LEGAL PRACTICE ACT 2003 (NO. 64 OF 2003)
LEGAL PRACTICE ACT 2003 (NO. 64 OF 2003)
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Interpretation
4. Meaning of “engage in legal practice”
5. Notes
PART 2 -- The Legal Practice Board
6. Legal Practice Board established
7. Members of the Board
8. Who may vote in election
9. Functions of the Board
10. Committees
11. Delegation
12. Powers of the Board
13. Application of funds
14. Accounts and records
15. Audit
16. Execution of documents by the Board
17. Annual and other reports
18. Protection from liability
PART 3 -- Articled clerks
19. Who may be an articled clerk
20. Who may have an articled clerk
21. Articles of clerkship
22. Continuation of articles
23. Articled clerk not to undertake other employment without consent
24. Service under articles to accord with Act
25. Reports to Board
26. Cancellation of articles
PART 4 -- Admission of legal practitioners
27. Qualifications for admission of legal practitioners
28. Admission of legal practitioner
29. Objection to admission
30. Admission by Full Court
31. Roll of Practitioners
32. Certificate of admission
33. Restrictions on entitlement to practise
34. Re-admission as a legal practitioner
PART 5 -- Practice certificates
35. Requirement to hold practice certificate
36. Legal practitioner employed by this State
37. Application for practice certificate
38. Refusal of application
39. Unfit, incapable or insolvent practitioners
40. Conditions may be imposed upon practice certificate
41. Board’s powers of inquiry
42. Duration of practice certificate
43. Suspension or cancellation of practice certificate after disciplinary proceedings
44. Appeals
PART 6 -- Business structures
Division 1 -- General
45. Practitioner may practise under any business structure
46. Obligations of individual legal practitioners not affected
Division 2 -- Incorporated legal practices
47. Nature of incorporated legal practice
48. Services and businesses of incorporated legal practices
49. Corporations eligible to be incorporated legal practices
50. Notice by corporation
51. Responsibilities of legal practitioner director
52. Obligations of legal practitioner director relating to unsatisfactory conduct
53. Absence of legal practitioner director
54. Obligations of legal practitioners who are officers or employees
55. Professional privileges
56. Pro bono services
57. Conflicts of interest
58. Disclosure obligations
59. Application of rules to incorporated legal practice
60. Requirements relating to professional indemnity insurance
61. Requirements relating to advertising
62. Requirements relating to legal fees and costs
63. Requirements relating to trust accounts
64. Part 11 (except section 150) does not apply to incorporated legal practice
65. Extension of vicarious liability of incorporated legal practice
66. Prohibition on association with prohibited persons
67. Investigative powers relating to incorporated legal practices
68. Audit of incorporated legal practice
69. Banning of incorporated legal practice
70. Disqualification from managing incorporated legal practice
71. Disclosure of information to ASIC
72. Relationship to Corporations legislation and certain other instruments
73. Undue influence
Division 3 -- Multi-disciplinary partnerships
74. Nature of multi-disciplinary partnerships
75. Conduct of multi-disciplinary partnerships
76. Responsibilities of legal practitioner partner
77. Obligations of legal practitioner partner related to unsatisfactory conduct
78. Actions that may be taken by non-legal partner
79. Professional obligations and privileges of legal practitioners who are partners or employees
80. Conflicts of interest
81. Disclosure obligations
82. Application of rules to legal practitioner partners and employees
83. Requirements relating to advertising
84. Requirements relating to legal fees and costs
85. Requirements relating to trust accounts
86. Prohibited person must not act as employee or partner
87. Prohibition on partnerships with certain non-legal partners
88. Undue influence
PART 7 -- Interstate practitioners
Division 1 -- Preliminary
89. When an interstate practitioner establishes an office
Division 2 -- Legal practice by interstate practitioners
90. Interstate practitioner may practise in this State
91. Notification of establishment of office required
92. Requirements relating to professional indemnity insurance
93. Requirements relating to Guarantee Fund
Division 3 -- Complaints and discipline
94. Local practitioners
95. Referral of complaints and disciplinary matters to regulatory authorities in other States
96. Dealing with matters referred by regulatory authorities in other States
97. Furnishing information
Division 4 -- Miscellaneous
98. Local practitioners are subject to interstate regulatory authorities
99. Local practitioner receiving trust moneys interstate
100. Regulatory authority may exercise powers conferred by law of another State
PART 8 -- Foreign lawyers
Division 1 -- Preliminary
101. Practice of foreign law defined
102. Who may practise foreign law
Division 2 -- Registration of foreign lawyers
103. Applying for registration
104. Registration fee
105. Registration
106. Conditions may be imposed on registration
107. Applicant to be notified of decision
108. Fees to be paid by registered foreign lawyers
109. Register
110. Suspending registration
111. Effect of suspension
112. Cancelling registration
113. Appeals
Division 3 -- Practising foreign law
114. Scope of practice allowed
115. Form of practice
116. Letterhead and other identifying documents
117. Designation
118. Employment of certificated practitioners by registered foreign lawyers
119. Employment of registered foreign lawyers by certificated practitioners etc.
120. Professional indemnity insurance
121. Trust accounts
122. Exemption may be granted by Board
PART 9 -- Unqualified and prohibited practice
123. Prohibition on unqualified legal practice
124. No liability in certain cases
125. Offence by corporation
126. Certificated practitioner acting as agent for unqualified person
127. Allowing unqualified person to act as practitioner
128. Unqualified person making false representation to be practitioner
129. Practitioner making false representation to be certificated
130. Sharing receipts
131. Employment or engagement of practitioner without practice certificate
132. Prohibition on employment or engagement of certain non-legal persons
133. Associates who are prohibited persons
134. Part does not affect operation of Fair Trading Act
135. Appeal
PART 10 -- Trust accounts
136. Interpretation
137. Trust moneys to be paid to trust account
138. Application of trust moneys to payment of costs
139. Banks not to be concerned as to the application of, or to have recourse against, trust moneys
140. Legal practitioners to maintain books of account
141. Receipt of cheques
142. Board may appoint accountant to examine books of account
143. Examiner may require production of books and documents
144. Limitation on disclosure of matters revealed in the course of examinations
145. Action on examiner’s report
146. Legal practitioners to make payments towards Guarantee Fund
147. Accountant’s certificate
PART 11 -- Supervisors and managers
148. Interpretation
149. Restraint on bank accounts
150. Control of trust moneys by Legal Contribution Trust
151. Special powers of the Board
152. Functions of supervising solicitor
153. Payment of moneys out of separate account
154. Power of Board to appoint legal practitioner to inquire into and report on practice
155. Board may apply to Judge for an order
156. Power of Judge
157. Effect of certain orders
158. Offence
PART 12 -- Complaints and discipline
Division 1 -- General
159. Interpretation
160. Application
161. Jurisdiction of Supreme Court not affected
Division 2 -- Disciplinary bodies
Subdivision 1 -- Complaints Committee
162. Complaints Committee established
163. Members of the Complaints Committee
164. Functions of the Complaints Committee
165. Constitution and procedure of Complaints Committee
166. Reports
167. The Law Complaints Officer
Subdivision 2 -- The Disciplinary Tribunal
168. Disciplinary Tribunal established
169. Composition of Disciplinary Tribunal
170. Chairperson of the Disciplinary Tribunal
171. Constitution and procedure of Disciplinary Tribunal
172. Functions of the Disciplinary Tribunal
173. Registrar
174. Annual report
Division 3 -- Complaints about legal practitioners
175. Making of complaints
Division 4 -- Conciliation and disciplinary proceedings -- Complaints Committee
176. Conciliation
177. Summary professional disciplinary jurisdiction
178. Finding where legal practitioner convicted of an offence
179. Disciplinary action against foreign lawyer
180. Referral by Committee to Disciplinary Tribunal
181. Complainant may refer complaint to Disciplinary Tribunal
182. Interim restrictions on practice
Division 5 -- Disciplinary proceedings before Disciplinary Tribunal
183. Referral to be dealt with expeditiously
184. Proceedings before the Disciplinary Tribunal
185. Powers of the Disciplinary Tribunal in relation to individual legal practitioner
186. Disciplinary action against foreign lawyer
187. Orders of the Tribunal
188. Other powers of Tribunal in relation to insolvent, incapable and unfit practitioners
189. Powers of Tribunal in relation to legal practitioner director where practice has not complied with insurance obligations
190. Finding where legal practitioner convicted of an offence
191. Costs and expenses
192. Enforcement of orders
193. Contempt of Tribunal
194. Court to punish
Division 6 -- Practice and procedure of disciplinary bodies generally
195. Summons
196. Representation
197. Hearings generally not to be public
198. Powers of disciplinary bodies
199. Possession of records and other things
200. Evidentiary material
201. Claims of privilege
Division 7 -- Miscellaneous
202. Appeals
203. Effect of striking off or suspension
204. Legal practitioners struck off or suspended in other jurisdictions
205. Protection of persons
PART 13 -- Costs
Division 1 -- The Legal Costs Committee and determination of remuneration
206. Interpretation
207. Legal Costs Committee established
208. Nominations
209. Constitution and procedure
210. Legal costs determinations
211. Review of determinations
212. Inquiries by the Legal Costs Committee
213. Notice and submissions in respect of determination
214. Report and publication of legal costs determinations
215. Effect of determination
216. Reports
217. Use of staff and facilities of departments
218. Funds
219. Application of Financial Administration and Audit Act 1985
Division 2 -- Entitlement to remuneration
220. Interpretation
221. Costs agreement
222. Review of costs agreement
223. Saving in certain cases
224. Avoidance of costs agreement in certain cases
225. Security for costs
226. Costs where legal practitioner employed by this State in a salaried capacity
227. Act not to validate purchase of client’s interest, nor agreement for payment only in event of success
Division 3 -- Taxation and recovery of costs
228. Interpretation
229. Taxing officer’s discretionary powers
230. Bill of costs to be served before suit
231. Party may request bill for detailed items
232. Party charged with itemised bill may give notice of intention to tax
233. Party not served with requested itemised bill may have lump sum bill taxed
234. Taxing officer may order more detailed bill
235. Effect of costs agreement
236. Stay of recovery proceedings
237. Bill of costs to be lodged with taxing officer
238. Time and place of taxation
239. Costs of taxation
240. Certification, interest, amount, how recovered
241. Taxation of Legal Aid Commission bill of costs
242. Review of taxation
243. Overpayments to be returnable
Division 4 -- General
244. Legal practitioner’s costs to be a first charge on the property recovered or preserved
245. Town agent entitled to prior charge
246. Legal practitioner may charge interest on moneys disbursed
PART 14 -- Professional indemnity insurance
247. Regulations as to professional indemnity insurance
PART 15 -- Miscellaneous
248. Evidentiary material
249. Judicial notice
SCHEDULE 1 -- Provisions as to the constitution and procedure of the Board
SCHEDULE 2 -- Provisions as to the constitution and procedure of the Complaints Committee
SCHEDULE 3 -- Provisions as to the constitution and procedure of the Disciplinary Tribunal
SCHEDULE 4 -- Provisions as to constitution and procedure of the Legal Costs Committee
[Assented to 4 December 2003]