Western Australian Consolidated Acts

LEGAL PROFESSION ACT 2008 - SECT 71

71 .         Notification requirements for interstate legal practitioners

        (1)         An interstate legal practitioner who establishes an office in this jurisdiction must give written notice to the Board in accordance with this section within 28 days after establishing the office.

        Penalty: a fine of $5 000.

        (2)         The notice must contain —

            (a)         the practitioner’s name, date of birth and date of admission to the legal profession; and

            (b)         the name of any law practice of which the practitioner is a principal or employee, or any other person or body of which the practitioner is an employee; and

            (c)         if the practitioner is a sole practitioner, any business names under which the practitioner engages in legal practice; and

            (d)         any condition to which the practitioner is subject in respect of his or her legal practice in his or her home jurisdiction or elsewhere; and

            (e)         an address in this jurisdiction for service of notices and other documents on the practitioner; and

            (f)         a statement as to whether the practitioner has established, or intends to establish, an office in this jurisdiction; and

            (g)         a statement as to whether the practitioner is entitled to receive trust money, or to withdraw trust money from a trust account; and

            (h)         the information prescribed by the regulations (if any).

        (3)         A notice under this section must be accompanied by —

            (a)         satisfactory evidence, in an approved form, that the interstate legal practitioner has professional indemnity insurance that complies with the requirements under this Act; and

            (b)         the required contribution to the Guarantee Fund under section 338, if any.

        (4)         If an interstate legal practitioner who has indicated that he or she does not intend to establish an office in this jurisdiction subsequently establishes an office in this jurisdiction, the practitioner must give notice to the Board within 14 days.

        (5)         For the purposes of this section, an interstate legal practitioner establishes an office in this jurisdiction when the practitioner first offers or provides legal services to the public in this jurisdiction from an office maintained by the practitioner, or by a principal of a law practice of which the practitioner is an associate, for that purpose in this jurisdiction.