Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
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
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 59
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
SCHEDULE 2
Compilation table