponding authorities
- 4.4.37 Compliance with orders made under corresponding laws
- 4.4.38 Other powers or functions not affected
Division 8--Miscellaneous
- 4.4.39 Jurisdiction of Supreme Court
PART 5.1--INTRODUCTION AND APPLICATION
- 5.1.1 Purposes
- 5.1.2 Definitions
- 5.1.3 Application of Chapter to Australian-registered foreign lawyers
- 5.1.4 Application of Chapter to other persons
PART 5.2--INITIATION OF EXTERNAL INTERVENTION
- 5.2.1 Circumstances warranting external intervention
- 5.2.2 Determination regarding external intervention
PART 5.3--SUPERVISORS
- 5.3.1 Appointment of supervisor
- 5.3.2 Notice of appointment
- 5.3.3 Effect of service of notice of appointment
- 5.3.4 Role of supervisor
- 5.3.5 Powers of entry etc.
- 5.3.6 Records of and dealing with trust money of law practice under supervision
- 5.3.7 Termination of supervisor's appointment
PART 5.4--MANAGERS
- 5.4.1 Appointment of manager
- 5.4.2 Notice of appointment
- 5.4.3 Effect of service of notice of appointment
- 5.4.4 Role of manager
- 5.4.5 Powers of entry etc.
- 5.4.6 Records and accounts of law practice under management and dealings with trust money
- 5.4.7 Deceased estates
- 5.4.8 Termination of manager's appointment
PART 5.5--RECEIVERS
- 5.5.1 Appointment of receiver
- 5.5.2 Notice of appointment
- 5.5.3 Effect of service of notice of appointment
- 5.5.4 Role of receiver
- 5.5.5 Records and accounts of law practice under receivership and dealings with trust money
- 5.5.6 Power of receiver to take possession of regulated property
- 5.5.7 Power of receiver to take delivery of regulated property
- 5.5.8 Power of receiver to deal with regulated property
- 5.5.9 Power of receiver to require documents or information
- 5.5.10 Examinations
- 5.5.11 Lien for costs on regulated property
- 5.5.12 Regulated property not to be attached
- 5.5.13 Receiver may recover money paid away in bets
- 5.5.14 Recovery of regulated property where there has been a breach of trust etc.
- 5.5.15 Improperly destroying property etc.
- 5.5.16 Deceased estates
- 5.5.17 Termination of receiver's appointment
PART 5.6--GENERAL
- 5.6.1 Conditions on appointment of external intervener
- 5.6.2 Status of acts of external intervener
- 5.6.3 Eligibility for reappointment or authorisation
- 5.6.4 Appeal against appointment
- 5.6.5 Directions of Supreme Court
- 5.6.6 Requirement for ADI to disclose and permit access to accounts
- 5.6.7 Fees, legal costs and expenses
- 5.6.8 Reports by external intervener
- 5.6.9 Confidentiality
- 5.6.10 External intervener may be reimbursed for damages
PART 6.1--INTRODUCTION AND OVERVIEW
PART 6.2--LEGAL SERVICES BOARD
Division 1--The Board
Division 2--Membership
- 6.2.5 Membership
- 6.2.6 Chairperson and deputy chairperson
- 6.2.7 Judge or former judge appointed as chairperson
- 6.2.8 Elected members
- 6.2.9 Appointed members
- 6.2.10 Payment of members
- 6.2.11 Acting appointments
- 6.2.12 When does a member's office become vacant?
- 6.2.13 Casual vacancies of elected members
Division 3--Performance of Functions
Division 4--The Register
- 6.2.23 Keeping the Register
- 6.2.24 Requirement to notify the Board of change of information
PART 6.3--LEGAL SERVICES COMMISSIONER
Division 1--Establishment, Objectives, Functions and Powers
Division 2--Appointment, Terms of Office and Removal
- 6.3.5 Initial appointment of Commissioner
- 6.3.6 Subsequent appointment of Commissioner
- 6.3.7 Payment
- 6.3.8 Acting Commissioner
- 6.3.9 When does the Commissioner's office become vacant?
- 6.3.10 Validity of acts and decisions
- 6.3.11 Immunity
- 6.3.12 Delegation
- 6.3.13 Annual report
- 6.3.14 Other reports
- 6.3.15 Guidelines
PART 6.4--GENERAL PROVISIONS FOR THE BOARD AND THE COMMISSIONER
Division 1--Staffing
Division 2--Confidentiality
PART 6.5--ADMISSION BODIES
Division 1--Council of Legal Education
- 6.5.1 Composition of Council
- 6.5.2 Functions
- 6.5.3 Membership provisions
- 6.5.4 Meetings
- 6.5.5 Deputy for Attorney-General
- 6.5.6 Staff and consultants
- 6.5.7 Delegation
- 6.5.8 Validity of acts or decisions
Division 2--Board of Examiners
- 6.5.9 Composition of Board of Examiners
- 6.5.10 Functions and powers
- 6.5.11 Membership provisions
- 6.5.12 Resignation and removal
- 6.5.13 Chairperson
- 6.5.14 Meetings
- 6.5.15 Deputy for Attorney-General or Solicitor-General
- 6.5.16 Other deputy members
- 6.5.17 Staff and consultants
- 6.5.18 Validity of acts or decisions
PART 6.6--LEGAL PRACTITIONERS' LIABILITY COMMITTEE
Division 1--Liability Committee
- 6.6.1 Continuation of Committee
- 6.6.2 Liability Committee not to represent the Crown
- 6.6.3 Functions and powers
- 6.6.4 Membership
- 6.6.5 Qualifications for membership
- 6.6.6 Payment of members
- 6.6.7 Acting members
- 6.6.8 Meetings
- 6.6.9 Resolutions without meetings
- 6.6.10 Validity of acts or decisions
- 6.6.11 Conflicts of interest
- 6.6.12 Staff and consultants
- 6.6.13 Confidentiality
- 6.6.14 Annual report
Division 2--Legal Practitioners' Liability Fund
- 6.6.15 Requirement for Liability Fund
- 6.6.16 Payments into Liability Fund
- 6.6.17 Payments out of Liability Fund
- 6.6.18 Investment of Fund
- 6.6.19 Levies
PART 6.7--FUNDING
Division 1--Public Purpose Fund
- 6.7.1 Public Purpose Fund
- 6.7.2 Accounts in Public Purpose Fund
- 6.7.3 General Account
- 6.7.4 Statutory Deposit Account
- 6.7.5 Distribution Account
- 6.7.6 Expenses of the Board
- 6.7.7 Expenses of the Commissioner
- 6.7.8 Expenses of the Tribunal
- 6.7.9 Legal aid funding
- 6.7.10 Funding of law-related services and activities
- 6.7.11 Board may take into account previous funding
- 6.7.12 Timing of payments and instalments
- 6.7.13 Payments to Fidelity Fund
- 6.7.14 Payments to professional associations for continuing legal education programs etc.
Division 2--Fidelity Fund
Division 3--Fidelity Fund Contributions and Levies
- 6.7.24 Determination of contributor classes
- 6.7.25 Determination of contributions
- 6.7.26 Payment of contributions in respect of local practising certificates
- 6.7.27 Payment of contributions by interstate legal practitioners
- 6.7.28 Payment of contributions by community legal centres
- 6.7.29 Payment of contributions by approved clerks
- 6.7.30 Persons who are members of more than one class
- 6.7.31 Determination of levy
- 6.7.32 Who must pay a levy?
- 6.7.33 When is a levy payable?
- 6.7.34 Board may recover contribution or levy
- 6.7.35 Employer must pay contribution or levy or reimburse employee
PART 7.1--REGULATION OF CONVEYANCING BUSINESSES
- 7.1.1 Definitions
- 7.1.2 Employment or engagement in conveyancing business
- 7.1.3 Authorisation of employment or engagement
- 7.1.4 Unqualified persons must inform prospective employers
- 7.1.5 Conveyancers must disclose insurance etc.
- 7.1.6 Board may require information and documents from conveyancers
PART 7.2--GENERAL PROVISIONS
Division 1--Notices and Evidentiary Matters
- 7.2.1 Service of notices on local legal practitioners, locally registered foreign lawyers and law practices
- 7.2.2 Service on the Board and Commissioner
- 7.2.3 Service of notices on other persons
- 7.2.4 When is service effective?
- 7.2.5 Evidentiary matters
Division 2--Investigation and Prosecution of Offences
- 7.2.6 Board may appoint person to investigate
- 7.2.7 Assistance with investigation
- 7.2.8 Investigator must report on investigation
- 7.2.9 Secrecy
- 7.2.10 Who may prosecute offences?
Division 3--General
- 7.2.11 Liability for negligence etc.
- 7.2.12 Liability of principals
- 7.2.13 Injunctions
- 7.2.14 Disclosure of information by local regulatory authorities
- 7.2.15 Confidentiality of personal information
- 7.2.16 Destruction of documents
Division 4--Regulations
PART 8.1--REPEALS AND AMENDMENTS
PART 8.2--TRANSITIONAL PROVISIONS
- 8.2.1 Transitional provisions