1 Name of Act
2 Commencement
3 Purposes
4 Definitions
5 Terms relating to lawyers
6 Terms relating to legal practitioners
7 Terms relating to associates and principals of law practices
8 Home jurisdiction
9 Suitability matters
10 Information notices
11 References to convictions for offences
Chapter 2 General requirements for engaging in legal practice
12 Simplified outline of Chapter
Part 2.2 Reservation of legal work and legal titles
13 Purposes
Division 2 General prohibitions on unqualified practice
14 Prohibition on engaging in legal practice when not entitled
15 Prohibition on representing or advertising entitlement to engage in legal practice when not entitled
16 Presumptions about taking or using certain names, titles or descriptions specified in regulations
Division 3 Prohibitions regarding associates, clerks and non-legal partners
17 Associates who are disqualified or convicted persons
18 Prohibition on employment of certain lay associates
19 Prohibition on partnerships with certain non-legal partners
20 Proceedings on prohibition orders
21 Professional discipline
Part 2.3 Admission of local lawyers
22 Purpose
23 Definitions
Division 2 Eligibility and suitability for admission
24 Eligibility for admission
25 Suitability for admission
26 Early consideration of suitability
27 (Repealed)
28 Appeals
29 Binding effect of declaration or order
30 Entitlement to be represented, heard and make representations
Division 3 Admission to the legal profession
31 Admission
32 Roll of local lawyers
33 Local lawyer is officer of Supreme Court
34 Miscellaneous provisions respecting admission
Division 4 Legal Profession Admission Board
Note
35 Consideration of applications for admission
36 Compliance certificates
37 Consideration of applicant’s eligibility and suitability
37A Communication with other authorities
38 Admission rules
38A Non-compellability of certain witnesses
Part 2.4 Legal practice by Australian legal practitioners
39 Purposes
Division 2 Legal practice in this jurisdiction by Australian legal practitioners
40 Entitlement of holder of Australian practising certificate to practise in this jurisdiction
Division 3 Local practising certificates generally
41 Local practising certificates
42 Suitability to hold local practising certificate
43 Duration of local practising certificate
44 Local legal practitioner is officer of Supreme Court
Division 4 Grant or renewal of local practising certificates
45 Application for grant of local practising certificate
46 Manner of application
47 Timing of application for renewal of local practising certificate
48 Grant or renewal of local practising certificate
Division 5 Conditions on local practising certificates
49 Conditions generally
50 Conditions imposed by Council
51 Imposition or variation of conditions pending criminal proceedings
52 Statutory condition regarding conditions imposed on interstate admission
53 Statutory condition regarding practice as solicitor
54 Statutory condition regarding practice as a barrister
55 Statutory condition regarding notification of offence
56 Additional conditions on practising certificates of barristers
57 Conditions imposed by legal profession rules
58 Compliance with conditions
Division 6 Amendment, suspension or cancellation of local practising certificates
59 Application of this Division
60 Grounds for suspending or cancelling local practising certificate
61 Amending, suspending or cancelling local practising certificates
62 Operation of amendment, suspension or cancellation of local practising certificate
63 Other ways of amending or cancelling local practising certificate
64 Relationship of this Division with Chapter 4
Division 7 Special powers in relation to local practising certificates—show cause events
65 (Repealed)
66 Applicant for local practising certificate—show cause event
67 Holder of local practising certificate—show cause event
68 Investigation and consideration of show cause event
69 Power to renew practising certificate or defer action in special circumstances
70 No decision in required period—suspension of practising certificate and referral to Commissioner
71 Commissioner taking over determination of matter
72 Council to implement decisions under this Division
73 Failure to comply with conditions imposed under this Division
74 Restriction on making further applications
75 Review of decisions by Tribunal
76 Parties to Tribunal proceedings
77 Relationship of this Division with Chapters 4 and 6
Division 8 Further provisions relating to local practising certificates
78 Immediate suspension of local practising certificate
79 Surrender of local practising certificate
80 Return of local practising certificate
Division 9 Practice as a barrister or solicitor
81 Practice as a barrister
82 Practice as a solicitor
83 Client access
84 Advertising
85 Regulation of advertising and other marketing of services
86 Specialisation
87 Advocates
88 Joint advocates
89 Attendance
90 Prohibition of official schemes for recognition of seniority or status
Division 10 Fees for practising certificates
91 Fee for practising certificate
92 Late fee
92A Late fee for certain applications for new practising certificates
93 (Repealed)
94 Submission of budget to Attorney General
95 Audit of Council activities
Division 11 Interstate legal practitioners
96, 97 (Repealed)
98 Requirement for professional indemnity insurance
99 (Repealed)
100 Extent of entitlement of interstate legal practitioner to practise in this jurisdiction
101 Additional conditions on practice of interstate legal practitioners
102 Special provisions about interstate legal practitioner engaging in unsupervised legal practice as solicitor in this jurisdiction
103 Interstate legal practitioner is officer of Supreme Court
104 Protocols
105 Consideration and investigation of applicants or holders
106 Register of local practising certificates
107 Orders or injunctions
108 Appeal against certain decisions of Councils
109 Attorney General
110 Crown Solicitor
111 Government and other lawyers—exemption from certain conditions
112 Government lawyers—exemption from certain provisions
113 Government lawyers—imposition of additional conditions
114 Government lawyers of other jurisdictions
115 Non-compellability of certain witnesses
Part 2.5 Inter-jurisdictional provisions regarding admission and practising certificates
116 Purpose
117 Definition
118 Other requirements not affected
Division 2 Notifications to be given by local authorities to interstate authorities
119 Official notification to other jurisdictions of applications for admission and associated matters
120 Official notification to other jurisdictions of removals from local roll
121 Council to notify other jurisdictions of certain matters
Division 3 Notifications to be given by lawyers to local authorities
122 Lawyer to give notice of removal of name from interstate roll
123 Lawyer to give notice of interstate orders
124 Lawyer to give notice of foreign regulatory action
125 Provisions relating to requirement to notify
Division 4 Taking of action by local authorities in response to notifications received
126 Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction
127 Peremptory cancellation of local practising certificate following removal of name from interstate roll
128 Show cause procedure for removal of lawyer’s name from local roll following foreign regulatory action
129 Show cause procedure for cancellation of local practising certificate following foreign regulatory action
130 Order for non-removal of name or non-cancellation of local practising certificate
131 Local authority may give information to other local authorities
Part 2.6 Incorporated legal practices and multi-disciplinary partnerships
132 Purposes
133 Definitions
Division 2 Incorporated legal practices
134 Nature of incorporated legal practice
135 Non-legal services and businesses of incorporated legal practices
136 Corporations eligible to be incorporated legal practice
137 Notice of intention to start providing legal services
138 Prohibition on representations that corporation is incorporated legal practice
139 Notice of termination of provision of legal services
140 Incorporated legal practice must have legal practitioner director
141 Obligations of legal practitioner director relating to misconduct
142 Incorporated legal practice without legal practitioner director
143 Obligations and privileges of practitioners who are officers or employees
144 Professional indemnity Insurance
145 Conflicts of interest
146 Disclosure obligations
147 Effect of non-disclosure of provision of certain services
148 Application of legal profession rules
149 Requirements relating to advertising
150 Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices
151 Sharing of receipts, revenue or other income
152 Disqualified persons
153 Banning of incorporated legal practices
154 Disqualification from managing incorporated legal practice
155 Disclosure of information to Australian Securities and Investments Commission
156 External administration proceedings under Corporations Act 2001 (Cth)
157 External administration proceedings under other legislation
158 Incorporated legal practice that is subject to receivership under this Act and external administration under Corporations Act 2001 (Cth)
159 Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation
160 Co-operation between courts
161 Relationship of Act to constitution of incorporated legal practice
162 Relationship of Act to legislation establishing incorporated legal practice
163 Relationship of Act to Corporations legislation
164 Undue influence
Division 3 Multi-disciplinary partnerships
165 Nature of multi-disciplinary partnership
166 Conduct of multi-disciplinary partnerships
167 Notice of intention to start practice in multi-disciplinary partnership
168 General obligations of legal practitioner partners
169 Obligations of legal practitioner partner relating to misconduct
170 Actions of partner who is not an Australian legal practitioner
171 Obligations and privileges of practitioners who are partners or employees
172 Conflicts of interest
173 Disclosure obligations
174 Effect of non-disclosure of provision of certain services
175 Application of legal profession rules
176 Requirements relating to advertising
177 Sharing of receipts, revenue or other income
178 Disqualified persons
179 Prohibition on partnerships with certain partners who are not Australian legal practitioners
180 Undue influence
181 Obligations of individual practitioners not affected
182 Regulations
Part 2.7 Legal practice by foreign lawyers
183 Purpose
184 Definitions
185 This Part does not apply to Australian legal practitioners
Division 2 Practice of foreign law
186 Requirement for registration
187 Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction
188 Scope of practice
189 Form of practice
190 Application of Australian professional ethical and practice standards
191 Designation
192 Letterhead and other identifying documents
193 Advertising
194 Foreign lawyer employing Australian legal practitioner
195 Trust money and trust accounts
196 Professional indemnity insurance
197 Fidelity cover
Division 3 Local registration of foreign lawyers generally
198 Local registration of foreign lawyers
199 Duration of registration
200 Locally registered foreign lawyer is not officer of Supreme Court
Division 4 Applications for grant or renewal of local registration
201 Application for grant or renewal of registration
202 Manner of application
203 Requirements regarding applications for grant or renewal of registration
Division 5 Grant or renewal of registration
204 Grant or renewal of registration
205 Requirement to grant or renew registration if criteria satisfied
206 Refusal to grant or renew registration
Division 6 Amendment, suspension or cancellation of local registration
207 Application of this Division
208 Grounds for amending, suspending or cancelling local registration
209 Amending, suspending or cancelling registration
210 Operation of amendment, suspension or cancellation of registration
211 Other ways of amending or cancelling registration
212 Relationship of this Division with Chapter 4
Division 7 Special powers in relation to local registration—show cause events
213 Applicant for local registration—show cause event
214 Locally registered foreign lawyer—show cause event
215 Refusal, amendment, suspension or cancellation of local registration—failure to show cause
216 Restriction on making further applications
217 Relationship of this Division with Chapters 4 and 6
Division 8 Further provisions relating to local registration
218 Immediate suspension of registration
219 Surrender of local registration certificate and cancellation of registration
220 Automatic suspension or cancellation of registration on grant of practising certificate or other disciplinary action
221 Suspension or cancellation of registration not to affect disciplinary processes
222 Return of local registration certificate on amendment, suspension or cancellation of registration
Division 9 Conditions on registration
223 Conditions generally
224 Conditions imposed by domestic registration authority
225 Imposition or variation of conditions pending criminal proceedings
226 Statutory condition regarding notification of offence
227 Conditions imposed by legal profession rules
228 Compliance with conditions
Division 10 Interstate-registered foreign lawyers
229 Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction
230 Additional conditions on practice of interstate-registered foreign lawyers
231 Consideration and investigation of applicants and locally registered foreign lawyers
232 Register of locally registered foreign lawyers
233 Publication of information about locally registered foreign lawyers
234 Supreme Court orders about conditions
235 Exemption by domestic registration authority
236 Membership of professional association
237 Refund of fees
238 Appeals or reviews
239 Joint rules
Part 2.8 Community legal centres
240 Community legal centres
241 Application of legal profession rules
Chapter 3 Conduct of legal practice
Part 3.1 Trust money and trust accounts
242 Purposes
243 Definitions
244 Money involved in financial services or investments
245 Determinations about status of money
246 Application of Part to law practices and trust money
247 Protocols for determining where trust money is received
248 When money is received
249 Discharge by legal practitioner associate of obligations of law practice
250 Liability of principals of law practice
251 Former practices, principals and associates
252 Barristers not to receive trust money
Division 2 Trust accounts and trust money
253 Maintenance of general trust account
254 Certain trust money to be deposited in general trust account
255 Holding, disbursing and accounting for trust money
255A Manner of withdrawal of trust money from general trust account
256 Controlled money
256A Manner of withdrawal of controlled money from controlled money account
257 Transit money
258 Trust money subject to specific powers
258A Trust money received in the form of cash
259 Protection of trust money
260 Intermixing money
261 Dealing with trust money: legal costs and unclaimed money
262 Deficiency in trust account
263 Reporting certain irregularities and suspected irregularities
264 Keeping trust records
265 False names
266 Unclaimed money
267 Appointment of investigators
268 Investigations
269 Application of Chapter 6
270 Investigator’s report
271 When costs of investigation are debt
Division 4 External examinations
272 Designation of external examiners
273 Designation and appointment of associates as external examiners
274 Trust records to be externally examined
275 Final examination of trust records
276 Examination of affairs in connection with examination of trust records
277 Carrying out examination
278 External examiner’s report
279 Law practice liable for costs of examination
Division 5 Provisions relating to ADIs
280 Approval of ADIs
281 ADI not subject to certain obligations and liabilities
282 Reports, records and information
283 Statutory deposits
284 Status and repayment of deposited money
Division 7 Public Purpose Fund
285 Public Purpose Fund
286 Trustees of Public Purpose Fund
287 Management and control of Fund
288 Agreements relating to payment of interest on general trust accounts
289 Payments from Fund
290 Payment of certain costs and expenses from Fund
291 Submission of budgets and supplementary budgets to Director-General
292 Discretionary payments from Fund for other purposes
293 Performance audits
294 Information about Fund to be included in Law Society Council report
Division 8 Miscellaneous provisions
295 Restrictions on receipt of trust money
296 Application of Part to incorporated legal practices and multi-disciplinary partnerships
297 Application of Part to community legal centres
298 Disclosure to clients—money not received or held as trust money
299 Disclosure of accounts used to hold money entrusted to law practice or legal practitioner associate
300 Regulations
Part 3.2 Costs disclosure and assessment
301 Purposes
302 Definitions
302A Terms relating to third party payers
Division 2 Application of this Part
303 Application of Part—first instructions rule
304 Part also applies by agreement or at client’s election
305 Displacement of Part
306 How and when does a client first instruct a law practice?
307 When does a matter have a substantial connection with this jurisdiction?
308 What happens when different laws apply to a matter?
309 Disclosure of costs to clients
310 Disclosure if another law practice is to be retained
311 How and when must disclosure be made to a client?
312 Exceptions to requirement for disclosure
313 Additional disclosure—settlement of litigious matters
314 Additional disclosure—uplift fees
315 Form of disclosure
316 Ongoing obligation to disclose
317 Effect of failure to disclose
318 Progress reports
318A Disclosure to associated third party payers
Division 4 Legal costs generally
319 On what basis are legal costs recoverable?
320 Security for legal costs
321 Interest on unpaid legal costs
322 Making costs agreements
323 Conditional costs agreements
324 Conditional costs agreements involving uplift fees
325 Contingency fees are prohibited
326 Effect of costs agreement
327 Certain costs agreements are void
328 Setting aside costs agreements or provisions of costs agreements
Division 6 Costs fixed by regulations
329 Regulations to provide for fixed costs
330 Provisions relating to regulations generally
331 Legal costs cannot be recovered unless bill has been served
332 Bills
332A Request for itemised bill
333 Notification of client’s rights
334 Interim bills
Division 8 Mediation of costs disputes
335 Meaning of “client” and “costs dispute”
336 Referral for mediation
Division 9 Maximum costs in personal injury damages matters
337 Interpretation and application
338 Maximum costs fixed for claims up to $100,000
338A Maximum costs increased by additional amount for certain claims heard by the District Court
339 Maximum costs do not affect solicitor-client costs under costs agreements
340 Costs can be awarded on indemnity basis for costs incurred after failure to accept offer of compromise
341 Court may order certain legal services to be excluded from maximum costs limitation
342 Apportionment of maximum costs between law practices
343 Meaning of “amount recovered” on a claim
Division 10 Costs in civil claims where no reasonable prospects of success
344 Application of Division
345 Law practice not to act unless there are reasonable prospects of success
346 Preliminary legal work not affected
347 Restrictions on commencing proceedings without reasonable prospects of success
348 Costs order against law practice acting without reasonable prospects of success
349 Onus of showing facts provided reasonable prospects of success
349A Definition
350 Application by client or third party payers for costs assessment
351 Application for costs assessment by law practice retaining another law practice
352 Application for costs assessment by law practice giving bill
353 Application for assessment of party/party costs
354 How to make an application for costs assessment
355 Consequences of application
356 Persons to be notified of application
356A Regulations
357 Referral of matters to costs assessors
358 Costs assessor may require documents or further particulars
359 Consideration of applications by costs assessors
360 (Repealed)
361 Assessment of costs by reference to costs agreement
362 Costs fixed by regulations or other legislation
363 Criteria for costs assessment
363A Interest on amount outstanding
Subdivision 3 Party/party costs
364 Assessment of costs—costs ordered by court or tribunal
365 Effect of costs agreements in assessments of party/party costs
366 Court or tribunal may determine matters
367 Determinations of costs assessments
367A Determinations of costs assessments for party/party costs
368 Certificate as to determination
369 Costs of costs assessment
370 Reasons for determination
371 Correction of error in determination
372 Determination to be final
Subdivision 5 Review of determination by panel
373 Application by party for review of determination
373A Application by Manager for review of determination of costs of costs assessment
374 Referral of application to panel
375 General functions of panel in relation to review application
376 Relevant documents to be produced to panel
377 Effect of review on costs assessor’s determination
378 Certificate as to determination of panel
379 Recovery of costs of review
380 Reasons for determination
381 Correction of error in determination
382 Appeal against determination of panel
383 Regulations
384 Appeal against decision of costs assessor as to matter of law
385 Appeal against decision of costs assessor by leave
386 Effect of appeal on application
387 Assessor can be a party to appeal
388 Notices of appeal
389 Court may refer unreviewed determination to review panel
390 Costs assessors
391 Protection from liability
392 Confidentiality
393 Referral for disciplinary action
394 Rules of procedure for applications
395 Division not to apply to interest on judgment debt
395A Contracting out of Division by sophisticated clients
396 Application of Part to cross-vested matters
397 Application of Part to incorporated legal practices and multi-disciplinary partnerships
398 Application of Part to Australian-registered foreign lawyers
399 Imputed acts, omissions or knowledge
400 Costs of administering Part
Part 3.3 Professional indemnity insurance
401 Purpose
402 Definitions
403 Professional indemnity insurance for barristers
404 Definitions
405 Solicitors Mutual Indemnity Fund
406 Solicitor to be insured and to make contributions
407 Separate account
408 Investment of Indemnity Fund
409 Payments from Indemnity Fund
410 Payments relating to defaulting insurers
411 Contributions
412 Levies
413 Failure to pay contribution or levy
414 Investigation of Indemnity Fund
415 Powers of investigators
416 Application of Division to other persons
417 Provisions relating to HIH insurance
418 Purpose
419 Definitions
420 Time of default
421 Application of this Part
422 Establishment of Legal Practitioners Fidelity Fund
423 Establishment of separate Legal Practitioners Fidelity Fund Account
424 Investment of Fidelity Fund
425 Payments from Fidelity Fund
426 Management Committee
427 Audit
428 Insurance
429 Borrowing
Division 3 Contributions and levies
430 Contributions
431 Levies
432 Failure to pay contribution or levy
Division 4 Defaults to which this Part applies
433 Meaning of “relevant jurisdiction”
434 Defaults to which this Part applies
435 Defaults relating to financial services or investments
Division 5 Claims about defaults
436 Claims about defaults
437 Time limit for making claims
438 Advertisements
439 Time limit for making claims following advertisement
440 Claims not affected by certain matters
441 Advance payments
Division 6 Determination of claims
442 Determination of claims
443 Claimant required to pursue claims etc
444 Maximum amount allowable
445 Costs
446 Interest
447 Reduction of claim because of other benefits
448 Subrogation
449 Repayment of certain amounts
450 Notification of delay in making decision
451 Notification of decision
452 Appeal against decision on claim
453 Appeal against failure to determine claim
454 Court proceedings
Division 7 Payments from Fidelity Fund for defaults
455 Payments for defaults
456 Caps on payments
457 Sufficiency of Fidelity Fund
Division 8 Claims by law practices or associates
458 Claims by law practices or associates about defaults
459 Claims by law practices or associates about notional defaults
Division 9 Defaults involving interstate elements
460 Concerted interstate defaults
461 Defaults involving interstate elements where committed by one associate only
Division 10 Inter-jurisdictional provisions
462 Protocols
463 Forwarding of claims
464 Investigation of defaults to which this Part applies
465 Investigation of defaults to which a corresponding law applies
466 Investigation of concerted interstate defaults and other defaults involving interstate elements
467 Recommendations by Law Society Council to corresponding authorities
468 Recommendations to and decisions by Law Society Council after receiving recommendations from corresponding authorities
469 Request to another jurisdiction to investigate aspects of claim
470 Request from another jurisdiction to investigate aspects of claim
471 Co-operation with other authorities
472 Interstate legal practitioner becoming authorised to withdraw from local trust account
473 Application of Part to incorporated legal practices
474 Application of Part to multi-disciplinary partnerships
475 Application of Part to sole practitioners whose practising certificates lapse
476 Availability of property of Law Society
Part 3.5 Mortgage practices and managed investment schemes
477 Definitions
478 State regulated mortgage—meaning
479 Conduct of mortgage practices
480 Nomination of practice as State regulated mortgage practice
481 Requirement to notify Law Society of State regulated mortgages
482 Solicitor to have fidelity cover in respect of regulated mortgages
483 Bar on claims against Fidelity Fund relating to regulated mortgages
484 Notification of insurance arrangements for regulated mortgage
485 Failure to obtain fidelity insurance for regulated mortgage
Division 3 Managed investment schemes
486 Involvement of solicitors in managed investment schemes
487 Claims against Fidelity Fund relating to managed investment schemes connected with solicitors
488 Transfer of mortgages to responsible entity
489 Regulations and rules relating to managed investment schemes
Division 4 Transitional arrangements—pre-existing mortgages
490 Part extends to pre-existing mortgages
491 Law Society may require information about mortgage practices
492 Indemnity insurance
493 Regulations and rules relating to Part
Chapter 4 Complaints and discipline
Part 4.1 Preliminary and application
494 Purposes and objects
495 Definitions
496 Unsatisfactory professional conduct
497 Professional misconduct
498 Conduct capable of being unsatisfactory professional conduct or professional misconduct
499 Practitioners to whom this Chapter applies
500 Application of Chapter to lawyers, former lawyers and former practitioners
501 Conduct to which this Chapter applies—generally
502 Conduct to which this Chapter applies—insolvency, serious offences and tax offences
Part 4.2 Complaints about Australian legal practitioners
503 Complaints
504 Making of complaints
505 To whom complaint made
506 Complaints made over 3 years after conduct concerned
507 Further information and verification
508 Practitioner to be notified of complaint
509 Submissions by practitioner
510 Preliminary assessment
511 Summary dismissal of complaints
512 Withdrawal of complaints
513 Referral of complaints to Council
514 Definition
515 Mediation of complaint involving consumer dispute solely
516 Mediation of hybrid complaint
517 Compulsory mediation of consumer dispute
518 Facilitation of mediation
519 Nature of mediation
520 Mediators
521 Certificate of failure of mediation
522 Confidentiality of mediation process
523 Recommendation for investigation
524 Protection from liability
Part 4.4 Investigation of complaints
525 Complaints to be investigated
526 Investigation of complaints by Commissioner
527 Investigation of complaints by Council
528 Consultation and cooperation on complaints
529 Monitoring by Commissioner of conduct of investigation
530 Directions by Commissioner about conduct of investigation
531 Appointment of investigator
531A Authorised persons
532 Independent investigation of certain complaints
533 Referral of matters to costs assessors
534 Conduct that may be investigated
535 Modified complaints
536 Application of Chapter 6
Part 4.5 Decision of Commissioner or Council
537 Decision of Commissioner or Council after investigation
538 Decision of Commissioner or Council without investigation
539 Dismissal of complaint
540 Summary conclusion of complaint procedure by caution, reprimand, compensation order or imposition of conditions
541 Record of decision
542 Reasons to be provided to complainant and practitioner
Part 4.6 Review of Councils’ decisions
543 Application for review
544 Reviews
545 Decision of Commissioner on review
546 Notification about review of Council decisions
547 Assistance by Council
Part 4.7 Immediate suspension of local practising certificate
548 Immediate suspension of local practising certificate
549 Appeal
550 Other powers to suspend not affected
Part 4.8 Proceedings in Tribunal
551 Commencement of proceedings
552 Time for commencing proceedings
553 Hearings
554 Joinder
555 Variation of disciplinary application
556 Nature of allegations
557 Substitution of applicant
558 Rules of evidence
559 Parties
560 Hearings to be conducted in public
561 Procedural lapses and defects in appointments
562 Determinations of Tribunal
563 Interlocutory and interim orders
564 Consent orders
565 Compliance with determinations and orders
566 Costs
567 Notification of progress and result of proceedings before Tribunal
568 Early termination of proceedings before Tribunal
569 Other remedies not affected
570 Request by complainant for compensation order
571 Compensation orders
572 Prerequisites to making of compensation orders
573 Making of compensation orders
574 Enforcement of compensation orders
575 Other remedies not affected
Part 4.10 Publicising disciplinary action
576 Definitions
577 Register of Disciplinary Action
578 Other means of publicising disciplinary action
579 Quashing of disciplinary action
580 Liability for publicising disciplinary action
581 Disciplinary action taken where infirmity, injury or illness is involved
582 Effect of secrecy provisions and non-disclosure orders
Part 4.11 Inter-jurisdictional provisions
583 Protocols
584 Request to another jurisdiction to investigate complaint
585 Request from another jurisdiction to investigate complaint
586 Sharing of information with corresponding authorities
587 Co-operation with other authorities
588 Compliance with orders made under corresponding laws
589 Other powers or functions not affected
590 Jurisdiction of Supreme Court
591 Rules of procedural fairness
592 Duty to deal with complaints efficiently and expeditiously
593 Information about complaints procedure
594 Co-operation and information sharing between Commissioner and Councils
595 Pre-complaint powers where client is denied access to documents
596 Failure to comply with orders
597 Performance criteria
598 Reports to Attorney General
599 Conditions imposed under this Chapter
600 Effect of other proceedings
601 Protection from liability
602 Non-compellability of certain witnesses
603 Confidentiality of client communications
604 Waiver of privilege or duty of confidentiality
605 Undertakings by Commissioner or Council regarding privileged or confidential information
606, 607 (Repealed)
608 Undertakings by practitioner
609 Investigations not related to complaints under this Chapter
Chapter 5 External intervention
610 Purpose
611 Definitions
612 Application of Chapter to barristers
613 Application of Chapter to Australian-registered foreign lawyers
614 Application of Chapter to other persons
Part 5.2 Initiation of external intervention
615 Circumstances warranting external intervention
616 Determination regarding external intervention
617 Appointment of supervisor
618 Notice of appointment
619 Effect of service of notice of appointment
620 Role of supervisor of trust money
621 Records of and dealing with trust money of law practice under supervision
622 Termination of supervisor’s appointment
623 Appointment of manager
624 Notice of appointment
625 Effect of service of notice
626 Role of manager
627 Records and accounts of law practice under management and dealings with trust money
628 Deceased estates
629 Termination of manager’s appointment
630 Appointment of receiver
631 Notice of appointment
632 Effect of service of notice
633 Role of receiver
634 Records and accounts of law practice under receivership and dealings with trust money
635 Power of receiver to take possession of regulated property
636 Power of receiver to take delivery of regulated property
637 Power of receiver to deal with regulated property
638 Power of receiver to require documents or information
639 Examinations
640 Lien for costs on regulated property
641 Regulated property not to be attached
642 Recovery of regulated property where there has been a breach of trust etc
643 Improperly destroying property etc
644 Deceased estates
645 Termination of receiver’s appointment
646 Conditions on appointment of external intervener
647 Status of acts of external intervener
648 Eligibility for reappointment or authorisation
649 Appeal against appointment
650 Directions of Supreme Court
650A Manager and receiver appointed for law practice
651 ADI disclosure requirements
652 Fees, legal costs and expenses
653 Reports by external intervener
654 Report to Commissioner of disciplinary matters
655 Confidentiality
656 Protection from liability
Chapter 6 Provisions relating to investigations
657 Primary purpose of Chapter
658 Definitions
Part 6.2 Requirements relating to documents, information and other assistance
659 Requirement to provide access to documents and information relating to affairs of law practice
660 Requirements in relation to complaint investigations
Part 6.3 Entry and search of premises
661 Application of Part and interpretation
662 Investigator’s power to enter premises
663 Search warrant
664 Powers of investigator while on premises
Part 6.4 Additional powers in relation to incorporated legal practices
665 Application of Part
666 Powers relating to investigations and audits to which this Part applies
667 Examination of persons
668 Inspection of books
669 Power to hold hearings
670 Compliance audit of law practice
671 Failure to comply with investigatory powers etc
672 General provisions relating to requirements imposed under this Chapter
673 Report to Commissioner of disciplinary matters
674 Obstruction or misleading of investigator
675 Destruction of evidence
676 Obligation of Australian lawyers
677 Permitted disclosure of confidential information obtained in course of investigation, examination or audit
678 Secrecy of appointment of investigators
Chapter 7 Regulatory authorities
Part 7.1 Legal Profession Admission Board
679 Constitution of Admission Board
680 Membership of Admission Board
681 Functions of Admission Board
682–685(Repealed)
Part 7.3 Legal Services Commissioner
686 Appointment of Commissioner
687 Acting Commissioner
688 Functions of Commissioner
689 Commissioner may require Councils to provide information
689A Functions of Commissioner in relation to advertising offences
690 Protocols relating to monitoring of regulatory functions
691 Annual report of Commissioner
692 Staff of Commissioner
693 Delegation of functions
694 Report on committees
695 Lay representation on committees
696 Functions of Bar Council
697 Report on committees
698 Lay representation on committees
699 Functions of Law Society Council
700 Council to submit annual report
Part 7.5 Legal profession rules
701 Purpose
702 Rules for barristers
703 Rules for solicitors
704 Joint rules for Australian legal practitioners
705 Rules for incorporated legal practices and multi-disciplinary partnerships
706 Subject-matter of legal profession rules
Division 3 Procedure for making rules
707 Commissioner to be notified of proposed rules
708 Public notice of proposed rules
709 Publication of rules
710 Commencement of rules
711 Binding nature of legal profession rules
712 Legal profession rules inconsistent with Act or regulations
713 Availability of rules
714 Review of rules requested by Commissioner
715 (Repealed)
716 Rules may be declared inoperative
717 Other provisions as to rules
718 Delegation
719 Liability of principals
720 Injunctions
721 Disclosure of information by local regulatory authorities
722 Confidentiality of personal information
722A Protection of applications for referral for pro bono legal services
723 Unlawful disclosure of information
724 Professional privilege or duty of confidence does not affect validity of or compliance with certain requirements
725 Secrecy provisions do not apply after 30 years
726 Privilege of lawyers as officers of Supreme Court
727 Service of notices on practitioners
728 Supreme Court may order delivery up of documents etc
729 Contempt of the Supreme Court
729A Appeals against orders and decisions of Tribunal
730 Protection from liability
730A Duty to report suspected offences
731 Offences
732 Proof of certain matters not required
733 Evidentiary certificates
734 Approved forms
735, 736 (Repealed)
737 Savings, transitional and other provisions
738 Regulations
739 Review of Act
Schedule 2 Legal Profession Admission Board
Schedule 4 Trustees of Public Purpose Fund
Schedule 7 Professional indemnity insurance—provisions relating to HIH insurance
Schedule 8 Mortgage practices and managed investment schemes—provisions relating to old mortgages