1 Name of Regulation
2 Commencement
3 Definitions
4 Meaning of “excluded offence”
Part 2 Interpretation—Part 1.2 of the Act
5 Definition of “corresponding law”—section 4 of the Act
6 (Repealed)
7 Default determination of associate’s home jurisdiction—section 8 of the Act
Part 3 Reservation of legal work and legal titles—Part 2.2 of the Act
8 Presumptions about taking or using name, title or description—section 16 of the Act
8A Prohibition on engaging in legal practice when not entitled—section 14 of the Act
Part 4 Admission of local lawyers—Part 2.3 of the Act
9 Agreed admission standards—section 24 of the Act
10 Roll of local lawyers—section 32 of the Act
Part 5 Legal practice by Australian legal practitioners—Part 2.4 of the Act
10A Application for grant of local practising certificate by prescribed classes of lawyers—section 45 of the Act
11 Manner of application for local practising certificate—section 46 of the Act
12 Timing of application for renewal of local practising certificate—section 47 of the Act
13 Completion of periods of supervised legal practice—sections 53 and 102 of the Act
14 Surrender of local practising certificate—section 79 of the Act
15 Fee for practising certificate for barristers—section 91 of the Act
16 Fee for practising certificate for solicitors—section 91 of the Act
17 Late fee—sections 92 and 92A of the Act
18 (Repealed)
19 Protocols—section 104 of the Act
20 Register of local practising certificates—section 106 of the Act
21 Notification of change in particulars
22 Application for practising certificate by Crown Solicitor requires report by Auditor-General
22A Australian Government Solicitor—section 114 of the Act
Division 2 Promotion of personal injury legal services
23 Definitions
Subdivision 2 Advertising by barristers and solicitors
24 Restriction on advertising personal injury services
25 Exception for certain advertisements by community legal centres
26 Exception for advertising specialty
27 Other exceptions
28 Responsibility for employees and others
29 Responsibility for advertisements published by others
30 Double jeopardy
31 Transitional provisions
Subdivision 3 Advertising by persons other than barristers and solicitors
32 Application of Subdivision
33 Definition of “personal injury advertisement”
34 Restrictions on personal injury advertisements
35 Exception for advertisements about domestic violence and discrimination—community legal centres
36 Exception for advertising specialty
37 Other exceptions
38 Protection of publishers
39 Double jeopardy
40 Transitional provisions
Part 6 Incorporated legal practices and multi-disciplinary partnerships—Part 2.6 of the Act
41 Exempt corporations—section 134 of the Act
41A Prohibition on conduct of managed investment scheme by incorporated legal practice—section 135 (2) of the Act
42 Notice of termination of provision of legal services—section 139 of the Act
43 Disqualifications and prohibitions—sections 153, 154 and 179 of the Act
Part 7 Legal practice by foreign lawyers—Part 2.7 of the Act
44 Scope of practice—section 188 of the Act
45 Trust money and trust accounts—section 195 of the Act
46 Professional indemnity insurance—section 196 of the Act
47 Fidelity cover (contributions)—section 197 of the Act
48 Fidelity Fund (levies)—section 197 of the Act
49 Fidelity Fund (failure to pay contribution or levy)—section 197 of the Act
50 Locally registered foreign lawyers not covered by Fidelity Fund
51 (Repealed)
52 Register of locally registered foreign lawyers—section 232 of the Act
Part 8 Trust money and trust accounts—Part 3.1 of the Act
53 Operation of this Part
54 Definitions
Division 2 Computerised accounting systems
55 Application of Division
56 Copies of trust records to be printed
57 Chronological record of information to be made
58 Requirements regarding computer accounting systems
59 Back-ups
Division 3 General trust accounts
60 Establishment of general trust account
61 Receipting of trust money
62 Deposit records for trust money
63 Direction for non-deposit of trust money in general trust account
64 (Repealed)
65 Payment by cheque
66 Payment by electronic funds transfer
67 Recording transactions in trust account cash books
68 Trust account receipts cash book
69 Trust account payments cash book
70 Recording transactions in trust ledger accounts
71 Journal transfers
72 Reconciliation of trust records
73 Trust ledger account in name of law practice or legal practitioner associate
74 Notification requirements regarding general trust accounts
75 Maintenance of controlled money accounts—section 256 (4) of the Act
76 Receipt of controlled money
77 Deposit of controlled money—section 256 (5) of the Act
78 Withdrawal of controlled money must be authorised
79 (Repealed)
80 Register of controlled money
81 Information to be recorded about transit money—section 257 of the Act
Division 6 Trust money generally
82 Trust account statements
83 Trust account statements for sophisticated clients
84 Register of investments
85 Trust money subject to specific powers—section 258 of the Act
86 Register of powers and estates in relation to trust money
87 (Repealed)
88 Withdrawing trust money for legal costs—section 261 (1) (b) of the Act
89 Keeping of trust records—section 264 of the Act
90 Keeping other records and information
91 Statements regarding receipt or holding of trust money
Division 7 External examinations
92 Requirement for external examinations
93 Appointment of designated persons—sections 274 and 275 of the Act
94 Prescribed form for law practice ceasing to be authorised to receive trust money or engage in legal practice—section 275 (3) (b) of the Act
95 Report on external examiner’s examination—section 277 of the Act
Division 8 Statutory deposits and Public Purpose Fund
96 Deposit of trust funds with Law Society
97 Amount of deposit
98 Time for deposit
99 Applicable period
100 Accounts to be kept by Law Society
101 Transitional provision: payment of Law Society liabilities under section 110 of the old Act
102 Protocols—section 247 of the Act
103 Law practice closing down, closing office or ceasing to receive or hold trust money
104 Conditions on approval of ADIs—section 280 (2) of the Act
105 Information to be provided to Law Society Council—section 299 of the Act
106 Crown Solicitor’s Trust Account
106A Receipt of trust money by barrister (section 252 of the Act)—exclusion under section 246 (3) of the Act
107 Exemptions
108 Transitional provision: former approved ADIs
Part 9 Costs disclosure and assessment—Part 3.2 of the Act
109 When does a matter have a substantial connection with this jurisdiction—section 307 of the Act
109A Disclosure of costs to clients (form)—section 309 (3) of the Act
110 Exceptions to requirement for disclosure—section 312 (1) (f) of the Act
110A Interest on unpaid legal costs—section 321 (4) (b) of the Act
110B Costs agreement with associated third party payer—section 322 (6) of the Act
111 Giving of bill by email—section 332 (5) (f) of the Act
111A Notification of client’s rights—section 333 (4) of the Act
111B Contents of itemised bill
Division 2 Costs fixed by regulations—Division 6 of Part 3.2 of the Act
112 Prescribed costs for recovery of certain debts and enforcement of certain judgments—sections 329 (1) (c) and (d) and 330 (1) of the Act
113 Prescribed costs for services in workers compensation matters—section 329 (1) (a) and (f) of the Act
114 Prescribed costs for probate and administration matters—section 329 (1) (e) of the Act
115 GST may be added to costs
Division 3 Costs in personal injury damages matters— Division 9 of Part 3.2 of the Act
116 Disclosure requirements regarding costs agreements—section 339 of the Act
117 Disclosure requirements regarding offers of compromise—section 340 of the Act
118 Court documentation—section 347 of the Act
Division 5 Costs assessment—Division 11 of Part 3.2 of the Act
Subdivision 1 Assessments (other than party/party costs)
119 Application of Subdivision
120 Approved forms
121 How to make an application for costs assessment—section 354 (1) of the Act
122 Procedure before application for assessment of bill referred to assessor
Subdivision 2 Assessments (party/party costs)
123 Application of Subdivision
124 How to make an application for assessment of party/party costs—section 354 (1) of the Act
125 Procedure before application for assessment of party/party costs
126 Determination of costs of party/party costs assessment—section 369 (3) (b) of the Act
Subdivision 3 Assessments (general)
127 Information relating to assessment of costs
128 Certificate of determination of costs and statement of reasons—section 370 of the Act
129 Circumstances in which assessor may not refuse to issue certificate—section 368 of the Act
130 Reference of applications to assessors
131 Application for review of determination—section 373 (2) of the Act
132 Delivery of application for review and related documents
133 Copy of certificate of determination to be given to Manager, Costs Assessment
134 Statement of reasons—section 380 of the Act
135 Circumstances in which panel may not refuse to issue certificate in respect of determination of review—section 378 of the Act
136 Determination of costs of review—section 379 (1) of the Act
137 Qualifications for membership of panels
138 Reference of applications to costs review panels
139 Applications by Commissioner or Council for assessment of costs during investigation of complaints
Part 10 Fidelity cover—Part 3.4 of the Act
140 Solicitors exempt from contributions—section 430 of the Act
141 Notice of levy—section 432 of the Act
142 Protocols—section 462 of the Act
143 Interstate legal practitioner becoming authorised to withdraw from local trust account: notification—section 472 (1) (a) of the Act
144 Interstate legal practitioner becoming authorised to withdraw from local trust account: contributions—section 472 (1) (b) of the Act
145 Application of Part 3.4 of the Act to multidisciplinary partnerships—section 474 of the Act
146 Transitional provision: liabilities under the former Fidelity Fund
Part 11 Mortgage practices and managed investment schemes—Part 3.5 of the Act
147 Definitions
148 Application of Part
149 Authority to secure by regulated mortgage
150 Loan applications
151 Identity of borrower
152 Independent advice
153 Insurance of secured property
154 Registration of mortgages
155 Summary of mortgage
156 Investments register
157 Investment restrictions
158 Valuation
159 Appointment of accountant
160 Notification of State regulated mortgages to Law Society Council—section 481 (1) of the Act
161 Mortgage held by nominee
162 Mortgagee solicitor’s nominee company
163 Dealing with money through trust account
164 Notice of variation of mortgage
165 Additional or substituted contributions
166 Declaration of trust
167 Retention of documents
168 Practicability of completion of summary of mortgage and investments register
169 Default procedures
170 Run-out mortgages
171 Managed investment schemes
172 Certain mortgages not regulated mortgages
Part 12 Complaints and discipline—Chapter 4 of the Act
173 Register of Disciplinary Action—section 577 (2) (e) of the Act
174 Pre-complaint powers where client is denied access to documents—section 595 (3) (b) of the Act
Part 13 Miscellaneous provisions
175 Discriminatory conduct (including sexual harassment) prohibited
176 Mandatory continuing legal education—special requirement
177 Advice on and handling of documents
178 (Repealed)
178A Disclosure of information by local regulatory authorities—section 721 of the Act
179, 180 (Repealed)
Schedule 2 Costs for recovery of certain debts and enforcement of certain judgments
Schedule 3 Costs for legal services in workers compensation matters
Schedule 4 Costs for legal services for probate and administration matters