1 Name of Regulation
2 Commencement
3 Definitions
4 Notes
Part 2 Practising certificates
5 Period for holder to apply for new certificate: sections 27 (3) and 28 (3)
6 Late fee: section 29C
6A Fee for practising certificate—barristers
6B Fee for practising certificate—solicitors
7 Information in application: section 30
8 Surrender of certificate
9 Refusal, cancellation or suspension
Part 3 Registers of practising legal practitioners
10 Information included
11 Publication of information
12 Notification of change in particulars
13 Provision of information to Prothonotary
Part 4 National practising certificates
14 Notification of establishment of office
15 Requirements of written notice
16 Period after which registration application is taken to be refused: section 48ZM (2)
17 Period during which foreign lawyer may apply for renewal of registration: section 48ZN (3)
18 Information in application to register or renew registration: section 48ZO (1) (b)
19 Cancellation of registration—time within which foreign lawyer must establish office or commercial presence: section 48ZQ (2) (d)
20 Scope of practice of foreign law: section 48ZS (1) (b) and (d)
21 Fidelity Fund contributions: sections 48ZAB and 78A
Part 6 Incorporated legal practices
22 Definitions
23 Exempt corporations
Division 2 Disclosures to be made with respect to legal services
24 Disclosures to be made with respect to legal services
Division 3 Application of Part 6 of the Act
Note
25 Money received by incorporated legal practice for non-legal services
26 Keeping of accounts: section 62
27 Audits
28 Application of section 64 of the Act to incorporated legal practices
Division 4 Application of Part 11 of the Act
Note
29 Solicitor directors must ensure cost disclosure requirements are complied with
30 Costs assessment
31 Liability for overcharging and misrepresentations as to costs
Division 5 Investigation and review of incorporated legal practices
32 Purposes for which powers may be exercised
33 Examination of persons
34 Inspection of books
35 Power to hold hearings
36 Failure to comply with investigation or review
Division 6 Appointment of solicitor director
37 Appointment of new solicitor director
38 Insurable barristers
39 Insurable solicitors
40 Provision of information relating to insurance
Part 8 Solicitors’ fidelity fund
41 Solicitors exempt from contributions: section 76 (5)
42 Interest on claims: section 85 (1)
43 Time for appeal against failure to determine claim: section 90D (3)
44 Multidisciplinary partnerships: section 48G
45 Particulars in bill of costs
Division 2 Costs fixed by regulation
46 Prescribed costs for legal services in workers compensation matters: section 196 (1) (a)
47 Prescribed costs for recovery of certain debts and enforcement of certain judgments: section 196 (1) (b) and (b1)
48 Prescribed costs for non-legal services in workers compensation matters: section 196 (1) (c)
49 Prescribed costs for probate matters (non-contentious): section 196
50 GST may be added to costs
51 Barristers may receive costs in advance
51A Approved forms
Division 1A Assessment of bill of costs (other than party/party costs)
52 Limitation period for applications by clients for cost assessment where bill paid or part paid
53 Form of, and fee for, application for assessment of bill of costs
54 Procedure before application for assessment of bill of costs referred to assessor
Division 2 Assessment of party/party costs
55 Form of, and fee for, application for assessment of party/party costs
56 Procedure before application for assessment of party/party costs
57 Determination of costs of party/party assessment
Division 3 Assessment of costs (general provisions)
58 Information relating to assessment of costs
59 Settlement of matter by consent
60 Delivery of application for assessment and related documents
61 Certificate of determination of costs and statement of reasons
62 Circumstances in which assessor may not refuse to issue certificate
63 Reference of applications to assessors
Division 4 Review of costs assessments by costs review panel
64 Application for review by costs review panel
65 Settlement of review application by consent
66 Delivery of application for review and related documents
67 Copy of certificate of determination to be given to Manager, Costs Assessment
68 Statement of reasons
69 Circumstances in which costs review panel may not refuse to issue certificate in respect of determination of review
70 Qualification for membership of costs review panels
71 Reference of applications to costs review panels
Part 11 Trust accounts and controlled money
72 Definitions
73 “Associate”—extended meaning
74 Keeping of records
75 Computer systems control
76 Money in transit
77 Statements of account
78 Receipt and withdrawal of money for costs and disbursements
79 Deposits
80 Receipts
81 Payment of trust money by cheque or electronic funds transfer
82 Daily receipt and payment transactions
83 Journal
84 Ledger
85 Ledger trial balance statement
86 Delegation
87 Account in the name of a solicitor
88 Notice to person on whose behalf controlled money is received
89 Controlled Money Register
90 Controlled money ledger
91 Listing of accounts
92 Payment of controlled money by cheque or electronic funds transfer
93 Delegation
Division 4 Accountant’s report
94 Accountant’s report to be lodged with Law Society
95 Check list to be provided
96 Duties regarding check list
97 Adverse or qualified reports
98 Cessation of practice or change in practice arrangements
99 Information to be provided to Law Society Council
Division 5 Mortgage transactions
100 Definitions
101 Application of Division
102 Authority to secure by regulated mortgage
103 Loan applications
104 Identity of borrower
105 Independent advice
106 Insurance of secured property
107 Registration of mortgages
108 Summary of Mortgage
109 Investments Register
110 Investment restrictions
111 Valuation
112 Appointment of accountant
113 Notification of State regulated mortgages to Law Society Council
114 Mortgage held by nominee
115 Solicitor’s nominee company
116 Dealing with money through trust account
117 Notice of variation of mortgage
118 Additional or substituted contributions
119 Declaration of trust
120 Retention of documents
121 Practicability of completion of Summary of Mortgage and Investments Register
122 Default procedures
123 Run-out mortgages
124 Managed investment schemes
125 Certain mortgages not regulated mortgages
126 Application of Regulation to Crown Solicitor
127 Crown Solicitor’s Trust Account
128 Report by Auditor-General
Part 12 Deposits with Law Society
129 Definition
130 Amount of deposit: section 64
131 Time for deposit
Part 13 Reporting requirements
132 Duty to report irregularities
133 Duty to report offences
134 Duty to report bankruptcy
135 Show cause statements relating to bankruptcy and indictable and tax offences
136 Show cause statements relating to failures to notify
137 Failures to notify—professional misconduct and unsatisfactory professional conduct
Part 14 Promotion of personal injury legal services
138 Definitions
Division 2 Advertising by barristers and solicitors
139 Restriction on advertising personal injury services
139A Exception for advertisements about domestic violence and discrimination—community legal centres
140 Exception for advertising specialty
140A Other exceptions
140B Responsibility for employees and others
140BA Responsibility for advertisements published by others
140C Double jeopardy
140D Transitional—finalised publications
Division 3 Advertising by persons other than barristers and solicitors
140E Application of Division
140F Definition of “personal injury advertisement”
140G Restrictions on personal injury advertisements
140H Exception for advertisements about domestic violence and discrimination—community legal centres
140I Exception for advertising specialty
140J Other exceptions
140K Protection of publishers
140L Double jeopardy
140M Transitional—finalised publications
Part 15 Miscellaneous provisions
141 Discriminatory conduct (including sexual harassment) prohibited
142 Mandatory continuing legal education—special requirement
142A Advice on and handling of documents
143 Savings and transitional provisions
Schedule 2 Costs for legal services in workers compensation matters
Schedule 4 Costs for other services in workers compensation matters