Legal Practice Act 1996 (Vic)

Version No. 035

Legal Practice Act 1996

Act No. 35/1996

Version incorporating amendments as at 5 April 2005

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY

1.Purposes
2.Commencement
3.Definitions
3A.When does a practitioner establish a practice?
4.When is money received?
5.Legal practitioner acting as agent for another

PART 2—FORMAL REQUIREMENTS FOR LEGAL PRACTICE

Division 1—Admission to legal practice

6.Admission to legal practice
7.Admission fee
8.Effect of admission

Division 2—The Register

9.Register of legal practitioners and firms
10.Inspection of the Register
11.Notification of changes by firms
12.Notification of changes by incorporated practitioners
13.Notification of changes by individual practitioners
13A.Notification of changes by interstate practitioners and registered foreign practitioners
14.Notification of deaths and liquidations

Division 3—Registration and RPA allocation

15.Application for registration by firms
16.Registration and RPA allocation
17.Allocation of practitioners who join firms or incorporated practitioners
18.Intending practitioners must notify Board
19.RPA allocation of intending practitioners

Division 4—Practising certificates

20.Practising certificates—form and conditions
21.Duration of practising certificates
22.Application for practising certificate (new or former practitioners)
23.Application for practising certificate (renewing practitioners)
23A.Late application for practising certificate
24.Application for variation of conditions
25.Further information
26.Mandatory refusal of practising certificates
27.Refusal of practising certificates for trust account irregularities
28.Refusal of practising certificates for misconduct or corporate irregularities
29.Issue or refusal of practising certificates or variation of conditions
30.Applicant may apply to Full Tribunal
31.Appeal to Court of Appeal
32.Payment and refund of fees and contributions
33.Surrender of practising certificate
34.Mandatory suspension or variation of practising certificate for insolvency
34A.Expungement of record of suspension or variation under section 34
35.Notification of failure to pay contributions or levies
36.Suspension of practising certificate for failure to pay contributions or levies
37.Suspension of practising certificate for trust account
deficiencies
38.Other grounds for suspension
39.Effect of suspension
40.Application to Full Tribunal following suspension
41.Appeal to Court of Appeal
41A.Variation of practising certificate conditions pending criminal proceedings
41B.Appeal to Court of Appeal

Division 5—Re-allocation of firms and practitioners

42.Notice of ceasing to be eligible (firms and incorporated practitioners)
43.Re-allocation of firms and incorporated practitioners ceasing to be eligible
44.Notice of ceasing to be eligible (sole and corporate practitioners)
45.Re-allocation of sole and corporate practitioners ceasing to be eligible
46.Re-allocation as a result of becoming eligible
47.Firm or incorporated practitioner may apply for re‑allocation
48.Re-allocation of firm or incorporated practitioner
49.Individual practitioner may apply for re-allocation
50.Re-allocation of individual practitioners
51.Exchange of information on re-allocation
52.Return of information necessary for disputes, investigations and charges

PART 2A—INTERSTATE PRACTICE

Division 1—Preliminary

53.Purposes of this Part

Division 2—Legal practice by interstate practitioners

54.Status of interstate practitioners
55.Interstate practitioner may practise in Victoria
56.Notification requirements for interstate practitioners
57.RPA allocation

Division 3—Disputes, complaints and discipline

58.Current practitioners practising interstate
59.Referral of disputes and disciplinary matters to interstate regulatory authorities
60.Dealing with matters referred by interstate regulatory
authorities
61.Furnishing information

Division 4—Further provisions for current practitioners in relation to interstate practice

62.Current practitioners are subject to interstate regulatory authorities
63.Current practitioner receiving trust money interstate
63A.Current practitioner's professional indemnity insurance

Division 5—General

63B.Victorian regulatory authority may exercise powers conferred by interstate law
63C.Agreements and arrangements with interstate regulatory authorities
63D.Repealed
63E.Transitional

PART 2B—PRACTICE OF FOREIGN LAW

Division 1—Preliminary

63F.Purpose of this Part
63G.Definitions
63H.What is the practice of foreign law?

Division 2—Unqualified foreign law practice

63I.Prohibition on unqualified foreign law practice

Division 3—Registration of foreign practitioners

63J.Registration notice
63K.Fees and Fidelity Fund contributions
63L.Registration and RPA allocation
63M.Conditions
63N.Notification of decision
63O.Effect of registration and annual fee
63P.Suspension of registered foreign practitioner
63Q.Effect of suspension
63R.Cancellation of registration
63S.Application to Full Tribunal
63T.Appeal to Court of Appeal

Division 4—Practice of foreign law

63U.Scope of practice
63V.Form of practice
63W.Letterhead and other identifying documents
63X.Designation
63Y.Employment of current and interstate practitioners by foreign practitioners
63Z.Employment of foreign practitioners by current practitioners, interstate practitioners and firms
63ZA.Professional indemnity insurance
63ZB.Trust money
63ZC.Exemption by Board

PART 3—THE MANNER OF LEGAL PRACTICE

Division 1—Principles of legal practice

64.General principles of professional conduct
65.Co-advocacy
66.Client access
67.Compulsory clerking prohibited
68.Compulsory chambers prohibited
69.Sole practice by barristers
70.Compulsory robing abolished
71.Regulation of other businesses carried on by current
practitioners

Division 2—Practice rules

72.Practice rules of RPAs
73.Practice rules of the Board
74.RPA must forward practice rules
75.Board must forward practice rules
76.Legal Ombudsman may recommend disallowance
77.Disallowance of practice rules
78.Effect of disallowance
79.Inspection and purchase of practice rules
80.Guidelines and model rules
81.Interpretation

Division 3—Competition

82.Legal Ombudsman to investigate matters relating to
competition
83.Practitioner or firm must provide information and documents
84.Report of investigation
85.Tabling in Parliament and government response

PART 4—INFORMATION AND LEGAL COSTS

Division 1—Information for clients

86.What information must be given to a client?
87.Information if another legal practitioner is to be retained
88.Form of statements
89.Changes must be notified
90.Exceptions to requirement for information
91.Effect of failure to give information
92.Progress reports

Division 2—Legal costs generally

93.On what basis are legal costs recoverable?
94.Security for legal costs
95.Interest on unpaid legal costs

Division 3—Costs agreements

96.Making costs agreements
97.Costs agreements may be conditional on success
98.Uplifted fees are allowed
99.Contingency fees are prohibited
100.Repealed
101.Effect of costs agreement
102.Certain costs agreements are void
103.Cancellation of costs agreement
104.Appeal to Full Tribunal
105.Appeal to Court of Appeal

Division 4—Bills of costs

106.Legal costs cannot be recovered unless bill of costs has been served
107.Bill of costs
108.Person may request itemised bill
109.Interim bills
110.Defence costs in criminal matters
111.Practitioner remuneration orders
112.Publication and availability
113.Disallowance
114.Legal Costs Committee

Division 5—Assessment of legal costs

115.Person may apply for assessment of a bill of costs
116.Court may order assessment of costs
117.Court may order division of payments
118.Procedure on assessment
119.Costs of assessment
120.Review of assessment
121.Legal costs subject to a costs dispute are not assessable

PART 5—DISPUTES WITH CLIENTS AND DISCIPLINE

Division 1—Disputes between clients and practitioners or firms

122.What is a dispute?
123.How is dispute resolution initiated?
124.Other proceedings stayed
125.Lodgement of disputed legal costs with RPA or Board
126.What does the RPA or the Board do with the dispute?
127.Settlement agreements
128.What happens if dispute is not settled?
129.Conciliation of disputes
130.Conciliation agreements
131.What happens if a party does not attend a conference?
132.What happens if conciliation is not successful?
133.What may the Tribunal decide?
134.Costs of hearing
135.Enforcement of orders
136.Suspension of order pending appeal
136A.More appropriate forum

Division 2—Complaints about practitioners' and firms' conduct

137.What are misconduct and unsatisfactory conduct?
138.Who may complain?
139.When may a complaint be made?
140.Form of complaint
141.Dismissal of unjustified complaints
142.Complaint treated as dispute in some circumstances
143.Legal Ombudsman may refer complaints to RPA or Board
144.RPA or Board may refer complaints to Legal Ombudsman

Division 3—Investigation of practitioners' and firms' conduct

145.Investigation by Legal Ombudsman
146.Investigation by RPA or Board
147.Legal Ombudsman to monitor RPA and Board investigations
148.Legal Ombudsman may give directions to RPA and Board
149.Practitioner or firm must provide information and documents
150.Investigation to be conducted expeditiously
151.What happens after an investigation is completed?
152.Notice of decision

Division 4—Review of RPA or Board decisions

153.Application for review
154.Review of decision
155.Role of RPA and Board in review
156.What may the Legal Ombudsman decide?

Division 5—Disciplinary jurisdiction of Tribunal

157.When may the Tribunal hear a disciplinary matter?
158.Constitution of Tribunal to hear charge
159.Penalties for unsatisfactory conduct
160.Penalties for misconduct
161.Practitioner or firm may be found guilty of lesser offence
162.Orders for costs
163.Compensation orders
164.Enforcement of orders
165.Suspension of order pending appeal
166.Publication of orders

Division 6—Appeals

167.Appeal to Full Tribunal
168.Security for costs of appeal
169.Power of Full Tribunal on appeal
169A.Orders for costs in disputes appeals
170.Appeal to Court of Appeal

Division 7—General

171.Application of Part
171A.Application of Part to foreign practitioners
172.Power of Supreme Court to discipline practitioners

PART 6—CLIENTS' MONEY

Division 1—How practitioners and firms must handle trust money

173.Establishment of trust account
173A.Trust account details to be notified to Board
174.Dealing with trust money
175.Protection for authorised deposit-taking institutions
176.Board may make arrangement with authorised deposit-taking institutions
177.Approved clerks
178.Unqualified trust money receipt

Division 2—Statutory deposit with Board

179.Initial deposit of trust money with the Board
180.Continuing requirement to deposit
181.Repayment by Board

Division 3—Record keeping, auditing and reporting

182.What records must be kept?
182A.Board may require information about trust account balances
183.Annual audit of trust accounts
184.Annual report of trust account audit or statutory declaration
185.Final audit of trust account
186.Board's supervisory role in audits
187.Courses of education for auditors

Division 4—Deficiencies in trust accounts

188.Trust account must not be in deficit
189.Practitioner must inform Board of suspected deficiencies
190.Approved clerks must inform Board of suspected deficiencies
191.Authorised deposit-taking institutions must report deficiencies in trust accounts

Division 5—Investigations

192.RPA or Board may appoint inspector to investigate
193.Legal Ombudsman may appoint auditor to investigate
194.Assistance with investigation
195.Power of entry with warrant
196.Inspector must report on investigation
197.Cost of investigation
198.Secrecy
199.Rules for qualification of inspectors

PART 7—DEFALCATIONS

Division 1—Contributions and Levies

200.Determination of classes of practitioners
201.Determination of contributions
202.Payment of contributions
203.Levies
204.Who must pay a levy?
205.When is a levy payable?
206.Board may recover contribution or levy
207.Employer must pay contribution or levy or reimburse
employee

Division 2—Claims

207A.Definitions
208.Entitlement to claim against the Fidelity Fund
209.Making a claim
210.Investigation of claim
211.Determination of claim
212.Assertion of claim in court
213.Court proceedings
214.Quantum of claim
215.Additional payments out of Fund
216.Payments out of Fund
217.Subrogation of Board
218.Immunity for innocent partners etc.
219.Subrogation of innocent partners etc.
220.Disallowance of subrogated claim
221.What is due diligence?
222.Board may insure against liability
223.Application of insurance money

PART 8—PROFESSIONAL INDEMNITY INSURANCE

Division 1—Professional indemnity insurance

224.Firms required to insure
225.Incorporated practitioners required to insure
226.Sole practitioners required to insure
227.Insurance to be maintained during legal practice
227A.Trade Practices Act and Competition Code
228.Terms and conditions of insurance
229.Interstate practitioners
229A.Exemption from insurance requirements

Division 2—Legal Practitioners' Liability Fund

230.Establishment
231.Payments into Fund
232.Payments out of Fund
233.Investment of Fund
233A.Levies

Division 3—Legal Practitioners' Liability Committee

234.Establishment
235.Liability Committee not to represent the Crown
236.Functions and powers
237.Membership
238.Payment of members
239.Acting members
240.Meetings
241.Resolutions without meetings
242.Validity of acts or decisions
243.Conflicts of interest
244.Staff and consultants
245.Consolidated annual reports
246.Secrecy
247.Immunity

PART 9—RECEIVERS AND MANAGERS

Division 1—Definitions

248.Definitions

Division 2—Appointment of receiver

249.Application for appointment of receiver
250.Order appointing receiver
251.Trust account dealings
252.Carrying on of legal practice
253.Receiver may invest money
254.Receiver may require delivery of property
255.Delivery of property to receiver
256.Receiver may seek power of entry
257.Application in relation to accounts
258.Receiver may recover money paid away in bets
259.Recovery of property where there has been a breach of
trust etc.
260.Time within which receiver may recover property
261.Requirement to pay compensation for defalcation to receiver
262.Subrogation of receiver
263.Improperly destroying property etc.
264.Receiver may deal with property
265.Claims to property
266.Summons for directions
267.Liens for regulated practitioner's legal costs
268.Examination by receiver
269.Termination of appointment of receiver
270.Property not dealt with by receiver
271.Remuneration of receiver
272.Receiver may be reimbursed for damages
273.Receiver is not personal representative
274.Property not to be levied
275.Returns by receivers
276.Surplus to be paid into Fidelity Fund
277.Costs

Division 3—Appointment of manager

278.Appointment of manager
279.Powers of manager
280.Receivership terminates management
281.Acts of manager to be taken as acts of regulated practitioner
282.Payment of expenses of management
283.Manager may be reimbursed for damages
284.Manager to report to RPA or Board
285.Termination of appointment of manager
286.Termination of management
287.Application of Part 6
288.Office accounts

PART 10—INCORPORATED PRACTITIONERS

289.Application for registration
290.Nomination of RPA
291.Registration
292.RPA allocation
293.Form and object of incorporated practitioner
294.Directors
295.Shares
296.Powers of incorporated practitioners
297.Directors' and members' liability

PART 11—RECOGNISED PROFESSIONAL ASSOCIATIONS

Division 1—Accreditation

298.Application for accreditation
299.Criteria for accreditation
300.Publication and duration of accreditation
301.Renewal of accreditation
302.Withdrawal from accreditation
303.Board may issue non-compliance notice
304.Effect of non-compliance notice
305.Suspension of accreditation
306.Appointment of administrator
307.Revocation of accreditation
308.Re-allocation of regulated practitioners
309.Application of Administrative Law Act
310.Board may advance money to prospective RPA

Division 2—RPA administration

311.Official publications
312.Reports to Board
313.Delegation

PART 12—UNQUALIFIED PRACTICE

314.Prohibition on unqualified legal practice
315.Exceptions to prohibition on unqualified legal practice
316.Injunction restraining unqualified practice
317.Sharing income with unqualified persons
318.Employment or engagement of practitioners without practising certificates
319.Employment or engagement of persons who have been banned from legal practice
320.Authorisation of employment or engagement
321.Orders prohibiting employment or engagement of certain
persons
322.Appeal to Court of Appeal
323.Unqualified persons must inform prospective employers
324.Permitting or assisting unqualified persons to practise
325.Prisoners must not practise

PART 13—CONVEYANCING BUSINESSES

326.Definitions
327.Employment or engagement in conveyancing business
328.Authorisation of employment or engagement
329.Unqualified persons must inform prospective employers
330.Conveyancers must disclose insurance etc.
330A.Board may require information and documents from conveyancers

PART 14—COUNCIL OF LEGAL EDUCATION AND BOARD OF EXAMINERS

Division 1—Council of Legal Education

331.Council of Legal Education
332.Functions and powers
333.Meetings
334.Deputy for Attorney-General
335.Staff and consultants
336.Validity of acts or decisions
337.Rules

Division 2—Board of Examiners

338.Board of Examiners
339.Resignation and removal
340.Chairperson
341.Functions and powers
342.Appeal to Supreme Court
343.Meetings
344.Deputy members
345.Staff and consultants
346.Validity of acts or decisions

PART 15—LEGAL PRACTICE BOARD

Division 1—The Board

347.Establishment
348.Board not to represent the Crown
349.Membership
350.Chairperson and deputy chairperson
351.Practitioner members
352.Non-practitioner members
353.Payment of members
354.Vacancies, resignations, removal from office
355.Acting appointments
356.Casual vacancies of practitioner members
357.Meetings
358.Conflicts of interest
359.Resolutions without meetings
360.Validity of acts or decisions
361.Staff, consultants and delegation
362.Secrecy
363.Immunity

Division 2—Election of practitioner members

364.Electoral rolls
365.Enrolment
366.Elections
367.Preferential voting
368.Election of advocate and non-advocate members
369.Elections to fill casual vacancies
370.Arrangements with Victorian Electoral Commission
371.Regulations

PART 16—ESTABLISHMENT OF FUNDS

Division 1—Public Purpose Fund

372.Public Purpose Fund
373.Accounts in Public Purpose Fund
374.General Account
375.Statutory Deposit Account
376.Legal Practice Board Account
377.Legal Profession Tribunal Account
378.Legal Ombudsman
379.Trust Accounts Regulation Account
380.Legal Aid Fund
381.Victoria Law Foundation
382.Leo Cussen Institute
383.Law Reform and Research Account
384.Limit on amounts
384A.Board may take into account previous funding
384B.Timing of payments and instalments
385.Fidelity Fund
386.Legal Practice Fund
387.Payments to RPAs for continuing legal education programs etc.

Division 2—Fidelity Fund

388.Legal Practitioners' Fidelity Fund
389.Payments to liquidators etc.
390.Public Purpose Fund

Division 3—Legal Practice Fund

391.Legal Practice Fund
392.Payments to RPAs for regulating practitioners

PART 17—LEGAL PROFESSION TRIBUNAL

Division 1—Tribunal

393.Establishment
394.Chairperson and deputy chairpersons
395.Registrar and deputy registrar
396.Term of office and payment
397.Vacancies, resignation and removal from office
398.Acting chairperson
399.Acting registrar and deputy registrar
400.Composition of Tribunal for proceedings
401.Validity of proceedings
402.Majority decisions
403.Change in composition
404.Disclosure of interests
405.Staff
406.Protection of members, advocates and witnesses

Division 2—Procedure of Tribunal

407.Duty to act fairly
408.Evidence
409.Reasons
410.Who is entitled to appear?
411.Tribunal may join parties and grant leave to intervene
412.Tribunal must give notice of hearings and allow witnesses
413.Hearings are open to public unless otherwise ordered
413A.Interim orders
414.Directions
415.Rules

Division 3—Conciliators

416.Panel of conciliators
417.Payment of conciliators
418.Secrecy
419.Immunity

PART 18—LEGAL OMBUDSMAN

420.Appointment
421.Payment
422.Resignation, suspension and removal
423.Acting appointment
424.Validity of acts and decisions
425.Staff and consultants
425A.Delegation
426.Annual reports
427.Other reports
428.Secrecy
429.Immunity
430.Ex gratia payments

PART 19—GENERAL

Division 1—Notices and evidentiary matters

431.Service of notices on practitioners and firms
432.Service on the Board and RPAs
433.Service of notices on other persons
434.When is service effective?
435.Evidentiary matters

Division 2—Offences

436.Compliance with Tribunal orders etc.
437.Failing to appear or produce documents
438.Contempt of Tribunal
439.False or misleading information
440.Offences by firms
441.Who may prosecute offences?

Division 2A—Investigation of offences

441A.Board may appoint person to investigate
441B.Assistance with investigation
441C.Power of entry with warrant
441D.Inspector must report on investigation
441E.Secrecy

Division 3—Miscellaneous

442.Liability for negligence etc.
443.Destruction of documents
444.Supreme Court—limitation of jurisdiction

Division 4—Regulations

445.Regulations

PART 20—Repealed

446–451.Repealed

PART 21—REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONALS

452, 453.Repealed
454.Savings, transitional and other provisions

__________________

SCHEDULES

SCHEDULE 1—Repealed

SCHEDULE 2—Savings, transitional and other provisions

═══════════════

ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 035

Legal Practice Act 1996

Act No. 35/1996

Version incorporating amendments as at 5 April 2005

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1.Purposes
The main purposes of this Act are—
(a)to improve the regulation of legal practice in Victoria;
(b)to repeal the Legal Profession Practice Act 1958;
(c)to amend the Partnership Act 1958.

2.Commencement
(1)This Part, section 448, Part 21 (except sections 452 and 453) and Schedule 2 come into operation on the day on which this Act receives the Royal Assent.
(2)Section 447 is deemed to have come into operation on 8 March 1988.
(3)The remaining provisions of this Act (except section 67) come into operation on 1 January 1997.
(4)Section 67 comes into operation on 1 July 1997.

3.Definitions
(1)In this Act—
"admission rules" means rules for the admission to legal practice made under section 337;
"approved auditor" means a person, other than a person to whom a direction under section 186(3) applies, who—
(a)is a member of the Australian Society of Certified Practising Accountants, the National Institute of Accountants or the Institute of Chartered Accountants Australia; and
(b)either—
(i)meets the requirements of one of those bodies to practise as a public accountant; or
(ii)is employed by an RPA and meets the requirements of the rules (if any) made by the Board under section 199 for qualification as an inspector—

or both; and
(c)has obtained a degree in commerce, accounting, business studies or a similar discipline from an Australian university or from a foreign university approved by the Board; and
(d)has successfully completed any courses of education required by the Board under section 187(1)(a); and
(e)subject to sub-section (3), has completed or substantially assisted in carrying out the audit of the trust account of at least 2 (or such higher number as is prescribed) firms, legal practitioners or approved clerks in respect of any of the previous 3 audit years;

"approved clerk" means a person approved under section 177;
"audit year" means the year ending on 31 October;

"authorised deposit-taking institution" has the same meaning as in the Banking Act 1959 of the Commonwealth;

* * * * *

"Board" means Legal Practice Board established by section 347;
"Board of Examiners" means Board of Examiners established by section 338;

"client" means—
(a)in Part 5, a person who has a dispute with a legal practitioner or firm;
(b)in Part 13, a person who retains a conveyancer to perform conveyancing work for fee or reward;
(c)elsewhere, a person who retains a legal practitioner or firm to provide legal services for fee or reward;

"community legal centre" means a body formed for the purpose of providing legal advice, aid or assistance, the profit or other income of which is not divided among or received by its members except by way of genuine remuneration;
"compensation order" has the meaning given in section 133(1)(a);
"complaint" means a complaint about the conduct of a legal practitioner or firm made under section 138;
"conditional costs agreement" has the meaning given in section 97;
"constitution" of a body corporate has the meaning given in section 9 of the Corporations Act;

"corporate practitioner" means a legal practitioner who engages in legal practice as an employee of a person or body other than a firm or another legal practitioner;
"costs agreement" means an agreement about the payment of legal costs;
"Costs Committee" means Legal Costs Committee established under section 114;
"costs dispute" means a dispute referred to in section 122(1)(a);

"Council" means Council of Legal Education established by section 331;
"current practitioner" means a legal practitioner who holds a practising certificate;

"defalcation" means—
(a)an offence under Division 2 of Part I of the Crimes Act 1958 in relation to any money or other property; or
(b)an offence in relation to any money or other property punishable by imprisonment, including embezzlement, failure to account and fraudulent misappropriation;

"dispute" has the meaning given in section 122;
"domestic partner" of a person means an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(a)for fee or reward; or
(b)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

"engage in the practice of foreign law" has the meaning given in section 63H;

"establish a practice" has the meaning given in section 3A;

"family member" of a person means a parent, spouse, domestic partner, child, grandchild, sibling, or child of a sibling of the person;

"Fidelity Fund" means Legal Practitioners' Fidelity Fund established under Division 2 of Part 16;
"financial institution" means—
(a)an authorised deposit-taking institution; or

* * * * *
(c)a person (other than a legal practitioner) whose sole or principal business activities are the borrowing of money or the provision of finance or both; or
(d)a person (other than a legal practitioner)—
(i)whose business activities include the borrowing of money or the provision of finance or both; and
(ii)who is, or is a member of a class of persons that is, prescribed as a financial institution for the purposes of this Act;

"firm" means a firm (within the meaning of the Partnership Act 1958) of legal practitioners;
"foreign practitioner" has the meaning given in section 63G;

"Full Tribunal" means the Tribunal constituted in accordance with section 400(2);

* * * * *

"home State"—
(a)of a current practitioner means Victoria;
(b)of an interstate practitioner means—
(i)in the case of a natural person, the State in which they have been admitted to legal practice or, if they have been admitted to practice in more than one State, the State in which they have their principal place of practice; or
(ii)in the case of a body corporate, the State in which they are incorporated or registered or, if they are registered in more than one State, the State in which they have their principal place of practice;

"incorporated practitioner" means a company that is registered under section 291 as an incorporated practitioner and in section 12, Division 5 of Part 2, Parts 3, 4, 5 and 6, Division 2 of Part 7 and Parts 9 and 19, includes an interstate practitioner that is a body corporate;
"insolvent under administration" means—
(a)a person who is an undischarged bankrupt; or
(b)a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or
(c)a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if a final payment has not been made under that composition; or
(d)a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated;

"inspector" means—
(a)in Division 5 of Part 6, a person appointed under section 192 or 193;
(b)in Division 2A of Part 19, a person appointed under section 441A;

"interstate practising certificate" means a certificate or other form of authorisation issued by an interstate regulatory authority that confers an authority to engage in legal practice in the State in which it is issued, whether—
(a)generally or of a particular type; or
(b)unconditionally or subject to conditions, restrictions or limitations;

"interstate practitioner" means a person—
(a)who—
(i)in the case of a natural person, has been admitted to legal practice in another State; or
(ii)in the case of a body corporate, has been incorporated or registered under the law of another State; and
(b)who holds an interstate practising certificate, or is otherwise entitled to engage in legal practice in that State; and
(c)who is not a current practitioner—

other than a person who is licensed in another State to perform legal work in relation to conveyancing but is not entitled to engage generally in legal practice in that State;
"interstate regulatory authority" means a person or body in another State having the function conferred by law of admitting persons to legal practice, issuing interstate practising certificates to persons, making rules for engaging in legal practice or receiving complaints against, investigating the conduct of, or disciplining, persons engaged in legal practice in that State;
"itemised bill" means a bill of costs that specifies in detail how the legal costs are made up in a way that would allow the bill to be assessed under Division 5 of Part 4;
"legal costs" means all amounts that a person has been or may be charged by, or is or may become liable to pay, a legal practitioner or firm for the provision of legal services including disbursements but not including interest;
"Legal Ombudsman" means Legal Ombudsman appointed under Part 18;
"Legal Practice Fund" means Legal Practice Fund established under Division 3 of Part 16;
"legal practitioner" means a person admitted to legal practice in Victoria or an incorporated practitioner and includes—
(a)an interstate practitioner in Parts 2B, 3, 4, 5, 9, 12 and 19;
(b)an interstate practitioner who has established a practice in Victoria in Part 6 (except section 178);

"Liability Committee" means Legal Practitioners' Liability Committee established by section 234;
"Liability Fund" means Legal Practitioners' Liability Fund established by the Liability Committee under section 230;
"lump sum bill" means a bill of costs that describes the legal services to which the bill relates and specifies the total amount of the legal costs;
"member"—
(a)of the Board includes the chairperson and deputy chairperson of the Board;
(b)of the Tribunal includes the chairperson, deputy chairperson, registrar and deputy registrar of the Tribunal;

"misconduct" has the meaning given in section 137;
"money" includes any instrument for the payment of money that may be paid into a bank and in Part 7 also includes any security for money the title to which is transferable by delivery;
"mortgage" includes a charge, security, bill of sale, loan contract, lien and any other document purporting to secure or regulate the repayment of money or money's worth but does not include a terms contract of sale of land;
"nominee mortgage" means a mortgage—
(a)under which the mortgagee is—
(i)a legal practitioner or interstate practitioner; or
(ii)a corporation, not being an authorised deposit-taking institution or a prescribed person, of or in which a legal practitioner or interstate practitioner or a family member of a legal practitioner or intestate practitioner—

(A)holds the position of director or is otherwise concerned in the management of the corporation; or
(B)holds, whether legally or beneficially, a financial interest that carries with it power to control the making of any management decision; and

(b)that secures the repayment of a loan of money given to the legal practitioner or interstate practitioner by one or more clients for the purpose of investment;

"non-litigious legal services" means legal services that do not involve the commencement or conduct of proceedings in any court or tribunal;
"official publication" of an RPA means a newsletter, journal or other publication of the RPA that is circulated to all its regulated practitioners;
"party", in relation to a charge brought in the Tribunal as a result of a complaint, includes the complainant;
"practice rules"—
(a)in relation to a legal practitioner or firm, means rules made under Division 2 of Part 3 by the RPA of which the practitioner or firm is a regulated practitioner or by the Board, if the practitioner or firm is a regulated practitioner of the Board;
(b)in relation to an approved clerk, means rules made under Division 2 of Part 3 by the RPA that approved the clerk;

"practising certificate" means certificate to engage in legal practice in Victoria issued under Division 4 of Part 2;
"practising certificate year" means the year ending on 30 June;

"practitioner remuneration order" means an order made under section 111;
"professional indemnity insurance" means insurance against civil liability arising in connection with legal practice or the administration of trusts;
"public notary" means a person appointed as a public notary under the Public Notaries Act 2001;

"Public Purpose Fund" means Public Purpose Fund established under Division 1 of Part 16;
"Register" means Register of Legal Practitioners kept by the Board under section 9;

* * * * *

"registered foreign practitioner" has the meaning given in section 63G;

* * * * *

"registrar" means registrar of the Tribunal;
"regulated practitioner"—
(a)of an RPA, means a legal practitioner, interstate practitioner, firm or registered foreign practitioner that has been allocated to the RPA by the Board;
(b)of the Board, means a legal practitioner, interstate practitioner, firm or registered foreign practitioner that has been allocated to the Board or that is a regulated practitioner of the Board by virtue of section 306(1);

"RPA" means recognised professional association accredited under section 299;

* * * * *

"sole practitioner" means a legal practitioner (being a natural person) who engages in legal practice solely on his or her own account;
"spouse" of a person means a person to whom the person is married;

"State" means a State or Territory of the Commonwealth;

"Taxing Master" means Taxing Master of the Supreme Court;
"Tribunal" means Legal Profession Tribunal established by Part 17;
"trust" includes a trust under which the trustee has a beneficial interest in the trust property;
"trustee" includes personal representative;
"trust account" means the trust account required to be established by a legal practitioner, a firm or an approved clerk under Part 6;
"trust money" means—
(a)money given or paid to a firm, a legal practitioner or an interstate practitioner in the course of legal practice in Victoria for, or on behalf of, a person or body other than the firm or practitioner; or
(b)money given or paid to a firm, a legal practitioner, an interstate practitioner or an approved clerk on account of legal costs in advance of legal services to be provided in the course of legal practice in Victoria; or
(c)money given or paid to a registered foreign practitioner—
(i)in the course of engaging in the practice of foreign law for, or on behalf of, a person or body other than the practitioner; or
(ii)on account of legal costs in advance of legal services to be provided in the course of engaging in the practice of foreign law;

"unsatisfactory conduct" has the meaning given in section 137;
"Victorian regulatory authority" means the Board, an RPA, the Legal Ombudsman, the Tribunal or the Supreme Court.

(1A)For the purposes of the definition of "domestic partner" in sub-section (1)—
(a)in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;
(b)a person is not a domestic partner of another person only because they are co-tenants.

(2)If this Act requires a notice or other document to be in a particular form, it is sufficient in law if the document is in a form to the like effect of that form.
(3)The Board may exempt a person from the requirement of paragraph (e) of the definition of "approved auditor" in sub-section (1).

3A.When does a practitioner establish a practice?
(1)For the purposes of this Act and subject to sub-section (3), a current practitioner or an interstate practitioner establishes a practice in a State other than their home State when the practitioner first offers and provides legal services to the public in that State.
(2)For the purposes of this Act and subject to sub-section (3), a foreign practitioner establishes a practice in Victoria when the practitioner first offers and provides legal services to the public in Victoria.
(3)A practitioner is not to be taken to establish a practice in a State—
(a)if the practitioner provides legal services in that State to one client only; or
(b)if the practitioner provides legal services in that State only in connection with one transaction or a series of associated transactions.

4.When is money received?
(1)A reference in this Act to money given or paid to, or received by, a legal practitioner, interstate practitioner or firm for or on behalf of a person includes a reference to money given or paid to, or received by, the practitioner or firm as a stakeholder under the Retirement Villages Act 1986 or the Sale of Land Act 1962.
(2)A reference in this Act to money given or paid to, or received by, a legal practitioner, interstate practitioner or registered foreign practitioner includes a reference to money received in the course of or in connection with legal practice in Victoria (or, in the case of a registered foreign practitioner, in the course of or in connection with engaging in the practice of foreign law in Victoria)—
(a)by any employee of the practitioner and, in the case of an incorporated practitioner, any director of the practitioner; or
(b)by any legal practitioner, interstate practitioner or foreign practitioner with whom the practitioner shares income from any business.

(3)A reference in this Act to money given or paid to, or received by, a firm includes a reference to money received in the course of or in connection with legal practice in Victoria—
(a)by any partner or employee of the firm; or
(b)by any legal practitioner, interstate practitioner or foreign practitioner with whom the firm shares income from any business.

5.Legal practitioner acting as agent for another
For the purposes of this Act a legal practitioner, interstate practitioner, registered foreign practitioner or firm that receives any income in respect of business transacted by the practitioner or firm as agent for another practitioner or firm must not be taken to be a practitioner or firm that shares income with that other practitioner.

_______________

PART 2—FORMAL REQUIREMENTS FOR LEGAL PRACTICE

Division 1—Admission to legal practice

6.Admission to legal practice
(1)The Supreme Court may admit a person to legal practice in Victoria if he or she—
(a)meets the requirements of the admission rules; and
(b)pays the admission fee; and
(c)takes an oath of office, or makes an affirmation of office, in the form required by the Court.

(2)A person admitted by the Supreme Court must sign the roll of practitioners kept by the Court.
(3)The admission of a person to legal practice is effective from the time the person signs the roll of practitioners.
(4)The Prothonotary must forward to the Board the name, date of birth and date of admission of each person admitted to legal practice as soon as practicable after the person has signed the roll of practitioners.
7.Admission fee
(1)The admission fee consists of a prescribed general fee and a prescribed library fee[1].
(2)The general fee is payable to the Supreme Court to be applied to meet the expenses of the Council of Legal Education and the Board of Examiners (other than expenses that are met from the Public Purpose Fund).
(3)The library fee is payable to the Supreme Court Library Fund.
8.Effect of admission
(1)A person admitted to legal practice—
(a)is a barrister and solicitor of the Supreme Court; and
(b)is an officer of the Supreme Court.

(2)Sub-section (1)(b) does not confer on a person any right to bring proceedings in the Supreme Court, or any immunity from proceedings in any court, that the person would not have if he or she were not an officer of the Supreme Court.

Division 2—The Register

9.Register of legal practitioners and firms
(1)The Board must keep a register of all legal practitioners, firms, interstate practitioners, registered foreign practitioners and public notaries.
(2)The Register is to be called the Register of Legal Practitioners.
(3)The following information must be included on the Register in respect of each legal practitioner (not being an incorporated practitioner)—
(a)the name, date of birth and date of admission of the practitioner; and
(ab)if the practitioner is a public notary, the date of appointment as a public notary; and

(b)whether or not the practitioner is a current practitioner; and

(c)if the practitioner is a current practitioner—
(i)the name of any firm of which they are a partner or an employee, any incorporated practitioner of which they are a director or an employee or any other person or body of which they are an employee; and
(ii)if the practitioner is a sole practitioner, any business names under which they engage in legal practice;
(iii)the RPA to which they have been allocated or, if they have been allocated to the Board, that fact; and
(iv)the conditions of the practising certificate held by the practitioner; and
(v)any other condition, limitation or restriction to which the practitioner is subject in respect of their legal practice; and
(vi)the practitioner's address for service of notices and other documents; and

(ca)the information specified in section 173A (trust account details); and

(d)any suspension or cancellation of a practising certificate held by the practitioner (whether or not the suspension or cancellation is current); and
(e)the prescribed information (if any).

(4)The following information must be included on the Register in respect of each incorporated practitioner—
(a)the information specified in section 291(2); and
(b)any other condition, limitation or restriction to which the incorporated practitioner is subject in respect of its legal practice; and
(ba)the information specified in section 173A (trust account details); and

(c)the prescribed information (if any).

(5)The following information must be included on the Register in respect of each firm—
(a)the name of each partner of the firm; and
(b)the RPA to which the firm has been allocated or, if the firm has been allocated to the Board, that fact; and
(c)any condition, limitation or restriction to which the firm is subject in respect of its legal practice; and
(d)the firm's address for service of notices and other documents; and
(da)the information specified in section 173A (trust account details); and

(e)the prescribed information (if any).

(6)The following information must be included on the Register in respect of each interstate practitioner who gives notice to the Board under section 56—
(a)the information specified in section 56(2); and
(b)the RPA to which the practitioner has been allocated or, if they have been allocated to the Board, that fact; and
(c)any other condition, restriction or limitation to which the practitioner is subject in respect of their legal practice; and
(ca)the information specified in section 173A (trust account details); and

(d)the prescribed information (if any).

(7)The following information must be included on the Register in respect of each registered foreign practitioner—
(a)the information specified in section 63L(6); and
(b)any other condition, restriction or limitation to which the practitioner is subject in respect of their practice of foreign law; and
(ba)the information specified in section 173A (trust account details); and

(c)the prescribed information (if any).

10.Inspection of the Register
(1)A person may—
(a)inspect the Register at the office of the Board during ordinary office hours without charge;
(b)obtain an extract from the Register on payment of the fee determined by the Board.

(2)If the Register includes a person's residential address, that address is not available to the public, unless—
(a)the person authorises it to be available; or
(b)the residential address is the person's address for service of documents.

(3)Despite sub-section (1), information specified in section 173A (trust account details) that is on the Register is not available to the public.
11.Notification of changes by firms
(1)A firm must notify the Board of any change to any of the particulars on the Register in respect of the firm (other than a re-allocation of the firm) within 14 days after becoming aware of the change.
(2)A firm must give written notice to the Board of each legal practitioner—
(a)who becomes a partner or an employee of the firm; or
(b)who ceases to be a partner or an employee of the firm—

within 14 days after the practitioner becomes or ceases to be a partner or an employee.
(3)If the Board approves a form of notice for the purposes of this section, a notice under sub-section (1) or (2) must be in that form.
12.Notification of changes by incorporated practitioners
(1)An incorporated practitioner must notify the Board of any change to any of the particulars on the Register in respect of the practitioner (other than a re-allocation of the practitioner) within 14 days after becoming aware of the change.
(2)An incorporated practitioner—
(a)must give written notice to the Board of each legal practitioner—
(i)who becomes a director or an employee of the incorporated practitioner; or

(ii)who ceases to be a director or an employee of the incorporated practitioner—

within 14 days after the practitioner becomes or ceases to be a director or an employee; and
(b)must, within 14 days after lodgement, give the Board a copy of each document relating to the practitioner lodged by or on behalf of the practitioner with the Australian Securities and Investments Commission under the Corporations Act.

(3)If the Board approves a form of notice for the purposes of this section, a notice under sub-section (1) or (2)(a) must be in that form.
13.Notification of changes by individual practitioners
(1)A current practitioner who is a natural person must notify the Board of any change to any of the particulars on the Register in respect of the practitioner (other than a re-allocation of the practitioner) within 14 days after becoming aware of the change.
(2)Sub-section (1) does not apply to a practitioner who is—
(a)a partner or an employee of a firm; or
(b)a director or an employee of an incorporated practitioner; or
(c)an employee of a sole practitioner—

if the firm, incorporated practitioner or sole practitioner has notified the Board of the change.
(3)A sole practitioner must give written notice to the Board of any legal practitioner—
(a)who becomes an employee of the practitioner; or
(b)who ceases to be an employee of the practitioner—

within 14 days after the person becomes or ceases to be an employee.
(4)If the Board approves a form of notice for the purposes of this section, a notice under sub-section (1) or (3) must be in that form.

13A.Notification of changes by interstate practitioners and registered foreign practitioners
(1)An interstate practitioner who engages in legal practice in Victoria must notify the Board of any change to any of the particulars on the Register in respect of the practitioner (other than a re-allocation of the practitioner) within 14 days after becoming aware of the change.
(2)If an interstate practitioner who has ceased to engage in legal practice in Victoria re-commences to engage in legal practice in Victoria, the practitioner must notify the Board of any change to any of the particulars on the Register in respect of the practitioner (other than a re-allocation of the practitioner) within 14 days after that re-commencement.
(3)A registered foreign practitioner must notify the Board of any change to any of the particulars on the Register in respect of the practitioner (other than a re-allocation of the practitioner) within 28 days after becoming aware of the change.
(4)If the Board approves a form of notice for the purposes of this section, a notice under sub-section (1), (2) or (3) must be in that form.
(5)Sub-section (1) or (2) does not apply to an interstate practitioner if an interstate regulatory authority has notified the Board of the change.

14.Notification of deaths and liquidations
(1)The personal representative of a deceased legal practitioner who was not, at the time of death, a partner or an employee of a firm, a director or an employee of an incorporated practitioner, or an employee of a sole practitioner must notify the Board of the death within 14 days after becoming the personal representative.
Penalty:2 penalty units.

(2)The receiver, receiver and manager, administrator or liquidator of an incorporated practitioner must notify the Board of his or her appointment within 14 days after the appointment (except in the case of an appointment made by or on behalf of the Board).
Penalty:10 penalty units.

(3)A legal practitioner who becomes an insolvent under administration must notify the Board of that fact within 14 days.
(4)A guardian or administrator appointed in respect of a legal practitioner or a legal practitioner's estate under the Guardianship and Administration Act 1986 must notify the Board of the appointment within 14 days after the appointment.
(5)On receiving a notice under this section, the Board must make the appropriate entry on the Register.

Division 3—Registration and RPA allocation

15.Application for registration by firms
(1)A firm that intends to engage in legal practice in Victoria must make a written application to the Board for registration.

(2)An application must contain—
(a)the name of and address for service of documents on the firm; and
(b)the name, date of birth and date of admission of each legal practitioner who is a partner or an employee of the firm; and
(c)a nomination—
(i)of an RPA of which the firm is eligible to be a regulated practitioner; or
(ii)if there is no such RPA, of the Board—

to regulate the firm and the legal practitioners who are partners or employees of the firm.

(3)A firm is eligible to be a regulated practitioner of any RPA of which each legal practitioner who is a partner or an employee of the firm is a member or is eligible to be a member.
(4)If the Board approves a form of application for the purposes of this section, an application under sub-section (1) must be in that form.
16.Registration and RPA allocation
(1)As soon as practicable after receiving an application under section 15, the Board must register the firm by making the appropriate entries in the Register and—
(a)must allocate the firm to the RPA nominated by the firm if satisfied that it is eligible to be a regulated practitioner of that RPA; or
(b)if not satisfied that the firm is eligible to be a regulated practitioner of the nominated RPA, after consultation with the firm, must allocate it to an RPA of which it is eligible to be a regulated practitioner; or
(c)is satisfied that the firm is not eligible to be a regulated practitioner of any RPA, must allocate it to the Board.

(2)On the Board registering the firm, the firm and each legal practitioner who is a partner or an employee of the firm become regulated practitioners of the RPA to which the firm is allocated or, if sub-section (1)(c) applies, of the Board.
(3)The Board must give written notice to the firm and the RPA (if any) as soon as practicable after registering the firm under this section.
(4)A firm must not commence to engage in legal practice before it has been registered and allocated to an RPA or the Board under this section.
Penalty:20 penalty units.

17.Allocation of practitioners who join firms or incorporated practitioners
(1)The Board must allocate a legal practitioner who becomes a partner or an employee of a firm to the RPA of which the firm is a regulated practitioner (or to the Board, if it is a regulated practitioner of the Board) as soon as practicable after receiving a notice under section 11(2), unless the practitioner is already a regulated practitioner of that body.

(2)The Board must allocate a legal practitioner who becomes a director or an employee of an incorporated practitioner to the RPA of which the incorporated practitioner is a regulated practitioner (or to the Board, if it is a regulated practitioner of the Board) as soon as practicable after receiving a notice under section 12(2), unless the practitioner is already a regulated practitioner of that body.
(3)An allocation takes effect when the relevant entry is made to the Register.
(4)The Board must given written notice to the legal practitioner and the RPA (if any) as soon as practicable after making an allocation under this section.
(5)A legal practitioner who ceases to be a partner or an employee of a firm or a director or an employee of an incorporated practitioner continues to be a regulated practitioner of the body of which he or she was a regulated practitioner immediately before so ceasing until the practitioner is re-allocated by the Board.
(6)Despite anything to the contrary in this section, if a legal practitioner who is a partner or an employee of a firm, a director or an employee of an incorporated practitioner or an employee of a sole practitioner concurrently becomes a partner or an employee of another firm, a director or an employee of another incorporated practitioner or an employee of another sole practitioner that is a regulated practitioner of a different RPA, the legal practitioner must elect in writing to the Board to be re-allocated to that RPA or to remain a regulated practitioner of the RPA that regulates the first firm, incorporated practitioner or sole practitioner.
(7)If a legal practitioner elects under sub-section (6) to be re-allocated, the Board must re-allocate the practitioner as soon as practicable.
18.Intending practitioners must notify Board
(1)A legal practitioner (being a natural person) who intends to engage in legal practice in Victoria must give the Board a written notice—
(a)stating their name, date of birth and date of admission; and

(b)if they intend to engage in legal practice—
(i)as a partner or an employee of a firm, stating the name and address of that firm; or
(ii)as a director or an employee of an incorporated practitioner, stating the name and address of the incorporated practitioner; or
(iii)as an employee of a sole practitioner, stating that practitioner's name and address; or
(iv)as a corporate practitioner, stating the name and address of the intended employer; or
(v)stating that they intend to practice as a sole practitioner; and

(c)stating their address for service of notices and other documents.

(2)A practitioner intending to engage in legal practice as a corporate practitioner or sole practitioner may include in the notice under sub-section (1) a nomination of an RPA of which they are eligible to be a regulated practitioner.
(3)A corporate practitioner or a sole practitioner is eligible to be a regulated practitioner of any RPA of which they are a member or are eligible to be a member.
(4)If the Board approves a form of notice for the purposes of this section, a notice under sub-section (1) must be in that form.

19.RPA allocation of intending practitioners
(1)As soon as practicable after receiving a notice under section 18(1), the Board—
(a)in the case of a legal practitioner referred to in section 18(1)(b)(i), (ii) or (iii), must allocate them to the RPA of which the firm, incorporated practitioner or sole practitioner is a regulated practitioner (or to the Board if the firm, incorporated practitioner or sole practitioner is a regulated practitioner of the Board);
(b)in the case of a legal practitioner referred to in section 18(1)(b)(iv) or (v)—
(i)must allocate the practitioner to the RPA (if any) nominated by the practitioner if satisfied that they are eligible to be a regulated practitioner of that RPA; or
(ii)if no RPA is nominated, or if the Board is not satisfied that the practitioner is eligible to be a regulated practitioner of the nominated RPA, after consultation with the practitioner, must allocate them to an RPA of which they are eligible to be a regulated practitioner; or
(iii)if satisfied that the practitioner is not eligible to be a regulated practitioner of any RPA, must allocate them to the Board.

(2)An allocation under this section takes effect when the relevant entry is made in the Register.
(3)The Board must give written notice to the legal practitioner and the RPA (if any) as soon as practicable after making an allocation under this section.
(4)A legal practitioner must not commence to engage in legal practice before they have been allocated to an RPA or the Board under this section.
Penalty:10 penalty units.

Division 4—Practising certificates

20.Practising certificates—form and conditions
(1)A practising certificate is to be in a form approved by the Board.
(2)A practising certificate is subject to the following conditions, as determined by the RPA or the Board that issues or varies it—
(a)a condition that the holder is authorised or not authorised to receive trust money; and
(b)a condition that the holder is authorised to engage in legal practice—
(i)as a principal (that is, a sole practitioner, a partner in a firm or a director or an incorporated practitioner); or
(ii)as an incorporated practitioner; or
(iii)as an employee of another legal practitioner or firm or as a corporate practitioner.

(3)A practising certificate is also subject to any condition imposed by the Tribunal under this Act or by the Supreme Court.
(4)The conditions referred to in sub-section (2) to which a practising certificate is subject must appear on the face of the certificate.

21.Duration of practising certificates
(1)A practising certificate issued to an applicant under section 22 (new or former practitioner)—
(a)takes effect at the time of issue; and
(b)subject to sub-section (3), is valid until the following 30 June unless cancelled or suspended sooner.

(2)A practising certificate issued to an applicant under section 23 (renewing practitioner)—
(a)subject to section 23(3C), takes effect on 1 July in the year in which it is issued or at the time of issue, whichever is the later; and
(b)subject to sub-section (3), is valid until the following 30 June unless suspended or cancelled sooner.

(3)If an application by a current practitioner for a practising certificate has not been finally determined before 1 July in the year in which it was made, the practising certificate already held by the practitioner remains in force, unless suspended or cancelled sooner, until the application has been finally determined.
(4)For the purposes of sub-section (3), an application is finally determined—
(a)by the issue of a new practising certificate to the applicant; or
(b)by the exhaustion of all rights of appeal in relation to a refusal to issue a new practising certificate to the applicant.

22.Application for practising certificate (new or former practitioners)
(1)A legal practitioner who is not a current practitioner may apply to the RPA of which the practitioner is, or is to be, a regulated practitioner (or to the Board, if the practitioner is, or is to be a regulated practitioner of the Board) for a practising certificate.
(2)An application under this section—
(a)must be in a form approved by the Board; and
(b)must be accompanied by—
(i)the prescribed fee[2] for the certificate; and
(ii)the required contribution to the Fidelity Fund under section 202(1) (if any); and
(iii)a statutory declaration in the form approved by the Board; and
(iv)satisfactory evidence, in a form approved by the Board, that the applicant has, or will have at the time of commencing to engage in legal practice, professional indemnity insurance as required by this Act; and
(v)except in the case of an incorporated practitioner, a nomination of the roll on which the applicant wishes to be enrolled for the purpose of elections of practitioner members to the Board[3]; and

(c)if the application is for a certificate that authorises the receipt of trust money, must also be accompanied by satisfactory evidence that the applicant has completed a course of study (if any) approved by the Board for the purposes of this Division.

(3)An RPA must notify the Board of nominations made under sub-section (2)(b)(v).

(4)A person—
(a)who applies under this section for a practising certificate during the first 3 months of a practising certificate year; and
(b)who was a current practitioner immediately before the end of the previous practising certificate year—

must pay a surcharge of 200% of the prescribed fee for the certificate.
(5)Sub-section (4) does not apply if the application is accompanied by a statutory declaration from the applicant stating—
(a)that the applicant has not engaged in legal practice since the end of the previous practising certificate year; and
(b)that, as at the end of the previous practising certificate year, the applicant did not intend to engage in legal practice for at least the first 3 months of the current practising certificate year; and
(c)the reasons why the intention referred to in paragraph (b) has changed.

(6)An RPA must forward each statutory declaration received under sub-section (5) to the Board.

23.Application for practising certificate (renewing practitioners)
(1)A current practitioner may apply to the RPA of which the practitioner is a regulated practitioner (or to the Board, if the practitioner is a regulated practitioner of the Board) for a new practising certificate.
(2)An application under this section—
(a)must be made on or before 30 April (except as provided by section 23A) or, in the case of a person who is not a current practitioner on 30 April, on or before 30 June; and
(b)must be in a form approved by the Board; and
(c)must be accompanied by—
(i)the prescribed fee[4] for the new certificate; and
(ii)the required contribution to the Fidelity Fund under section 202(1) (if any); and
(iii)except in the case of an incorporated practitioner, a nomination of the roll on which the applicant wishes to be enrolled for the purpose of elections of practitioner members to the Board[5]; and

(d)if the application is for a certificate that authorises the receipt of trust money and the applicant has not already held such a certificate, must also be accompanied by satisfactory evidence that the applicant has completed a course of study (if any) approved by the Board for the purposes of this Division.

(3)An RPA must notify the Board of nominations made under sub-section (2)(c)(iii).

(3A)An applicant under this section must, on or before 31 May, give the RPA or the Board (as the case requires) satisfactory evidence, in a form approved by the Board, that the applicant has professional indemnity insurance as required by this Act in respect of the year for which the practising certificate is sought.
(3B)If, as at 31 May, an applicant under this section—
(a)has not complied with sub-section (3A); or
(b)has not complied with section 184 in relation to the preceding audit year; or
(c)has not restored a deficiency in the applicant's trust account as revealed by the audit report in relation to that account—

the RPA or the Board (as the case requires) must give notice to the applicant on or before 15 June of the failure to comply or to restore the deficiency.
(3C)A practising certificate issued on application under this section does not take effect—
(a)in the circumstances referred to in sub-section (3B)(a) or (b)—until the applicant has remedied the failure to comply to the satisfaction of the RPA or the Board (as the case requires); or
(b)in the circumstances referred to in sub-section (3B)(c)—until the deficiency has been restored to the satisfaction of the RPA or the Board (as the case requires).

(3D)A legal practitioner whose practising certificate does not take effect because of sub-section (3C) must surrender it to the RPA that issued it or the Board within 14 days after being requested to do so by the RPA or the Board, unless the certificate has taken effect in the meantime.
Penalty:20 penalty units.

(4)If the practitioner is to be re-allocated under Division 5, an application under this section must be made to the RPA to which the practitioner is to be re-allocated or to the Board, if the practitioner is to be re-allocated to the Board.

23A.Late application for practising certificate
(1)A current practitioner may apply under section 23 for a new practising certificate after 30 April in any year on payment of a surcharge of—
(a)if the application is made on or before 31 May—25% of the prescribed fee for the new certificate;
(b)if the application is made after 31 May—50% of the prescribed fee for the new certificate.

(2)The RPA or the Board (as the case requires) may refund all or part of a surcharge paid under sub-section (1) if it considers that there are special circumstances.
(3)This section does not apply to a person who was not a current practitioner on 30 April in the relevant year.
24.Application for variation of conditions
(1)At any time a current practitioner may apply to the RPA of which the practitioner is a regulated practitioner (or to the Board, if the practitioner is a regulated practitioner of the Board) for a variation of the conditions of their practising certificate.
(2)An application under this section—
(a)must be in a form approved by the Board; and
(b)if the prescribed fee[6] for the certificate as varied is greater than the fee paid by the practitioner for the certificate, must be accompanied by the difference between those fees; and
(c)must be accompanied by the required contribution to the Fidelity Fund under section 202(1) (if any); and
(d)if the application is for a variation so that the certificate authorises the receipt of trust money, must also be accompanied, if applicable, by satisfactory evidence that the applicant has completed a course of study (if any) approved by the Board for the purposes of this Division.

(3)If the practitioner is to be re-allocated under Division 5, an application under this section must be made to the RPA to which the practitioner is to be re-allocated or to the Board, if the practitioner is to be re-allocated to the Board.
25.Further information
For the purpose of considering an application for a practising certificate or for variation of a condition of a practising certificate, an RPA or the Board may require the applicant to provide any further information or documents, and to verify the information or documents by statutory declaration or another manner, specified by the RPA or the Board.

26.Mandatory refusal of practising certificates
(1)An RPA or the Board must refuse to issue a practising certificate to an applicant—
(a)who has had a previous application refused, if the application is made during the period specified by the Tribunal under section 30 or 160 or by the Supreme Court; or
(b)whose practising certificate has been suspended or cancelled if the application is made during a period specified by the Tribunal under section 160 or by the Supreme Court; or
(c)who has not paid an amount (whether by way of premium, excess or otherwise) payable by the applicant for, under or in relation to a contract of professional indemnity insurance; or
(d)who, in its opinion, is unfit to engage in legal practice.

(2)An RPA or the Board must refuse an application to vary a condition of a practising certificate if the applicant—
(a)has had a previous application refused, if the application is made during a period specified by the Tribunal under section 30 or by the Supreme Court; or
(b)has not paid an amount (whether by way of premium, excess or otherwise) payable by the applicant for, under or in relation to a contract of professional indemnity insurance.

(3)In addition to any of the grounds in sub-section (1) or (2), an RPA or the Board must refuse to issue a practising certificate authorising the receipt of trust money or to vary a condition so that a practising certificate authorises the receipt of trust money—
(a)if the applicant is a natural person who is an insolvent under administration;
(b)if the applicant is an incorporated practitioner—
(i)that is an externally-administered body corporate within the meaning of the Corporations Act; or

(ii)if the RPA or the Board is satisfied that, on an application under section 459P of the Corporations Act, the Court would be required under section 459C(2) of that Act to presume that the applicant is insolvent.

27.Refusal of practising certificates for trust account irregularities
(1)An RPA or the Board may refuse to issue a practising certificate—
(a)to a sole practitioner, a corporate practitioner or an incorporated practitioner—
(i)if the practitioner has failed to lodge an audit of their trust account or a statutory declaration as required by Division 3 of Part 6 and has not remedied the failure; or
(ii)if the audit reveals a deficiency in the trust account that has not been restored;

(b)to a partner of a firm or a director of an incorporated practitioner—
(i)if the firm or incorporated practitioner has failed to lodge an audit of their trust account or a statutory declaration as required by Division 3 of Part 6 and has not remedied the failure; or
(ii)if the audit reveals a deficiency in the trust account that has not been restored.

* * * * *

28.Refusal of practising certificates for misconduct or corporate irregularities
An RPA or the Board may refuse to issue a practising certificate to a legal practitioner if the practitioner, in its opinion—
(a)is guilty of misconduct; or
(b)is an incorporated practitioner that is being conducted in contravention of its constitution.

29.Issue or refusal of practising certificates or variation of conditions
(1)Within 30 days after receiving an application under section 22 (new or former practitioner), an RPA or the Board must issue a practising certificate, or give a written notice refusing to issue a practising certificate, to the applicant.
(2)Within 60 days after receiving an application for a practising certificate under section 23 (renewing practitioner), an RPA or the Board may give the applicant a written notice refusing to issue the practising certificate.
(3)If an RPA or the Board does not give a notice under sub-section (2) within the period specified in that sub-section, it must issue a practising certificate to the applicant.
(4)Within 30 days after receiving an application under section 24 (variation of conditions), an RPA or the Board must give the applicant written notice varying the conditions as requested in the application or refusing to vary the conditions.
(5)A notice of refusal under this section must include the reasons for the refusal.
(6)If—
(a)an RPA or the Board varies the conditions of a practising certificate in response to an application under section 24; and

(1)In this clause—
"former body" means the Council of Legal Education established under Part II of the old Act;
"new body" means the Council of Legal Education established by section 331(1) of this Act.
(2)On the commencement day—
(a)the former body is abolished and its members go out of office as members;
(b)all rights, property and assets that, immediately before that day, were vested in the former body are, by force of this sub-clause, vested in the new body;
(c)all debts, liabilities and obligations of the former body existing immediately before that day become, by force of this sub-clause, debts, liabilities and obligations of the new body;
(d)the new body is, by force of this sub-clause, substituted as a party to any proceeding pending in any court or tribunal to which the former body was a party immediately before that day;
(e)the new body is, by force of this sub-clause, substituted as a party to any arrangement or contract entered into by or on behalf of the former body as a party and in force immediately before that day;

(f)any reference to the former body in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the new body.

(3)The person who immediately before the commencement day held office as secretary of the former body holds office, subject to this Act, on and after that day as secretary of the new body for the balance of his or her period of appointment and on the same terms and conditions as applied with respect to that appointment.
(4)Despite the repeal of the old Act, the Rules of the Council of Legal Education 1993 continue in force until 31 December 1999, unless revoked sooner, as if they were rules made by the new body under section 337.

42.Board of Examiners
(1)In this clause—
"former body" means the Board of Examiners established under Part II of the Rules of the Council of Legal Education 1993;
"new body" means the Board of Examiners established by section 338(1).
(2)On the commencement day—
(a)the former body is abolished and its members go out of office as members;
(b)all rights, property and assets that, immediately before that day, were vested in the former body are, by force of this sub-clause, vested in the new body;
(c)all debts, liabilities and obligations of the former body existing immediately before that day become, by force of this sub-clause, debts, liabilities and obligations of the new body;
(d)the new body is, by force of this sub-clause, substituted as a party to any proceeding pending in any court or tribunal to which the former body was a party immediately before that day;

(e)the new body is, by force of this sub-clause, substituted as a party to any arrangement or contract entered into by or on behalf of the former body as a party and in force immediately before that day;
(f)any reference to the former body in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the new body.

(3)The person who immediately before the commencement day held office as secretary of the former body holds office on and after that day as secretary of the new body for the balance of his or her period of appointment and on the same terms and conditions as applied with respect to that appointment.
(4)Despite anything to the contrary in section 338, the first nominated members of the Board of Examiners hold office until 31 December 1997 and may be nominated without prior consultation with RPAs or the Board. Subject to this Act, they are eligible for re-nomination.

43.Legal Practice Board
(1)Despite anything to the contrary in Part 15, the first practitioner members of the Board are to be appointed by the Governor in Council as follows—
(a)1 is to be a current practitioner nominated by the Society;
(b)1 is to be a current practitioner nominated by the Bar;
(c)1 is to be a current practitioner nominated jointly by the Society and the Bar or, failing agreement between them, nominated by the Attorney-General after consultation with them.

(2)The first practitioner members of the Board hold office until 31 December 1997 and, subject to this Act, are eligible for election under Part 15.
(3)Despite anything to the contrary in section 350(6) or 352(4), the first chairperson and non-practitioner members of the Board hold office until 31 December 2001, and, subject to this Act, are eligible for re-appointment.
(4)Section 352(3) does not apply to the appointment of the first members of the Board, but the Attorney-General must cause notice of the appointments to be given in each House of the Parliament within 3 sitting days after the commencement day.
(5)In the first election of practitioner members of the Board—
(a)the counting and distribution of votes in the election of the practitioner members from the roll of advocates and roll of non-advocates must occur before the counting and distribution of votes in the election of the practitioner member from the combined roll;
(b)if a candidate for election from the combined roll is declared elected from the roll of advocates or the roll of non-advocates, he or she is ineligible to be elected from the combined roll and his or her first preference votes (if any) in that election are to be distributed amongst the other candidates next in order of the voters' preference and are deemed to be first preference votes for those candidates;
(c)if the candidates declared elected from the roll of advocates or roll of non-advocates are regulated practitioners of the same RPA, any candidate for election from the combined roll who is a regulated practitioner of that RPA is ineligible to be elected from that roll and his or her first preference votes (if any) in that election are to be distributed amongst the other eligible candidates next in order of the voters' preference and are deemed to be first preference votes for those candidates.

44.First advocate and non-advocate members of the Tribunal
(1)Despite anything to the contrary in Part 17—
(a)the first advocate members of the Tribunal are to be appointed by the Attorney-General after consultation with the Bar;
(b)the first non-advocate members of the Tribunal are to be appointed by the Attorney-General after consultation with the Society.

(2)The members appointed under this clause hold office until 31 December 1997 and, subject to Part 17, are eligible to be re-appointed under that Part.

45.First chairperson, deputies and lay members of the Tribunal
Despite anything to the contrary in section 397(1), the first chairperson, deputy chairpersons, deputy registrar and lay members of the Tribunal hold office until 31 December 2002 and, subject to this Act, are eligible for re-appointment.
46.Transfer of Solicitors' Board staff
(1)A person who, immediately before the commencement day, was employed by the Institute exclusively in connection with the functions of the Solicitors' Board within the meaning of the old Act becomes, on that day, an officer under the Public Sector Management Act 1992 on terms and conditions with respect to ordinary pay no less favourable than those of the former employment and with the same rights and accrued and accruing entitlements in respect of the former employment.
(2)The person who was, immediately before the commencement day, the registrar of the Solicitors' Board, becomes on that day the registrar of the Tribunal, holds office, subject to this Act, until 31 December 2001 and, subject to this Act, is eligible for re-appointment.

47.Transitional arrangements for Board staff and premises
(1)A person who, immediately before the commencement day, was employed under the Public Sector Management Act 1992 exclusively in connection with the establishment and functions of the Board, becomes on that day an employee of the Board on terms and conditions with respect to ordinary pay no less favourable than those of the former employment and with the same rights and accrued and accruing entitlements as applied to that person in respect of the former employment immediately before the commencement day.
(2)On the commencement day, the Board, by force of this sub-clause, is substituted for the Minister administering Part 7B of the Financial Management Act 1994 as a party to any lease, contract or other arrangement entered into by that Minister before that day in connection with land or premises to be used for the purposes of the Board.

48.Transitional arrangements for Legal Ombudsman premises
On the commencement day, the Legal Ombudsman, by force of this clause, is substituted for the Minister administering Part 7B of the Financial Management Act 1994 as a party to any lease, contract or other arrangement entered into by that Minister before that day in connection with land or premises to be used for the purposes of the Legal Ombudsman.

PART 9—FUNDS

49.Solicitors' Guarantee Fund
(1)All money forming part of the Income Suspense Account of the Solicitors' Guarantee Fund immediately before the commencement day on and from that day forms part of the General Account of the Public Purpose Fund and may be dealt with in accordance with this Act.
(2)All money forming part of the Fidelity Account of the Solicitors' Guarantee Fund immediately before the commencement day on and from that day forms part of the Legal Practitioners' Fidelity Fund and may be dealt with in accordance with this Act.
(3)All money forming part of the Victoria Law Foundation Account of the Solicitors' Guarantee Fund immediately before the commencement day must, on that day, be paid to the Victoria Law Foundation or be otherwise dealt with as directed by that Foundation. The money to which this sub-clause applies must not, for the purposes of section 381(4) or 384, be taken to be paid under section 381(1).
(4)All money forming part of the Leo Cussen Institute Account of the Solicitors' Guarantee Fund immediately before the commencement day must, on that day, be paid to the Leo Cussen Institute or be otherwise dealt with as directed by that Institute. The money to which this sub-clause applies must not, for the purposes of section 382(4) or 384, be taken to be paid under section 382(1).
(5)All money forming part of the Law Reform Account of the Solicitors' Guarantee Fund immediately before the commencement day on and from that day forms part of the Law Reform and Research Account of the Public Purpose Fund and may be dealt with in accordance with this Act. The money to which this sub-clause applies must not, for the purposes of section 383(4) or 384, be taken to be credited under section 383(1).
(6)All money standing immediately before the commencement day to the credit of the Solicitors' Guarantee Fund Capital Investment Account must, on that day, be credited to the Fidelity Fund and may be dealt with in accordance with this Act.
(7)Subject to this clause, all property in and rights attaching to the Solicitors' Guarantee Fund that are, by force of clause 12(2), vested in the Board must be applied by the Board for the purposes of the Fidelity Fund.

* * * * *

51.Law Institute Discretionary Fund
All money standing immediately before the commencement day to the credit of the Law Institute Discretionary Fund must, on that day, be paid to the Legal Ombudsman. Section 378 applies to that money as if it were paid under that section.
* * * * *

PART 10—LEGAL OMBUDSMAN

54.Current investigations by lay observers
(1)Any complaint made to the lay observer under section 14Q of the old Act that has not finally been disposed of before the commencement day is to be dealt with in accordance with the old Act as if a reference to the lay observer were a reference to the Legal Ombudsman.
(2)Any allegation made to the lay observer under section 32F of the old Act that has not finally been disposed of before the commencement day is to be dealt with in accordance with the old Act as if a reference to the lay observer were a reference to the Legal Ombudsman.

* * * * *

PART 11—COMPETITION

* * * * *

PART 12—TRANSITIONAL ARRANGEMENTS FOR CHANGE OF PRACTISING CERTIFICATE AND AUDIT YEARS

57.Application of Part
This Part applies despite anything to the contrary in Division 4 of Part 2, Division 2 or 3 of Part 6 or Division 1 of Part 7 of this Act or in the Legal Practice (Fees) Regulations 1997.

58.1999 practising certificates
(1)A practising certificate in force immediately before 15 August 1999 is valid until 31 December 1999 unless suspended or cancelled sooner.
(2)A practising certificate issued on an application under section 22 on or after 15 August 1999 but before 31 December 1999 is valid until 31 December 1999 unless suspended or cancelled sooner.

59.Practising certificate for 2000–2001 (renewing practitioners)
(1)This clause applies to an application under section 23 for a new practising certificate by a person who is a current practitioner in 1999.
(2)The application must be made on or before 31 October 1999.
(3)The evidence required by section 23(3A) must be given to the RPA or the Board by 30 November 1999.
(4)A current practitioner who is a regulated practitioner of the Bar complies with section 23(3A) if he or she gives the Bar satisfactory evidence of professional indemnity insurance, as required by this Act, in respect of the period from and including 1 January 2000 to 30 June 2000.
(5)A current practitioner who is a regulated practitioner of the Bar must, on or before 31 May 2000, give the Bar satisfactory evidence, in a form approved by the Board, that the practitioner has professional indemnity insurance as required by this Act in respect of the period from and including 1 July 2000 to 30 June 2001.
(6)Section 23(3B) applies as if a reference in that section—
(a)to 31 May were a reference to 30 November; and
(b)to 15 June were a reference to 15 December.

(7)Section 23A applies to the application as if a reference in that section—
(a)to 30 April were a reference to 31 October; and
(b)to 31 May were a reference to 30 November.

(8)The prescribed fee payable for the practising certificate is 150% of the fee otherwise payable for the certificate.
(9)A practising certificate issued in response to the application—
(a)subject to section 23(3C), takes effect on 1 January 2000 or the time of issue, whichever is the later; and
(b)subject to section 21(3), is valid until 30 June 2001 unless suspended or cancelled sooner.

60.Practising certificate for 2000–2001 (new or former practitioners)
(1)This clause applies to an application under section 22 for a practising certificate that is issued on or after 1 January 2000 but before 30 June 2000.
(2)The prescribed fee payable for the practising certificate is to be determined in accordance with the formula—

where—
Fis the fee;
Ais the fee otherwise payable for the certificate if it were valid for a 12 month period;
Bis the number of days for which the certificate is valid.

(3)A practising certificate issued in response to the application is valid until 30 June 2001 unless suspended or cancelled sooner.

61.Variation of practising certificate conditions
(1)This clause applies to an application under section 29 for variation of the conditions of a practising certificate that is valid until 30 June 2001.
(2)Section 29 applies to an application referred to in sub-clause (1) as if—
(a)a reference in sub-section (6) of that section to a practising certificate year were a reference to the period from and including 1 January 2000 to 30 June 2001; and
(b)for the formula in sub-section (6) of that section there were substituted—

62.Statutory deposit and audit requirements
For the purposes of Divisions 2 and 3 of Part 6 of this Act, the period from and including 1 April 1999 to 31 October 2000, is deemed to be an audit year.
63.Fidelity Fund contributions for 2000–2001
For the purpose of determining contributions to the Fidelity Fund, section 201 applies as if a reference in that section—
(a)to the prescribed date in 1999 were a reference to 30 September 1999 or such later date up to 30 November 1999 as the Attorney-General may fix by notice published in the Government Gazette before 30 September 1999; and
(b)to the immediately following practising certificate year in respect of 1999 were a reference to the period from and including 1 January 2000 to 30 June 2001.

PART 13—TRANSITIONAL PROVISIONS ON ENACTMENT OF LEGAL PROFESSION ACT 2004

64.Barristers' professional indemnity insurance
(1)Despite anything to the contrary in Part 8, if the Victorian Bar Council passes a resolution under section 3.5.2(7) of the Legal Profession Act 2004, a sole practitioner who practises as a barrister must obtain and maintain insurance with the Liability Committee at all times on and after 1 July 2005.
(2)In this clause, "Victorian Bar Council" has the same meaning as in section 3.5.2(9) of the Legal Profession Act 2004.

65.Funding for new regulatory arrangements
Despite anything to the contrary in Part 16, and in addition to any other amounts payable from the Public Purpose Fund under this Act, there are to be paid out of that fund, and debited to the General Account, any amounts determined by the Attorney-General for the costs incurred in establishing the Legal Services Board, the Legal Services Commissioner and the office of the Commissioner and transferring functions from the Tribunal to the Victorian Civil and Administrative Tribunal under the Legal Profession Act 2004.

═══════════════

ENDNOTES

1. General Information

Minister's second reading speech—

Legislative Assembly: 20 June 1996

Legislative Council: 8 October 1996

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 20 June 1996

Legislative Council: 8 October 1996

Absolute majorities:

Legislative Assembly: 12 September 1996 and 17 October 1996

Legislative Council: 15 October 1996

The long title for the Bill for this Act was "to improve the regulation of legal practice in Victoria, to amend and repeal the Legal Profession Practice Act 1958, to amend the Partnership Act 1958, to make consequential amendments to other Acts and for other purposes."

The Legal Practice Act 1996 was assented to on 6 November 1996 and came into operation as follows:

Part 1 (sections 1–5), sections 448, 454, Schedule 2 on 6 November 1996: section 2(1); section 447 on 8 March 1988: section 2(2); rest of Act (except section 67) on 1 January 1997: section 2(3); section 67 on 1 July 1997: section 2(4).

2. Table of Amendments

This Version incorporates amendments made to the Legal Practice Act 1996 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996

Assent Date: 12.12.96

Commencement Date: S. 10(Sch. 2 item 12) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Law and Justice Legislation (Amendment) Act 1997, No. 44/1997

Assent Date: 11.6.97

Commencement Date: S. 26 on 11.6.97: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997

Assent Date: 11.6.97

Commencement Date: S. 71 on 1.9.97: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Legal Practice (Amendment) Act 1997, No. 102/1997

Assent Date: 16.12.97

Commencement Date: S. 47 on 6.11.96: s. 2(2); rest of Act on 16.12.97: s. 2(1)

CurrentState: All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date: 26.5.98

Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date: 2.6.98

Commencement Date: S. 311(Sch. 1 item 49) on 1.7.98: Government Gazette 18.6.98 p. 1512

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Mutual Recognition (Victoria) Act 1998, No. 62/1998

Assent Date: 27.10.98

Commencement Date: S. 8(2) on 27.10.98: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Legal Practice (Amendment) Act 1998, No. 79/1998

Assent Date: 10.11.98

Commencement Date: 15.12.98: s. 2

CurrentState: All of Act in operation

Legal Practice (Practising Certificates) Act 1999, No. 9/1999

Assent Date: 11.5.99

Commencement Date: All of Act (except Pt 2) on 11.5.99: s. 2(1); Pt 2 on 15.8.99: s. 2(2)

CurrentState: All of Act in operation

Legal Practice (Amendment) Act 1999, No. 52/1999

Assent Date: 7.12.99

Commencement Date: 8.12.99: s. 2

CurrentState: All of Act in operation

National Taxation Reform (Further Consequential Provisions) Act 2000, No. 24/2000

Assent Date: 16.5.00

Commencement Date: S. 19 on 1.7.00: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Victorian Law Reform Commission Act 2000, No. 44/2000

Assent Date: 6.6.00

Commencement Date: S. 23 on 6.4.01: Government Gazette 29.3.01 p. 523

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Courts and Tribunals Legislation (Further Amendment) Act 2000, No. 51/2000

Assent Date: 5.9.00

Commencement Date: S. 3 on 6.9.00: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date: 8.5.01

Commencement Date: S. 3(Sch. item 39) on 1.6.01: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date: 27.6.01

Commencement Date: S. 3(Sch. item 72) on 15.7.01: s. 2

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Public Notaries Act 2001, No. 52/2001

Assent Date: 25.9.01

Commencement Date: Ss 13(1), 14 on 6.6.02: Government Gazette 30.5.02 p. 1118

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001

Assent Date: 7.11.01

Commencement Date: S. 3(Sch. item 9) on 20.12.01: Government Gazette 20.12.01 p. 3127

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Corporations (Financial Services Reform Amendment) Act 2002, No. 9/2002

Assent Date: 23.4.02

Commencement Date: S. 3(Sch. item 10) on 23.4.02: s. 2

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date: 23.4.02

Commencement Date: S. 3(Sch. 1 item 41) on 24.4.02: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Electoral Act 2002, No. 23/2002

Assent Date: 12.6.02

Commencement Date: S. 196 on 1.9.02: Government Gazette 29.8.02 p. 2333

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Legal Practice (Validations) Act 2003, No. 42/2003

Assent Date: 11.6.03

Commencement Date: S. 3 on 1.1.97: s. 2(2); s. 4 on 11.6.03: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Gambling Regulation Act 2003, No. 114/2003

Assent Date: 16.12.03

Commencement Date: S. 12.1.3(Sch. 6 item 8) on 1.7.04: Government Gazette 1.7.04 p. 1843

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Legal Profession Act 2004, No. 99/2004

Assent Date: 14.12.04

Commencement Date: S. 8.1.1(1) on 15.12.04: s. 1.1.2(2)

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

Public Administration Act 2004, No. 108/2004

Assent Date: 21.12.04

Commencement Date: S. 117(1)(Sch. 3 item 112) on 5.4.05: Government Gazette 31.3.05 p. 602

CurrentState: This information relates only to the provision/s amending the Legal Practice Act 1996

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3. Explanatory Details

[1] S. 7(1): Clause 4(3) of Schedule 2 provides that, until the regulations provide otherwise, the prescribed general fee is $100 and the prescribed library fee is $560.

[2] S. 22(2)(b)(i): The prescribed practising certificate fees are set out in the Legal Practice (Fees) Regulations 1997, S.R. No. 88/1997.

[3] S. 22(2)(b)(v): Section 365(4) provides that a person may be enrolled on the roll of advocates only if he or she engages in legal practice primarily as an advocate.

[4] S. 23(2)(c)(i): See note 2.

[5] S. 23(2)(c)(iii): See note 3.

[6] S. 24(2)(b): See note 2.

[7] S. 31(2): The time for appealing is within 28 days after the day of the order of the tribunal or, if leave to appeal is necessary, within 14 days of leave being granted (Order 4.15(b) of Chapter 2 of the Rules of the Supreme Court (S.R. No. 110/1998)).

[8] S. 34(6): Section 39(2) provides similarly to this sub-section in a case of suspension of the practising certificate.

[9] S. 41(2): See note 7.

[10] Division 2: Other Parts of this Act impose requirements on interstate practitioners in relation to their legal practice in Victoria. For example, Part 6 requires interstate practitioners who establish a practice in Victoria to deal with trust money in accordance with that Part, Part 7 requires certain interstate practitioners to contribute to the Fidelity Fund and Part 8 requires interstate practitioners to have professional indemnity insurance.

[11] Division 3: The provisions of Part 5, which deals with disputes and discipline, apply generally to interstate practitioners practising in Victoria.

[12] S. 63T(2): See note 7.

[13] Division 4: Section 171A provides that Part 5 (disputes and discipline) applies to registered foreign practitioners engaged in the practice of foreign law.

[14] S. 105(2): See note 7.

[15] S. 120: This provision re-enacts section 75 of the Supreme Court Act 1986.

[16] S. 128(2): Section 445(2)(a) provides that this fee is not to exceed $55.

[17] S. 169A: The Full Tribunal has a similar power to order costs in relation to appeals in disciplinary matters (see section 162).

[18] S. 170(2): See note 7.

[19] S. 322(2): See note 7.

[20] S. 351: Schedule 2 provides for the appointment of practitioner members of the Board who will hold office until the first election has taken place—see clause 43.

[21] S. 367: Schedule 2 prevents the first election of the practitioner members of the Board resulting in each member being a regulated practitioner of the same RPA—see clause 43.

[22] S. 393(2)(c): Schedule 2 provides for the appointment of advocate and non-advocate members of the Tribunal to hold office until the first election for practitioner members of the Board has taken place—see clause 44.

[23] S. 393(2)(d): See note 22.

[24] S. 415: Rules made under this section are statutory rules for the purposes of the Subordinate Legislation Act 1994 (see paragraph (b) of the definition of "statutory rule" in section 3 of that Act).

[25] S. 445(2)(d): See paragraph (d) of the definition of "financial institution" in section 3.

Assent Date:	12.12.96
Commencement Date:	S. 10(Sch. 2 item 12) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	11.6.97
Commencement Date:	S. 26 on 11.6.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	16.12.97
Commencement Date:	S. 47 on 6.11.96: s. 2(2); rest of Act on 16.12.97: s. 2(1)
CurrentState:	All of Act in operation

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 49) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	27.10.98
Commencement Date:	S. 8(2) on 27.10.98: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	10.11.98
Commencement Date:	15.12.98: s. 2
CurrentState:	All of Act in operation

Assent Date:	11.5.99
Commencement Date:	All of Act (except Pt 2) on 11.5.99: s. 2(1); Pt 2 on 15.8.99: s. 2(2)
CurrentState:	All of Act in operation

Assent Date:	7.12.99
Commencement Date:	8.12.99: s. 2
CurrentState:	All of Act in operation

Assent Date:	16.5.00
Commencement Date:	S. 19 on 1.7.00: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	6.6.00
Commencement Date:	S. 23 on 6.4.01: Government Gazette 29.3.01 p. 523
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	5.9.00
Commencement Date:	S. 3 on 6.9.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 39) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 72) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	25.9.01
Commencement Date:	Ss 13(1), 14 on 6.6.02: Government Gazette 30.5.02 p. 1118
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	7.11.01
Commencement Date:	S. 3(Sch. item 9) on 20.12.01: Government Gazette 20.12.01 p. 3127
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. item 10) on 23.4.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	12.6.02
Commencement Date:	S. 196 on 1.9.02: Government Gazette 29.8.02 p. 2333
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	11.6.03
Commencement Date:	S. 3 on 1.1.97: s. 2(2); s. 4 on 11.6.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	16.12.03
Commencement Date:	S. 12.1.3(Sch. 6 item 8) on 1.7.04: Government Gazette 1.7.04 p. 1843
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	14.12.04
Commencement Date:	S. 8.1.1(1) on 15.12.04: s. 1.1.2(2)
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 112) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Legal Practice Act 1996