LEGAL PRACTICE ACT 2003

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used in this Act
 
• 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 Supreme Court (full bench)
 
• 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 Reviews

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 Reviews

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 1987
 
• 135 Review

PART 10 -- Trust accounts  

• 136 Term used in this Part
 
• 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 Terms used in this Part
 
• 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 State Administrative Tribunal for an order
 
• 156 Power of State Administrative Tribunal
 
• 157 Effect of certain orders
 
• 158 Offence

PART 12 -- Complaints and discipline

Division 1 -- General  

• 159 Term used in this PART
 
• 160 Application
 
• 161 Jurisdiction of Supreme Court not affected

Division 2 -- Disciplinary bodies

• 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

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 State Administrative Tribunal
 
• 181 Complainant may refer complaint to State Administrative Tribunal
 
• 182 Interim restrictions on practice

Division 5 -- Disciplinary proceedings before State Administrative Tribunal  

• 185 Powers of the State Administrative 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
 
• 194 Court to punish

Division 6 -- Practice and procedure  

• 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 Application for review
 
• 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 Terms used in this Division
 
• 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 Management Act 2006 and Auditor General Act 2006

Division 2 -- Entitlement to remuneration  

• 220 Term used in this Division
 
• 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 Term used in this Division
 
• 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
 
• 250 Contempt of the Supreme Court
 
• 250A Constitution of State Administrative Tribunal under this Act
 
• 251 Laying documents before House of Parliament that is not sitting
 
• 252 Rules
 
• 253 Regulations
• 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 4 -- Provisions as to constitution and procedure of the Legal Costs Committee
• Compilation table