LEGAL PRACTITIONERS ACT 1893
Table of Provisions
- 1 Short title
- 2 Repeal
- 3 Interpretation
PART I -- The Legal Practice Board
- 4 Constitution of The Legal Practice Board
- 5 Board may sue, prosecute, and defend
- 6 Power to make rules
- 6A Property vested in Board
- 7 Application of funds
- 7A Accounts
- 7B Audit
- 7C Annual report
- 8 Board may appoint and pay officers
PART II -- Articled clerks
- 9 Conditions for the articling of clerks
- 10 Restrictions as to articled clerks
- 11 Articles may be assigned in certain cases
- 12 Articles to be under seal and registered
- 13 Articled clerk not to be engaged in other employment without consent of practitioner with whom the articles are served
- 14 Preliminary examination not required of articled clerks who have matriculated
- 14A Service under articles to accord with Act and rules
- 14B If valid service not performed, practitioner to report to Board
- 14C Cancellation of articles
PART III -- Admission of practitioners
- 15 Admission of practitioners
- 16 Qualifications of managing clerks for admission as practitioners
- 16A Restrictions on entitlement to practise
- 17 Power of The Legal Practice Board to make rules
- 19 Power of The Legal Practice Board to dispense with part of term
- 20 Further qualifications for admission
- 21 Objection to admission
- 22 Admission by Full Court
- 23 Practitioners on admission to sign roll
- 24 Certificate of admission
PART IV -- Professional conduct and discipline
Division 1 -- Inquiry as to complaints
- 25 The Complaints Committee
- 26 The Law Complaints Officer
- 27 Complaints procedure
- 28 Effect of summons
Division 2 -- Disciplinary proceedings
- 28A Summary professional disciplinary jurisdiction
- 28B Complaints Committee may give effect to a negotiated settlement
- 28C References for hearing by the Disciplinary Tribunal
- 28D The Disciplinary Tribunal
- 28E Composition, constitution and procedure of the Disciplinary Tribunal
- 29 Proceedings before the Disciplinary Tribunal
- 29A Powers of the Disciplinary Tribunal
- 29B Appeals
- 30 Report of Tribunal conclusive. Court to punish
- 31 Complainant may be required to pay costs
- 31AA Practitioners convicted of an offence in certain jurisdictions
Division 3 -- Provisions ancillary to disciplinary proceedings
- 31A Protection of persons, etc.
- 31B Representation of persons involved
- 31C Hearings generally not to be public
- 31D Powers to require production, and the examination, of records and to inspect practices
- 31E Evidentiary material
- 31F Interim restrictions on practice
- 31G Reports
- 31H Jurisdiction of the Supreme Court not affected
Division 4 -- Effect of striking off or suspension
- 32A Practitioners struck off or suspended in other jurisdictions
- 33 Deprivation of practice in certain cases
PART V -- Practitioners’ trust accounts 4
- 34 Trust moneys to be paid to a trust account
- 34A The application of trust moneys to the payment of costs, etc.
- 35 Banks not to be concerned as to the application of, or to have recourse against trust moneys
- 36 Practitioners to maintain books of account
- 37 Receipt of cheques
- 38 Board may appoint accountant to examine books of account
- 39 Examiner may require production of books and documents
- 40 Limitation on disclosure of matters revealed in the course of examinations
- 41 Action on examiner’s reports
- 42 Practitioners to make payments towards Solicitors’ Guarantee Fund
- 42A Accountant’s certificate
PART VA -- Control of certain practices
- 58A Interpretation
- 58B Restraint on bank accounts
- 58C Control of trust moneys by Trust
- 58D Special powers of Board
- 58E Duties of supervising solicitor
- 58F Payment of moneys out of separate account
- 58G Power of Board to appoint certificated practitioner to inquire into and report on practice of another
- 58H Board may apply to Judge for an order
- 58I Power of Judge
- 58J Effect of certain orders
- 58K Offence
PART VI -- Solicitors’ costs
Division 1 -- The Legal Costs Committee
- 58L Interpretation
- 58M Establishment of the Legal Costs Committee
- 58N Nominations
- 58O Members not subject to Public Sector Management Act 1994
- 58P Validity of acts of the Legal Costs Committee
- 58Q Remuneration and allowances of members
- 58R Procedure of the Legal Costs Committee
- 58S Use of staff and facilities of departments, etc.
- 58T Reports by the Legal Costs Committee
- 58U Funds of the Legal Costs Committee
- 58V Review of the Legal Costs Committee’s role
Division 2 -- Determination of remuneration by the Legal Costs Committee
- 58W Determinations by the Legal Costs Committee
- 58X Review of determinations
- 58Y Inquiries by the Legal Costs Committee
- 58ZA Report and publication of determinations
- 58ZB Effect of determination
Division 3 -- Entitlement to remuneration
- 59 Agreements as to costs
- 60 Saving in certain cases
- 61 Avoidance of agreement in certain cases
- 62 Security for costs
- 62A Costs where practitioner employed by Crown in a salaried capacity
- 63 Act not to validate purchase of client’s interest, nor agreement for payment only in event of success
Division 4 -- Taxation and recovery of costs
- 65 Signed bill of costs to be served before suit
- 66 Party charged may give notice of intention to tax
- 66A Written agreement under section
- 66B Stay of recovery proceedings
- 67 Bill of costs to be lodged with taxing officer
- 68 Time and place of taxation
- 68A Interpretation, etc.
- 69 Costs of taxation
- 70 Master’s allocatur; interest; amount, how recovered
- 71 Review of taxation
- 72 Overpayments to be returnable
Division 5 -- General
- 73 Practitioner’s costs to be a first charge on the property recovered or preserved
- 74 Town agent entitled to prior charge
- 75 Practitioner may charge interest on moneys disbursed
PART VII -- Miscellaneous
- 76 Only certificated practitioners to act in legal proceedings in court. Exception of parties in person, etc.
- 77 Only certificated practitioners to engage in legal business. Exception of public officers, etc.
- 77A Sections 76 and 77 not to apply to certain persons
- 78 No liability in certain cases
- 79 Prohibition of certain acts by practitioner
- 80 No unqualified person to hold himself out as a practitioner
- 81 Offences against this Act or the rules, how punishable
- 83 Appeals
- 84 Shortening Ordinance
- 85 Professional indemnity insurance
