Legal Profession Act 1987 No 109
Historical version for 22 November 2002 to 5 December 2002 (accessed 24 November 2014 at 13:44) Repealed version
Part 12

Part 12 Miscellaneous

209A   Qualifications of auditors

A person is not qualified to be appointed, or to act, as auditor of any accounts required by or under this Act to be audited unless the person is a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth.

209B   (Repealed)

209C   Supreme Court may order delivery up of documents etc

(1)  On the application of a barrister’s or solicitor’s client, the Supreme Court may order the barrister or solicitor:
(a)  to give to the client a bill of costs in respect of any legal services provided by the barrister or solicitor, and
(b)  to give to the client, on such conditions as the Supreme Court may determine, such of the client’s documents as are held by the barrister or solicitor in relation to those services.
(2)  Subsection (1) does not affect the provisions of Division 6 of Part 11 with respect to the assessment of costs.
(3)  This section does not apply to the client of a barrister or solicitor retained on the client’s behalf by another barrister or solicitor.
(4)  In this section, a reference to a barrister or solicitor includes a reference to a former barrister or solicitor.
(5)  In this section, legal services has the same meaning as in Part 11.
(6)  In this section, a reference to a solicitor includes a reference to an incorporated legal practice in connection with legal services provided by the practice.

210   Contempt of the Supreme Court

The imposition of a penalty for a contravention of a provision of this Act does not affect the power of the Supreme Court to punish a contempt of the Court.

211   Protection from liability

No liability is incurred by:
(a)  the Bar Association or the Bar Council, or their committees,
(b)  the Law Society or the Law Society Council, or their committees, including a Management Committee to which a function is delegated under section 74,
(c)  an investigator, or an investigator’s assistant, appointed under section 55, or
(d)  the company referred to in Division 2 of Part 3 or its directors,
or an employee or agent of any of them for anything done, suffered or omitted to be done in good faith in the exercise, or purported exercise, of a function under this Act.

211A   Delegation of functions of Chief Justice

The Chief Justice of New South Wales may delegate any of his or her functions under this Act (other than this power of delegation) to:
(a)  a Judge of the Supreme Court, or
(b)  a committee comprised of 1 Judge of the Supreme Court and such other persons as the Chief Justice may appoint.

212   Offences

(1)  Proceedings for an offence under this Act or the regulations shall be dealt with summarily before a Local Court constituted by a Magistrate sitting alone.
(2)  Proceedings for an offence against this Act or the regulations may be brought at any time within 12 months after the date of the alleged offence.

213   Proof of certain matters not required

In any legal proceedings, no proof is required (unless evidence to the contrary is given) of:
(a)  the constitution of any body, incorporated or unincorporated, on which functions are conferred or imposed by or under this Act,
(b)  any resolution of such a body,
(c)  the appointment of, or the holding of office by, a member of such a body, or
(d)  the presence or nature of a quorum at a meeting of such a body.

213A   Evidentiary certificates

(1)  A certificate that is issued by the Bar Council and that states that, on a date or during a period specified in the certificate:
(a)  a specified person was or was not the holder of a barristers’ practising certificate, or
(b)  a specified barrister’s practising certificate was or was not subject to a specified condition,
is admissible in any legal proceedings and is evidence of the fact or facts so stated.
(2)  A certificate that is issued by the Law Society Council and that states that, on a date or during a period specified in the certificate:
(a)  a specified person was or was not the holder of a solicitor’s practising certificate, or
(b)  a specified solicitor’s practising certificate was or was not subject to a specified condition,
is admissible in any legal proceedings and is evidence of the fact or facts so stated.
(3)  A certificate issued by a regulatory authority of another State or a Territory and that states that, on a date or during a period specified in the certificate:
(a)  a specified person was or was not the holder of an interstate practising certificate, or
(b)  that a specified interstate legal practitioner’s practising certificate was or was not subject to a specified condition,
is admissible in any legal proceedings and is evidence of the fact or facts so stated.
(4)  A certificate that is issued by the Bar Council or Law Society Council and that states that, on a date or during a period specified in the certificate:
(a)  a specified person was or was not registered as a locally registered foreign lawyer, or
(b)  a specified locally registered foreign lawyer was or was not subject to a specified condition,
is admissible in any legal proceedings and is evidence of the fact or facts so stated.

214   Repeals

Each Act specified in Schedule 1 is, to the extent indicated in the Schedule, repealed.

215   Savings and transitional provisions

Schedule 8 has effect.

216   Regulations

(1)  The Governor may, on the recommendation of the Attorney General, make regulations not inconsistent with this Act for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  Before recommending the making of a regulation, the Attorney General shall, unless the circumstances are exceptional, give the Bar Council, the Law Society Council and the Advisory Council an opportunity to express, within a time specified by the Attorney General, their views on the proposed regulation.
(3)  Without limiting the generality of subsection (1), the Governor may make regulations for or with respect to:
(a)  practising certificates, including the provision of information by an applicant for a practising certificate and the refund of the whole or a part of fees paid for practising certificates,
(b)  matters for or with respect to which barristers rules, solicitors rules or joint rules have been or may be made,
(c)  (Repealed)
(d)  the practice, conduct and discipline of legal practitioners and interstate legal practitioners,
(d1)  disclosures as to costs, costs agreements, bills of costs and assessment of costs under Part 11,
(e)  matters of which the Bar Council is to be notified by a barrister or of which the Law Society Council is to be notified by a solicitor,
(f)  the accounts to be kept by a solicitor in the course of practising as a solicitor, the operation of a trust account kept under Part 6 and the authorisation of a person to operate on such a trust account,
(g)  the deposit with the Law Society of money in a trust account,
(h)  information to be provided to a Council by a barrister or solicitor (or former barrister or solicitor) about indemnity insurance,
(i)  (Repealed)
(j)  the functions and fees of a trust account inspector or an investigator appointed under section 55 and the duties of the solicitor whose accounts are being inspected or whose affairs are being investigated,
(k)  the practice, conduct and discipline of locally registered foreign lawyers,
(l)  the accounts (if any) to be kept by a locally registered foreign lawyer in the course of practising as a locally registered foreign lawyer, the operation of any trust account required to be kept by the locally registered foreign lawyer and the authorisation of a person to operate such a trust account.
(4)  A regulation for or with respect to any matter may make provision for or with respect to the matter by the application, adoption or incorporation, with or without modification, of a publication of the Bar Council or the Law Society Council.
(5)  A regulation may impose a penalty not exceeding 10 penalty units for a breach of the regulation.
(6)  A provision of a regulation may:
(a)  apply generally or be limited in its application by reference to specified exceptions or factors,
(b)  apply differently according to different factors of a specified kind, or
(c)  authorise any matter or thing to be from time to time determined, applied or regulated by a specified person or body,
or may do any combination of those things.
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