LEGAL PRACTICE ACT 2003
Table of Provisions
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
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
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
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