Schedule 2 Consequential and other amendments of Legal Profession Act 1987
(Section 3)
Insert in alphabetical order in section 3 (1):incorporated legal practice means a corporation that is an incorporated legal practice within the meaning of Division 2A of Part 3.
[2] Section 3 (1), definition of “solicitor”
Omit “, and includes a solicitor corporation”.
[3] Section 3 (1), definition of “solicitor corporation”
Omit the definition.
[4] Section 26 Election to practise as barrister or solicitor and barrister
Insert “and barrister” after “solicitor” in section 26 (2).
[5] Section 28 Solicitors and barristers
Omit section 28 (5).
[6] Section 32 Conditions may be imposed on practising certificates
Omit section 32 (4).
[7] Section 38A Refusal, suspension or cancellation of practising certificate—infirmity
Omit “(other than that of a solicitor corporation)” from section 38A (1).
[8] Section 38F Application of provisions of Division
Insert “and barrister” after “solicitor” in section 38F (1).
Omit section 38L (4).
[10] Section 48 Application of Division to other persons
Renumber the section as section 47A.
[11] Section 48B Unqualified person acting as barrister or solicitor and barrister
Omit “A person” from section 48B (1). Insert instead “A natural person”.
Omit the subsection.
[13] Section 48C Unqualified person making false representation to be a barrister or solicitor and barrister
Omit “A person” wherever occurring. Insert instead “A natural person”.
[14] Section 48D Offence by corporation or officers
Omit “Maximum penalty: 50 penalty units” from section 48D (1).Insert instead “Maximum penalty: 500 penalty units”.
Omit section 48D (3). Insert instead:(3) This section does not apply to or in respect of an incorporated legal practice that has at least one solicitor director (within the meaning of Division 2A of Part 3). Any such practice does not contravene this section because it ceases to have such a solicitor director if a new solicitor director is appointed within the time prescribed by the regulations or, if no such time has been prescribed, within a reasonable time.(4) If a person contravenes this section:(a) no action lies for the recovery of costs in respect of anything done in the course of the contravention, and(b) if any such costs have been paid, the amount paid may be recovered as a debt owed by the person to whom they were paid to the other person who paid them.
[16] Section 48E Limitation on general legal work and probate work
Insert “or unless the person is an incorporated legal practice and the work is done on its behalf by a barrister or solicitor” after “barrister or solicitor” in section 48E (2).
Omit the subsection.
[18] Section 48F Sharing receipts
Insert after section 48F (4):(5) Despite anything to the contrary in this section, a solicitor may share with an incorporated legal practice the receipts of the business of the practice. The regulations, solicitors rules or joint rules may not prevent or restrict the solicitor from doing so.
[19] Sections 48I Prohibition on employment of certain non-legal clerks
Insert after section 48I (2):(2A) The prohibition imposed by an order made under this section extends to a prohibition on the employment or payment of the person against whom the order was made in connection with the legal services provided by an incorporated legal practice.
[20] Section 48K Associates who are disqualified or convicted persons
Insert after section 48K (7):(8) This section extends to solicitor directors of an incorporated legal practice. Accordingly, a solicitor director is guilty of professional misconduct if the solicitor director would be guilty of professional misconduct under this section:(a) if persons employed or paid by the incorporated legal practice in connection with the provision of legal services were taken to be employed or paid by the solicitor director, or(b) if prescribed shareholders in the incorporated legal practice were taken to be sharing the receipts of the solicitor director’s practice.
[21] Section 54 Functions of Law Society
Omit paragraph (d) of the definition of solicitor in section 54 (2).Insert instead:
(d) in relation to the provision of legal services, an incorporated legal practice or a former or dissolved incorporated legal practice.
[22] Section 55 Investigation of affairs of solicitor or locally registered foreign lawyer
Omit paragraphs (c) and (d) of the definition of solicitor in section 55 (11).Insert instead:
(c) in relation to anything done or omitted to be done by a solicitor—a deceased solicitor or deceased former solicitor, and(d) except in relation to anything done or omitted to be done by a solicitor—the personal representative of a deceased solicitor or deceased former solicitor.
Omit “, or a director of or voting shareholder in the solicitor (being a solicitor corporation)” from section 60 (2) (b).
[24] Section 80 Claims against Fidelity Fund
Omit section 80 (5) (b).
[25] Section 81 Claims by solicitor who pays compensation for failure to account or dishonest default
Omit “, or the receiver, receiver and manager, official manager or liquidator of a solicitor corporation or a former solicitor corporation” from the definition of solicitor in section 81 (3).
Omit section 90A (2) (c).
Omit paragraphs (c) and (d) of the definition of solicitor in section 91 (1).Insert instead:
(c) in relation to anything done or omitted to be done by a solicitor—a deceased solicitor or deceased former solicitor, and(d) except in relation to anything done or omitted to be done by a solicitor—the personal representative of a deceased solicitor or deceased former solicitor.
[28] Section 92 Supreme Court may appoint receiver
Omit “(or, in the case of a solicitor corporation, a director of or voting shareholder in the corporation)” from section 92 (2) (b).
Omit “or because (in the case of a solicitor corporation) the corporation has been dissolved or a receiver, receiver and manager, official manager or liquidator has been appointed in relation to the corporation”.
[30] Section 93 Court to be closed
Omit section 93 (1) (c1).
[31] Section 114B Appointment of manager
Omit “(other than a solicitor corporation)” from section 114B (2).
Omit the definition of associated solicitor corporation.
[33] Section 128 Legal practitioner to whom Part applies
Omit section 128 (1) (b).
[34] Section 171C Determinations of Tribunal
Omit section 171C (2) (a).
[35] Section 171C (2) (b) and (c)
Omit “, or the practice of any associated solicitor corporation,” wherever occurring.
[36] Section 171C (2) (d), (e), (f)
Omit “, or any associated solicitor corporation,” wherever occurring.
[37] Section 171C (2) (d) and (e)
Omit “or the solicitor corporation’s practice” wherever occurring.
[38] Section 171D Compensation orders of Tribunal
Omit section 171D (5). Insert instead:(5) In this section, legal practitioner includes an incorporated legal practice of which the legal practitioner is an officer or employee.
[39] Section 171E Award of costs by Tribunal
Omit “(or any associated solicitor corporation)” from section 171E (1).
[40] Section 171M Jurisdiction of Supreme Court not affected
Omit “(other than solicitor corporations)” from section 171M (1).
[41] Part 10A Solicitor corporations
Omit the Part.
Omit section 173 (2) (f) and “or” at the end of section 173 (2) (e).
[43] Section 194 Signing of bill of costs
Omit “signed by a solicitor (being a solicitor corporation)” from section 194 (2).Insert instead “signed by a solicitor (if it relates to legal services provided by an incorporated legal practice)”.
[44] Section 209C Supreme Court may order delivery up of documents etc
Insert after section 209C (5):(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.
[45] Section 213 Proof of certain matters not required
Omit “(other than a solicitor corporation)” from section 213 (a).
[46] Schedule 8 Savings, transitional and other provisions
Insert at the end of clause 1A (1):Legal Profession Amendment (Incorporated Legal Practices) Act 2000
Insert at the end of the Schedule (with appropriate Part and clause numbering):Part Provisions consequent on the enactment of the Legal Profession Amendment (Incorporated Legal Practices) Act 2000
In this Part:amending Act means the Legal Profession Amendment (Incorporated Legal Practices) Act 2000.
Existing solicitor corporations
(1) This clause applies to a solicitor corporation that was formed under Division 1 of Part 10A of this Act and that was in existence immediately before the repeal of that Part by the amending Act.(2) Any such solicitor corporation is not dissolved by the repeal of Part 10A of this Act, but that Part continues to apply to the solicitor corporation (despite its repeal) until the winding up of the corporation in accordance with that Part or with the regulations made under this Schedule. Any such regulations may apply provisions of the Corporations Act 2001 of the Commonwealth or any other Act, with or without modification.(3) Until the dissolution of any such solicitor corporation, any other provision of this Act relating to solicitor corporations that is repealed by the amending Act continues to apply, subject to the regulations made under this Schedule, to the solicitor corporation (despite the repeal of the provision).(4) The transfer, in accordance with the Corporations Act 2001 of the Commonwealth, of the incorporation of any such solicitor corporation to incorporation under the Corporations Act 2001 of the Commonwealth is authorised.