LEGAL PRACTITIONERS ACT 1893
This legislation has been repealed.
LEGAL PRACTITIONERS ACT 1893
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 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 SCHEDULE 2 Compilation table