Legal Practitioners Act 1970 (ACT)
Legal Practitioners Act 1970 (repealed)
A1970-43
Republication No 17
Effective: 1 July 2006
Republication date: 1 July 2006
As repealed by A2006-25 s 620 (1)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Legal Practitioners Act 1970 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 July 2006.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Legal Practitioners Act 1970 (repealed)
Contents
Page
Part 1Preliminary
Short title 2
Definitions for Act 2
Part 2Law society
Incorporation of law society 5
Part 3Her Majesty’s counsel
Existing appointments 7
Abrogation of royal prerogative 7
Part 5Admission board
Admission board 8
Vacation of the office of members of admission board 8
Meetings of admission board 9
Legal protection for members 9
Part 6Admission or enrolment of legal practitioners
Application for admission or enrolment 10
Enrolment of persons entitled to registration under Mutual Recognition Act 10
Copies of applications to admission board and law society 10
Report by admission board—other cases 11
Response to applications by law society 11
16A Enrolment of practitioners under Mutual Recognition Act or Trans-Tasman Mutual Recognition Act—action by registrar and law society 12
16B Admission or entitlement to enrolment or registration 12
16C Roll of legal practitioners 13
16D Entry of names on roll 13
Oath or affirmation 14
Rules of court about enrolment 14
Signing roll 15
Right to practise 15
Part 7Solicitors’ practising certificates
Division 7.1 Preliminary
Meaning of public employment 16
Division 7.2 Requirement
Practising certificates required 16
Division 7.3 Application
Restrictions on persons who may apply 17
Applications for practising certificates 18
Division 7.4 Issue
Issuing authority 18
Issue of certificates—generally 18
Issue of unrestricted practising certificates 19
Issue of restricted practising certificates 23
Issue of practising certificates to practitioners enrolled under Mutual Recognition Act or Trans-Tasman Mutual Recognition Act 23
Notice of refusal to issue practising certificates 24
Powers of court relating to issue of practising certificates 24
Application to court by person not qualified under s 27 (1) 25
Issue of certificates conditionally or unconditionally 26
Powers of court relating to conditions on practising certificates 27
Division 7.5 Surrender
Surrender of practising certificates 28
Division 7.6 Suspension and cancellation
Suspension 29
36A Cancellation 30
36B Notice of cancellation or suspension 31
36C Delivery of cancelled certificate to law society etc 31
36D Powers of court relating to cancellation or suspension of practising certificates 32
Division 7.7 Miscellaneous
36E Fees for practising certificates 33
36F Date of effect and term of practising certificates 33
36G Register of holders of practising certificates 34
36H Notice of change of circumstances 34
Part 8Discipline
Division 8.1 Preliminary
Definitions for pt 8 35
Division 8.2 Professional conduct board
Establishment and membership 36
Payment of remuneration and allowances 38
Secretary to professional conduct board 38
Removal of member of professional conduct board 38
Meetings 39
Division 8.3 Conciliation
Convening of conference 40
Presence at conference 40
Confidentiality 41
Resolution by agreement 41
Failure to reach agreement 41
Failure to attend conference 41
Agreement no bar 41
Division 8.4 Complaints
Complaints 42
Division 8.5 Inquiries
Inquiries 42
Professional conduct board to fix date and notify persons concerned 43
Procedure 43
Summons to witness 44
Power to examine on oath etc 44
Record of proceedings at inquiry 44
Witnesses at inquiries 47
Disciplinary powers of board 48
Power of board on inquiry about conduct of employee 49
Dismissal of complaint 50
Costs 50
Professional conduct board may report to court 51
Protection of member of professional conduct board 51
Fees and allowances to witnesses 52
Professional conduct board may inspect books etc 52
Publication of board’s proceedings 52
Division 8.6 Proceedings before Supreme Court
Disciplinary powers of court 54
Costs 55
Appeal against decision of professional conduct board 56
Admission of evidence before board 57
Suspension from practice 57
Removal from roll of legal practitioners 57
Other jurisdiction and power of court not affected 57
Division 8.7 General
Failure to comply with, or contravention of, certain laws etc 58
Part 9Professional indemnity insurance
Definitions for pt 9 59
Approval of indemnity insurance 59
Indemnity insurance taken to be approved 59
Maintenance of indemnity insurance 60
Agreements and arrangements relating to provision of insurance 60
Furnishing of information 61
Part 10Indemnity funds
Meaning of indemnity fund 64
Approval of funds 64
Part 11Trust moneys and controlled moneys
Division 11.1 Preliminary
Definitions for pt 11 65
Moneys received by solicitor 65
Joint and several responsibility of partners 66
Application of pt 11 66
Division 11.3 Trust bank accounts
Trust accounts 67
Payment into trust bank account 67
Special trust accounts 68
Instructions about certain trust moneys 68
Payments from trust bank accounts 69
Notification to law society of details of trust accounts 69
Protection of trust moneys 70
Provision applying to financial institutions 70
Division 11.4 Solicitors’ records
Accounting records 71
Receipts for trust moneys 71
99A Records of controlled moneys 73
99B Monthly statements relating to trust moneys 74
Statements relating to trust moneys and controlled moneys at end of each quarter 74
Division 11.5 Audit
Audit of trust accounts and controlled moneys 75
Auditors’ qualifications 76
Document etc for auditor 77
Auditors’ reports 78
Interim auditors’ reports 79
Late report by auditor 80
Statutory declaration relating to trust moneys and controlled moneys 81
Secrecy 82
Legal protection for auditor 82
Division 11.6 Examination of solicitors’ records
Appointment of examiner 83
Production of books etc 84
Secrecy 85
Division 11.7 Investigation of affairs of solicitors
Definitions for div 11.7 86
Appointment of investigator 87
Investigator’s assistant 88
Obligation to comply with investigator’s requirements 88
Obstruction etc of investigator 89
Professional misconduct 89
Report of investigation 89
Costs of investigation 90
Secrecy 90
Division 11.8 Deposits with law society
Interpretation for div 11.8 91
Solicitor to deposit portion of trust moneys with law society 93
Repayment of deposits 94
Obligation to deposit subject to availability of trust funds 95
Variation of notional amount by law society 95
Statutory deposits trust account 96
Statutory interest account 97
Arrangement relating to trust bank account 99
Audit of deposits etc 99
Part 12Fidelity fund
Division 12.1 General
Meaning of solicitor in pt 12 100
Fidelity fund 100
Investment of fund 101
Audit 101
Contributions to fund 101
Division 12.2 Claims against fidelity fund
Definitions for div 12.2 102
Persons who may apply for compensation 102
Calls for claims 103
Time for making applications 103
Manner of making claims 103
Determination of applications 104
Payment of compensation 105
Subrogation 106
Solicitors’ claims 106
Interim payments of compensation 107
Division 12.3 Levies
Levies to supplement fund 108
Part 12AMortgage practices and managed investment schemes
Division 12A.1 Preliminary
147A Definitions for pt 12A 109
Division 12A.2 Mortgage practices
147B Conduct of mortgage practices 112
147C Nomination of practice as Territory regulated mortgage practice 113
147D Law society to be notified of Territory regulated mortgages 114
147E Solicitor to have fidelity cover for regulated mortgages 114
147F Bar on claims against fidelity fund relating to regulated mortgages 115
147G Notification of insurance arrangements for regulated mortgages 116
147H Failure to obtain fidelity insurance for regulated mortgage 117
Division 12A.3 Managed investment schemes
147I Involvement of solicitors in managed investment schemes 118
147J Claims against fidelity fund relating to managed investment schemes connected with solicitors 120
147K Transfer of mortgages to responsible entity 120
Division 12A.4 Miscellaneous
147L Law society may require information about mortgage practices 121
147M Indemnity insurance 121
147N Approved forms 122
147O Regulations and rules relating to pt 12A 122
Part 13Appointment of receivers
Interpretation for pt 13 123
Appointment of receiver 124
Receiver’s powers 125
Notice to financial institution 126
Examination of solicitor and other persons about trust moneys and trust property 127
Power of court to order delivery of trust property to receiver 128
Power of receiver to take delivery of property receivable by solicitor after appointment of receiver 128
Right of solicitor, partnership or person to apply to court for order in relation to property 129
Liens for costs on property held by receiver 130
Receiver to report to court 131
Power of court to give directions 132
Unclaimed moneys 132
Termination of receivership 133
Remuneration of receiver 134
Payments by receiver deemed to be made by solicitor 134
Concealing etc documents 134
Reimbursement of receiver 135
Reimbursement of law society 135
Part 14Managers
Definitions for pt 14 136
Appointment of manager 136
Management under receivership 136
Solicitor as employee 137
Powers of manager 137
Act of manager is act of solicitor 137
Reimbursement for damages 138
Expenses of management 138
Reports 139
Application of Act to managers 139
Termination of managership—reversion of moneys 139
Part 15Costs
Definitions for pt 15 140
No action by solicitor for costs until detailed statement delivered 140
Right to request statement 141
Notice for taxation 142
Form of notice etc 143
Taxation in absence of party 143
Matters to be considered on taxation 143
Costs of taxation 144
Certificate of taxation 144
Review of taxation 145
Stay of proceedings 145
Amount due by legal practitioner recoverable as debt 146
Costs payable by mortgagor or lessee 146
Agreement as to costs 146
Powers of court where contract not fair and reasonable 147
Part 15AInterstate legal practitioners
Division 15A.1 Preliminary
191A Definitions for pt 15A 149
191B When does interstate legal practitioner establish office 150
Division 15A.2 Legal practice by interstate legal practitioners
191C Status of interstate legal practitioners 151
191D Interstate legal practitioner may practise in this jurisdiction 151
191E Notification of establishment of office required 152
191F Professional indemnity insurance required if office established 152
191G Fidelity fund contributions 153
Division 15A.3 Disputes, complaints and inquiries
191H Interstate legal practitioners 154
191I Local legal practitioners 154
191J Referral of disputes and disciplinary matters to regulatory authorities in participating States 155
191K Dealing with matters referred by regulatory authorities in participating States 155
191L Furnishing information 156
Division 15A.4 Miscellaneous
191M Local practitioners are subject to interstate regulatory authorities 157
191N Local legal practitioner receiving trust money interstate 158
191O Regulatory authority may exercise powers conferred by corresponding law 158
191P Fidelity fund claims 158
Part 15BForeign legal practitioners
Division 15B.1 Preliminary
191Q Definitions for pt 15B 160
191R Application of pt 15B 161
Division 15B.2 Local registration of foreign legal practitioners
191S Registration requirement 161
191T Registration notice 162
191U Fee for registration 164
191V Entitlement to registration 164
191W Conditions 165
191X Notification of decision 165
191Y Duration of registration and annual fee 166
191Z Register 166
191ZA Cancellation of registration 166
191ZB Appeals 168
Division 15B.3 Legal practice
191ZC Scope of practice 168
191ZD Form of practice 169
191ZE Professional conduct 169
191ZF Discipline 170
191ZG Letterhead and other identifying documents 170
191ZH Designation 171
191ZI Advertising 172
191ZJ Employment 172
191ZK Indemnity insurance 173
191ZL Trust accounts, controlled moneys and fidelity fund contributions 173
191ZM Application of provisions to locally registered foreign legal practitioners 173
Division 15B.4 Miscellaneous
191ZN Membership of professional association 174
Part 16Offences by unqualified persons
Holding out as qualified 175
Preparation of documents for reward 175
Preparation of probate etc papers for reward 176
Criminal liability of executive officers 177
Part 17Miscellaneous
Solicitors not to share receipts with persons not practising as solicitors 179
Employment of persons who have ceased to be legal practitioners 179
Permission for employment of certain persons 180
198A Review by tribunal 180
198B Notification of decisions 182
Immunity from suit 182
Unclaimed moneys 182
Fines to be paid into fidelity fund 183
Regulation-making power 184
Schedule 1185
Oath 185
Affirmation 185
Endnotes
About the endnotes 186
Abbreviation key 186
Legislation history 187
Amendment history 195
Earlier republications 231
Renumbered provisions 232
Legal Practitioners Act 1970 (repealed)
An Act relating to legal practitioners
Part 1Preliminary
Short title
This Act may be cited as the Legal Practitioners Act 1970.
Definitions for Act
In this Act:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
admission board means the Legal Practitioners Admission Board.
authorised officer means an officer of the Supreme Court of a State or another Territory authorised in accordance with rules of court made under section 18 (1) (b).
control, in relation to moneys, means control by a solicitor, direct or indirect, over moneys of a client.
controlled moneys means moneys over which a solicitor has control, but does not include—
(a)trust moneys; or
(b)a third-party payment.
council means the Council of the law society.
court means the Supreme Court.
fidelity fund means the Solicitors’ Fidelity Fund of the Australian Capital Territory established by section 132.
indemnity fund means a fund approved under section 83.
law society means The Law Society of the Australian Capital Territory as constituted by section 4.
legal practitioner means a person whose name is on, or is to be taken to be on, the roll of legal practitioners.
Mutual Recognition Act means the Mutual Recognition Act 1992 (Cwlth).
practising certificate means an unrestricted practising certificate, or a restricted practising certificate, issued under part 7.
professional conduct board means the Professional Conduct Board of the law society.
professional indemnity insurance means a policy of insurance approved under section 76 or taken to be approved under section 77.
registrar means the registrar of the Supreme Court.
restricted practising certificate means a practising certificate certifying to the entitlement of the holder to perform the functions of a solicitor whilst in the employ of another person.
roll of legal practitioners means the roll kept under section 16C.
rules of court means rules of court under the Supreme Court Act 1933, section 36 .
statutory interest account means an account opened and maintained in accordance with section 128 (2).
third-party payment means a payment being a cheque, bank cheque, bank draft or money order—
(a)received by a solicitor from or on behalf of a client with instructions, express or implied, that the payment is to be delivered to—
(i)the person to whom it is expressed to be payable; or
(ii)a person other than the solicitor, a partner of the solicitor or the solicitor’s firm; and
(b)made payable otherwise than to the solicitor, a partner of the solicitor or the solicitor’s firm.
Trans-Tasman Mutual Recognition Act means the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).
trust moneys means moneys that are, under section 87, to be deemed to be held by a solicitor in trust for a client of that solicitor.
unrestricted practising certificate means a practising certificate certifying to the entitlement of the holder to practise as a solicitor on his or her own account or in partnership with another legal practitioner.
Part 2Law society
Incorporation of law society
(1)The Law Society of the Australian Capital Territory is hereby constituted a body corporate by the name ‘The Law Society of the Australian Capital Territory’.
(2)The law society—
(a)has perpetual succession; and
(b)shall have a common seal; and
(c)may acquire, hold and dispose of real and personal property; and
(d)may sue and be sued in its corporate name.
(3)All courts, judges and persons acting judicially shall take judicial notice of the common seal of the law society affixed to a document and shall presume that it was duly affixed.
(4)The constitution of the law society is, subject to this Act, the constitution of The Law Society of the Australian Capital Territory as in force immediately before the commencement of this part.
(5)An amendment of the constitution of the law society shall not take effect unless it is approved by the Attorney-General.
(6)An amendment of the constitution of the law society that is approved by the Attorney-General takes effect—
(a)where the amendment specifies a day on which it is to take effect, being a day not earlier than the day on which the Attorney-General approves the amendment—on the day so specified; and
(b)in any other case—on the day on which the Attorney-General approves the amendment.
(7)Any property held, immediately before the commencement of this part, by a person, in trust or otherwise, for or on behalf of The Law Society of the Australian Capital Territory is, subject to any charge or liability affecting the property, vested in the law society.
(8)A person is not entitled to be a member of the law society unless his or her name is on, or is to be taken to be on, the roll of legal practitioners.
(9)A person who holds a practising certificate is entitled, on application to the law society, to be admitted to membership of the society without paying a fee for admission.
(10)A member of the law society is not, while the member holds a practising certificate, liable to pay to the society any annual subscription to the society’s funds.
Part 3Her Majesty’s counsel
Existing appointments
(1)The repeal effected by the Legal Practitioners (Amendment) Act 1995, section 4 does not affect—
(a)the appointment of a person under this Act as in force at any time before the commencement of this section to be one of Her Majesty’s Counsel for the ACT; or
(b)the power of the Executive to revoke that person’s commission of appointment.
(2)Section 5 (3) of this Act as in force immediately before the commencement of this section continues (except as regards a right or privilege of precedence) to apply in relation to a person referred to in subsection (1).
Abrogation of royal prerogative
(1)Any prerogative right or power of the Crown to appoint a person to be one of Her Majesty’s Counsel for the ACT, or to grant letters patent of precedence to a legal practitioner, is abrogated.
(2)Subsection (1) is not to be taken, by implication, to abrogate any prerogative right or power of the Crown to revoke an appointment referred to in that subsection.
Part 5Admission board
Admission board
(1)There shall be a Legal Practitioners Admission Board consisting of 5 members, being legal practitioners, appointed by the Chief Justice.
(2)Subject to section 8, a member of the admission board holds office for the period that—
(a)commences on the date of the instrument of appointment or, where the appointment is expressed to commence on some later date, on that later date; and
(b)ends on the following 31 December.
(3)A member of the admission board is eligible for reappointment.
(4)In the event of there being a vacancy in the office of a member of the admission board, the Chief Justice may appoint a legal practitioner to hold the vacant office, and a person so appointed holds office from the date of the appointment to the following 31 December.
(5)The performance of the functions and the exercise of the powers of the admission board is not affected by reason only of there being a vacancy or vacancies in the membership of the board.
(6)The registrar, or a person nominated for the purpose by the registrar, shall be the secretary to the admission board.
Vacation of the office of members of admission board
(1)The court may, on the application of the Attorney-General, remove a member of the admission board from office for misbehaviour or physical or mental incapacity.
(2)If a member of the admission board—
(a)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors; or
(b)ceases to be a legal practitioner; or
(c)is absent, except on leave granted by the admission board, from 3 consecutive meetings of the board;
the court may remove the member from office.
Meetings of admission board
(1)At a meeting of the admission board, 3 members constitute a quorum.
(2)At the first meeting of the board in each year the members present shall elect 1 of their number to be chairperson.
(3)The chairperson shall preside at all meetings of the board at which he or she is present.
(4)In the absence of the chairperson from a meeting, the members present shall elect 1 of their number to preside at the meeting.
(5)The admission board shall hold meetings at such times and places as the chairperson or, if for any reason the chairperson is unable to act or there is a vacancy in the office of chairperson, the secretary to the board, directs or the board determines.
Legal protection for members
Civil proceedings do not lie against a member or former member of the admission board for or in respect of an act or thing done in good faith by the board or the member or former member in the performance of a function under this Act.
Part 6Admission or enrolment of legal practitioners
Application for admission or enrolment
(1)A person who meets the requirements prescribed by the rules of court may apply to the court for admission as a legal practitioner.
(2)Subsection (1) does not apply to a person entitled to practise law in a place outside the ACT.
(3)An application for admission or enrolment under this section shall be in accordance with the rules of court.
Enrolment of persons entitled to registration under Mutual Recognition Act
Where a person lodges with the court a notice under the Mutual Recognition Act, section 19 or the Trans-Tasman Mutual Recognition Act, section 18—
(a)the lodgment of the notice shall be taken to be the making of an application for enrolment under this section based on that notice; and
(b)the person on whose behalf the notice was lodged shall be taken to be the applicant.
Copies of applications to admission board and law society
On receipt of an application under section 11 or 12, the registrar shall forward a copy of the application to the admission board and to the law society.
Report by admission board—other cases
(1)The admission board shall, in respect of each application for admission or enrolment, make a report in writing to the court stating whether, in the opinion of the board, the applicant—
(a)is entitled to apply to be admitted or enrolled; and
(b)is of good fame and character; and
(c)is a person whose right to practise in federal courts or in a State or another Territory is not suspended or has not been cancelled.
(2)Where the board reports that it is of the opinion that an applicant is not of good fame and character, the board shall state in the report the grounds for its belief.
(3)Where the board reports that it is of the opinion that an applicant is of good fame and character, the board may include in its report any matter that in the opinion of the board is relevant to the question of the applicant’s good fame and character.
(4)Subject to subsection (5), the board shall furnish a copy of its report to the applicant and to the law society.
(5)Where the application is to be heard by the court, the board shall furnish the copy of its report not less than 3 days before the day of the hearing.
Response to applications by law society
The law society may—
(a)furnish information to the registrar regarding an applicant for admission or enrolment;
(c)in the case of an application for enrolment under section 12—draw to the attention of the registrar, within 7 days of the making of that application, any grounds for postponement or refusal of enrolment of the applicant.
16AEnrolment of practitioners under Mutual Recognition Act or Trans-Tasman Mutual Recognition Act—action by registrar and law society
(1)Where in relation to an application under section 12 the registrar considers that there are grounds under the Mutual Recognition Act or the Trans-Tasman Mutual Recognition Act for postponement or refusal of enrolment, the registrar shall, within 14 days of the making of the application, refer the application to the court.
(2)In considering an application under subsection (1), the registrar shall have regard to any grounds for postponement or refusal drawn to his or her attention by the law society.
(3)Subject to subsection (4), if the law society so requests, the registrar shall refer an application under section 12 to the court.
(4)Unless the court orders that a request may be made at a later time, a request shall be made within 14 days of the making of the application.
(5)Where an application is referred to the court, the registrar shall notify the applicant and the law society.
(6) An application referred to the court shall be taken to be an application to the court for admission as a legal practitioner.
16BAdmission or entitlement to enrolment or registration
(1)If on an application for admission the court is satisfied that the applicant—
(a)is entitled to apply to be admitted as a legal practitioner; and
(b)is of good fame and character;
the court shall admit the applicant as a legal practitioner.
(2)If on an application that is taken to be an application for admission under section 16A (6) the court is satisfied that the applicant is entitled to registration as a legal practitioner under the Mutual Recognition Act or the Trans-Tasman Mutual Recognition Act the applicant is entitled to be enrolled in accordance with section 16D (2).
(3)The law society is entitled to be heard on the hearing of the application.
16CRoll of legal practitioners
(1)The registrar shall keep a roll to be known as the roll of legal practitioners.
(2)The roll referred to in subsection (1) includes the roll of legal practitioners—mutual recognition scheme and trans-tasman mutual recognition scheme.
(3)The roll shall be kept in accordance with any applicable rules of court.
16DEntry of names on roll
(1)The registrar shall enter on the roll of legal practitioners—
(a)the name of each person admitted as a legal practitioner; and
(b)the name of each person entitled to be enrolled as a legal practitioner; and
(c)the date on which the entry is made.
(2)Where a person lodges a notice under the Mutual Recognition Act, section 19 or of the Trans-Tasman Mutual Recognition Act, section 18 and becomes entitled to registration under either of those Acts, the registrar shall, when the person becomes so entitled, enter on the part of the roll referred to in section 16C (2)—
(a)the name of the person; and
(b)the date on which the person became so entitled.
Oath or affirmation
(1)A person shall, before being admitted as a legal practitioner under this part, take an oath or make an affirmation before the court.
(2)A person whose name is, under section 16D (1) (b) or (2), entered on the roll of legal practitioners shall take an oath or make an affirmation before the registrar or an authorised officer.
(3)An oath taken or affirmation made for subsection (1) or (2) shall be in accordance with the appropriate form in the schedule 1.
Rules of court about enrolment
(1)The rules of court may provide for or with respect to—
(a)the manner and form in which the roll of legal practitioners is to be kept; and
(b)the authorisation of an officer of the Supreme Court of a State or another Territory to perform functions under this Act in accordance with the rules; and
(c)the taking of an oath, or the making of an affirmation, for section 17 (2) before an authorised officer; and
(d)the making by an authorised officer, on behalf of the registrar, of an entry under section 16D on the roll; and
(e)the signing of the roll under section 19 before an authorised officer.
(2)Without limiting subsection (1) (a), rules of court made under that paragraph may provide for the roll of legal practitioners to be kept by means of a loose-leaf or other system to facilitate the making of entries on the roll by, and the signing of the roll before, authorised officers.
(3)The Chief Justice may make arrangements with the Chief Justice, a judge or an officer of the Supreme Court of a State or another Territory for the purpose of giving effect to rules of court made under subsection (1).
Signing roll
A person whose name is entered on the roll of legal practitioners shall sign the roll.
Right to practise
Subject to this Act, a person who has, under section 19, signed the roll of legal practitioners—
(a)is entitled to practise in the ACT—
(i)as a barrister and solicitor; or
(ii)as a barrister; or
(iii)as a solicitor; and
(b)has the right of audience in any court of the ACT.
Part 7Solicitors’ practising certificates
Division 7.1 Preliminary
Meaning of public employment
In this part:
public employment means employment as—
(a)a public employee in the Attorney-General’s Department; or
(b)a public employee in the Legal Aid Commission (A.C.T); or
(c)a public employee in the Office of the Director of Public Prosecutions; or
(d)an officer or employee in the Attorney-General’s Department of the Commonwealth; or
(e)an officer or employee in the Office of the Director of Public Prosecutions of the Commonwealth.
Division 7.2 Requirement
Practising certificates required
(1)Subject to part 15A, a legal practitioner shall not practise as a solicitor on his or her own account or in partnership with another legal practitioner unless he or she holds a current unrestricted practising certificate.
(2)For subsection (1), a person shall not be taken to practise as a solicitor by reason only that the person is a member of a partnership whose practice is conducted by another member or other members of the partnership.
(3)A legal practitioner practising as a solicitor shall not employ another legal practitioner to perform the functions of a solicitor unless—
(a)the employer holds a current unrestricted practising certificate; and
(b)the employee—
(i)holds a current practising certificate; or
(ii)is an interstate legal practitioner who is entitled to engage in legal practice in the ACT under section 191D.
(4)A legal practitioner is not entitled to recover any costs or disbursements in respect of any work of a professional nature done by him or her as a solicitor unless, at the time at which the work was done, he or she was—
(a)the holder of a current unrestricted practising certificate; or
(b)an interstate legal practitioner who is entitled to practise in the ACT, and to recover the costs or disbursements, under section 191D.
(5)In this section, a reference to a person who holds a type of practising certificate includes a person named in an order under section 31 (4) or 36D (5) in respect of a practising certificate of that type specified in the order.
Division 7.3 Application
Restrictions on persons who may apply
(1)An application for a practising certificate may be made only by a legal practitioner.
(2)Subject to section 28 (2), a legal practitioner whose practising certificate is suspended (including a suspension under a law of another jurisdiction) is not entitled, during the period of the suspension, to apply for the issue of a practising certificate.
Applications for practising certificates
(1)An application for the issue of a practising certificate, shall be in a form approved by the law society and shall be signed by the applicant.
(2)The form of the application is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Division 7.4 Issue
Issuing authority
Subject to this division, practising certificates shall be issued by the law society.
Issue of certificates—generally
(1)The law society shall not issue a practising certificate unless the applicant has paid to the law society the fee fixed under section 36E (1).
(2)The law society may refuse to issue a practising certificate if the applicant—
(a)fails to pay a fine or any costs, fees or expenses payable by him or her to the law society under this Act; or
(b)being required by the council to explain specified conduct by him or her as a solicitor, fails without reasonable excuse to give a reasonable written explanation to the council; or
(c)fails to fulfil any obligations he or she has under an agreement referred to in section 46; or
(d)fails to comply with a direction of the professional conduct board under section 58 (1) (b), 58 (2) or 59 (1); or
(e)has been sentenced to a term of imprisonment.
NoteSection 147H (1) also contains restrictions on the issue of practising certificates to applicants required to comply with s 147E (Solicitor to have fidelity cover for regulated mortgages).
Issue of unrestricted practising certificates
(1)Subject to this division, if the law society receives an application from a person under section 24 and is satisfied that the person is qualified as provided in an item of table 27, the law society shall issue to the applicant an unrestricted practising certificate.
Table 27
| column 1 item | column 2 qualification |
| 1 | A person who holds an unrestricted practising certificate in respect of a period that will expire on 30 June in a year and applies for an unrestricted practising certificate to commence later that year. |
| 2 | A person who— (a) held an unrestricted practising certificate not more than 5 years immediately preceding the date of the application (whether before or after the commencement of this section); and (b) has retained such a level of professional skill that it is appropriate that a further unrestricted practising certificate be issued to him or her. |
| 3 | A person who— (a) has not previously held an unrestricted practising certificate; and (b) during the period of 5 years immediately preceding the date of the application, has, for a period of not less than 2 years or for periods which, in the aggregate, are not less than 2 years— (i) been employed in a State or Territory under articles of clerkship; or (ii) been performing work of a legal nature as an employee of a solicitor in the Territory or in a State or another Territory; or (iii) been performing work of a legal nature in public employment; or (iv) practised in the ACT or in a State or another Territory as a solicitor, either on his or her own account or in partnership with another legal practitioner; or (v) been employed or practised, as the case may be, in any 2 or more of the capacities referred to in subparagraphs (i), (ii), (iii) and (iv); and (c) has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her. |
| 4 | A person who— (a) has not previously held an unrestricted practising certificate; and (b) during the period of 5 years immediately preceding the date of the application— (i) has served or practised for a period of not less than 12 months, or for periods which, in the aggregate, are not less than 12 months, in any 1 or more of the capacities referred to in item 3, column 2, paragraph (b); and (ii) has completed a prescribed course of training for the practice of law; and (c) has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her. |
| 5 | A person who— (a) has during the period of 5 years immediately preceding the date of the application— (i) practised in the ACT or in a State or another Territory as a barrister for a period of not less than 2 years; or (ii) practised in the ACT or in a State or another Territory as a barrister for a period of not less than 1 year and served or practised, as the case may be, in any 1 or more of the capacities referred to in item 3, column 2, paragraph (b) for a period of not less than 1 year or for periods which, in the aggregate, are not less than 1 year; or (iii) after completing a prescribed course of training for the practice of law, practised in the ACT or in a State or another Territory as a barrister for a period of not less than 1 year; and (b) has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her. |
| 6 | A person who— (a) has previously held a practising certificate; and (b) has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her. |
| 7 | A person who, being a New Zealand barrister and solicitor— (a) has for a continuous period of not less than 6 months following the person’s admission or enrolment in the ACT been employed by a legal practitioner in the ACT; and (b) has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her. |
(2) The law society shall not issue an unrestricted practising certificate unless the applicant has paid to the law society—
(a)any contribution payable by the applicant to the fidelity fund in respect of the period for which the practising certificate will be in force; and
(b)any levy payable by the applicant under section 147.
(3)Subject to subsection (4), the law society shall not issue an unrestricted practising certificate unless it is satisfied that the applicant has or will have professional indemnity insurance for the period during which the practising certificate sought by the applicant will be in force.
(4)The law society may issue an unrestricted practising certificate to a solicitor in relation to a period without the solicitor having professional indemnity insurance in respect of that period if the law society is satisfied that the nature of the practice of the solicitor does not require professional indemnity insurance.
(5)The law society may refuse to issue an unrestricted practising certificate if—
(a)the applicant fails to comply with section 104 (6) or section 106; or
(b)a report under division 11.5, division 11.6 or division 11.7 discloses a deficiency in the trust moneys held by him or her (not being a deficiency that was excusable and was made good before the date of the report).
(6)The law society shall refuse to issue an unrestricted practising certificate if the applicant—
(a)is bankrupt; or
(b)has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c)has compounded with creditors or made an assignment of remuneration for the benefit of his or her creditors.
(7)The law society shall not issue an unrestricted practising certificate to an applicant who has not previously held such a certificate unless the applicant has satisfied the law society by passing examinations or otherwise that he or she has an adequate knowledge of accounts and legal ethics.
Issue of restricted practising certificates
(1)Subject to this division, if the law society receives an application from a person under section 24 and is satisfied that the person is qualified to hold a restricted practising certificate, the law society shall issue to the applicant a practising certificate of that type.
(2)The law society may issue a restricted practising certificate to a person whose unrestricted practising certificate—
(a)has been suspended; or
(b)has been cancelled in accordance with section 36A (2) or (3).
Issue of practising certificates to practitioners enrolled under Mutual Recognition Act or Trans-Tasman Mutual Recognition Act
(1)Where a person holds a practising certificate under the law of a State, New Zealand or another Territory (the home State) and—
(a)the name of the person is entered on the roll of legal practitioners under section 16D (2); and
(b)the person lodges with the law society a notice under the Mutual Recognition Act, section 19 or the Trans-Tasman Mutual Recognition Act, section 18;
the law society shall issue to the person a practising certificate subject to payment to the society of the amount provided for by section 26 (1) and any amounts provided for by section 27 (2).
(2)If the practising certificate held by the person under the law of the home State corresponds most closely to—
(a)an unrestricted practising certificate; or
(b)a restricted practising certificate;
the law society shall issue such a certificate to the person under this section.
(3)Subject to this division, if the holder of a practising certificate issued under this section makes an application under section 24, the law society shall issue to the applicant a further practising certificate of the same type.
Notice of refusal to issue practising certificates
Where the law society refuses to issue a practising certificate, it shall give notice in writing to the applicant of, and of the ground for, the refusal.
Powers of court relating to issue of practising certificates
(1)Where the law society—
(a)has refused to issue a practising certificate of the type sought by a person; or
(b)has refused to issue an unrestricted practising certificate to a person in accordance with section 27 (4) in relation to a period without the person having professional indemnity insurance in respect of that period;
the person may, within 14 days after being given notice of the refusal or the condition, apply to the court for an order under subsection (2).
(2)On an application under subsection (1), the court may direct the law society, as the case requires, to issue to the applicant—
(a)a practising certificate of the type sought by the applicant (with or without professional indemnity insurance); or
(b)if the applicant sought the issue of an unrestricted practising certificate—a restricted practising certificate.
(3)A person who has made an application under subsection (1) may apply to the court for an order under subsection (4).
(4)The court in its discretion may order that the person shall, until the determination of his or her application under subsection (1), be taken to be a person who holds a practising certificate of the type specified in the order.
(5)The law society shall be the respondent to an application under this section.
Application to court by person not qualified under s 27 (1)
(1)A legal practitioner who—
(a)is not qualified, in accordance with section 27 (1), to have an unrestricted practising certificate issued to him or her; and
(b)having regard to his or her training and experience, has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her;
may apply to the court for an order under subsection (2).
(2)Where the court is satisfied having regard to the training and experience of the applicant, that the applicant has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her the court may direct the law society to issue to the applicant an unrestricted practising certificate.
(3)The court may order that the practising certificate have effect subject to a condition or conditions specified in the order.
(4)On an application under subsection (1), the court shall, on the application of the law society, order that the costs incurred by the law society in connection with the application be paid by the applicant unless the court is satisfied that, in the circumstances of the case, it would not be just and reasonable to do so.
(5)The law society shall be the respondent to an application under this section.
Issue of certificates conditionally or unconditionally
(1)The law society may issue a practising certificate unconditionally or subject to conditions.
(2)The law society may from time to time, by notice in writing to the holder of a practising certificate, add to, or vary or revoke a condition of, a practising certificate whether or not the certificate was originally issued unconditionally.
(3)The imposition of conditions on a practising certificate under an order of the court does not limit the powers of the law society under subsection (2) in relation to that certificate.
(4)Without limiting the conditions that may be imposed under subsection (1), added under subsection (2) or the effect of a condition as varied under subsection (2), the conditions that may be so imposed, added or varied include all or any of the following:
(a)restricting the holder of the certificate to certain specified classes of work;
(b)prohibiting the holder of the certificate from engaging in certain specified classes of work;
(c)requiring the holder of the certificate to undertake all work or certain specified classes of work subject to supervision of a specified type;
(d)requiring the holder of the certificate to practise, or perform the functions of a solicitor, only in a type or types of specified employment or in the employment of a specified person;
(e)requiring the holder of the certificate to undertake education or training of a specified type or types;
(f)requiring the holder of the certificate to cease employing a specified person or persons;
(g)requiring the holder of the certificate to effect a specified type of insurance.
(5)In subsection (4):
specified means specified in the practising certificate.
Powers of court relating to conditions on practising certificates
(1)Where the law society has—
(a)issued a practising certificate subject to a condition which the holder considers is unreasonable (not being a condition referred to in section 31 (1) (b)); or
(b)added a condition to a practising certificate which the holder of the certificate considers is unreasonable; or
(c)varied a condition on a practising certificate in a way which the holder of the certificate considers is unreasonable;
the holder may apply to the court for an order under subsection (2).
(2)The court may order that a practising certificate have effect—
(a)free of any condition; or
(b)subject to any conditions the court thinks fit.
(3)An order under subsection (2)—
(a)may be expressed to have effect from a date earlier than the date on which the order is made; and
(b)may provide that a condition or conditions specified in the order is or are to operate instead of another condition or conditions specified in the order.
(4)The law society shall be the respondent to an application under this section.
Division 7.5 Surrender
Surrender of practising certificates
(1)Subject to subsection (2), a legal practitioner may surrender his or her practising certificate by application in writing to the law society accompanied by the certificate.
(2)The law society may decline to accept the surrender of a practising certificate.
(3)A surrender of a practising certificate shall be taken to have effect on and from the date specified by the law society in the acknowledgment referred to in subsection (4) (a).
(4)Where the law society accepts the surrender of a practising certificate it shall—
(a)acknowledge that fact in writing to the former holder of the certificate and specify in that writing the date on and from which the surrender is to be taken to have effect; and
(b)refund to the former holder a proportion, calculated in accordance with subsection (5), of—
(i)the fees paid for the issue of the certificate; and
(ii)any contribution made to the fidelity fund referred to in section 27 (2) (a).
(5)The amount of a refund—
(a)of the fees shall bear the same proportion to the total amount of the fees; and
(b)of any contribution shall bear the same proportion to the total amount of the contribution;
as the number of whole months that would have been the unexpired period of the certificate if it had not been surrendered bear to the total period of the certificate if it had not been surrendered.
(6)The surrender of a practising certificate does not affect any liability of the former holder (other than the liability for fees and any contribution and levy paid for the issue of the certificate) that had been incurred or accrued before the surrender of the certificate.
Division 7.6 Suspension and cancellation
Suspension
(1)The law society may suspend for a specified period not exceeding 12 months a practising certificate held by a legal practitioner who—
(a)fails to pay a fine or any costs, fees or expenses payable by him or her to the law society under this Act; or
(b)being required by the council to explain specified conduct by him or her as a solicitor, fails without reasonable excuse to give a reasonable written explanation to the council; or
(c)fails to fulfil any obligations he or she has under an agreement referred to in section 46; or
(d)fails to comply with a direction of the professional conduct board under section 58 (1) (b), 58 (2) or 59 (1).
(2)The law society may suspend for a specified period not exceeding 12 months an unrestricted practising certificate held by a legal practitioner—
(a)if the legal practitioner fails to comply with section 78 (1); or
(b)if the legal practitioner fails to comply with section 104 (6) or 106; or
(c)if a report under division 11.5, 11.6 or 11.7 discloses a deficiency in the trust moneys held by him or her (not being a deficiency that was excusable and was made good before the date of the report).
(3)If the law society is satisfied that a legal practitioner whose practising certificate has been suspended has paid the levy referred to in section 78 (1) (b), the law society shall revoke the suspension.
(4)A legal practitioner whose practising certificate is suspended shall be taken, during the period of its suspension, not to hold a current practising certificate.
NoteSection 147H (2) also contains provisions allowing the suspension of practising certificates of solicitors required to comply with s 147E (Solicitor to have fidelity cover for regulated mortgages).
36ACancellation
(1)Where—
(a)the name of a person is removed from the roll of legal practitioners; or
(b)the right of a person to practise in the ACT as a solicitor or as a barrister and solicitor is suspended;
a practising certificate held by the person is, by force of this section, cancelled.
(2)The law society shall cancel an unrestricted practising certificate held by a legal practitioner if he or she—
(a)becomes bankrupt; or
(b)applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c)compounds with creditors or makes an assignment of remuneration for the benefit of creditors.
(3)The law society may cancel a practising certificate held by a legal practitioner who has been sentenced to a term of imprisonment.
36BNotice of cancellation or suspension
Where the law society cancels or suspends a practising certificate it shall give the person to whom the certificate was issued notice in writing of, and of the ground for, the cancellation or suspension.
36CDelivery of cancelled certificate to law society etc
(1)Subject to subsection (2), a legal practitioner who is given notice of the cancellation of his or her practising certificate shall forthwith deliver the certificate to the law society.
(2)Where—
(a)a practising certificate has been cancelled; and
(b)an order has been made under section 36D (5); and
(c)the court refuses to make an order under section 36D (2);
the person who held the practising certificate shall, forthwith after the refusal, deliver the certificate to the law society.
(3)Where a practising certificate that has been cancelled is delivered to the law society under subsection (2) and before the expiration of the certificate in accordance with section 36F (2)—
(a)the cancellation of the certificate is revoked; or
(b)the court makes an order under section 36D (5);
the law society shall forthwith cause the certificate to be returned to the legal practitioner concerned.
36DPowers of court relating to cancellation or suspension of practising certificates
(1)A person whose practising certificate has been cancelled or suspended by the law society may apply to the court for an order under subsection (2).
(2)Where, on an application under subsection (1), the court is satisfied that the circumstances are such that the cancellation or suspension of the applicant’s practising certificate ought to be revoked, the court may, subject to such terms and conditions (if any) as it thinks fit, by order revoke the cancellation or suspension of the applicant’s practising certificate.
(3)Where the court makes an order under subsection (2), the revocation of the cancellation or suspension of the applicant’s practising certificate shall take effect on and from the date of the order or such other date as is specified in the order.
(4)A person who has made an application under subsection (1) may apply to the court for an order under subsection (5).
(5)The court in its discretion may order that the person shall, until the determination of his or her application under subsection (1), be taken to be a person who holds a practising certificate of the type specified in the order.
(6)The law society shall be the respondent to an application under this section.
Division 7.7 Miscellaneous
36EFees for practising certificates
(1)The fee payable on an application for the issue of an unrestricted practising certificate or a restricted practising certificate is that fixed by the law society as the fee payable for that type of practising certificate.
(2)Where an application for the issue of a practising certificate is made after 1 July in any year and before the following 30 June, the fee payable for the issue of the practising certificate is an amount that bears to the fee applicable under subsection (1) the same proportion as the number of months in the period between the date of the application and the following 30 June bears to 12.
(3)Where the law society issues a practising certificate to a person who has, within the period of 12 months immediately preceding the date of issue of the certificate, had his or her practising certificate cancelled—
(a)the fee payable in respect of the application for the issue of the practising certificate may be reduced or payment of the fee may be waived by the society; and
(b)where the person has already paid a contribution to the fidelity fund in respect of a period including the period for which the certificate will be in force—the person is not required to pay a contribution to the fidelity fund.
36FDate of effect and term of practising certificates
(1)A practising certificate takes effect on the date on which the certificate is expressed to take effect.
(2)A practising certificate expires on 30 June next following the date on which the certificate takes effect.
36GRegister of holders of practising certificates
(1)The law society shall keep a register of the names of all persons holding current unrestricted practising certificates and a register of the names of all persons holding current restricted practising certificates.
(2)A register shall be kept in such manner and form as the law society determines.
36HNotice of change of circumstances
(1)The holder of an unrestricted practising certificate who—
(a)commences to practise at an address, or under a name, other than that stated in the application for the practising certificate; or
(b)commences to practise, as a member of a partnership, under a name different from the name stated in the application for the practising certificate; or
(c)ceases to practise at an address at which he or she was previously practising;
shall, within 14 days of commencing or ceasing so to practise, notify the law society of the fact and of the new name or address as the case requires.
(2)Where the holder of a restricted practising certificate who is employed by a solicitor—
(a)ceases employment with the solicitor; or
(b)commences employment with another solicitor;
the holder shall, within 14 days of ceasing or commencing employment, as the case may be, notify the law society of that fact.
Part 8Discipline
Division 8.1 Preliminary
Definitions for pt 8
In this part:
conference means a conference convened under section 43.
employee, in relation to a solicitor, means an employee or former employee (not himself or herself a solicitor) of that solicitor.
inquiry means an inquiry under division 8.5.
interested party, in relation to a conference or inquiry, means—
(a)the solicitor or employee whose conduct is the subject of the conference or inquiry; and
(b)if the conduct is that of an employee—the solicitor who employs or employed the employee; and
(c)any person who was a client of the solicitor referred to in paragraph (a) or (b) in the matter in relation to which the conduct occurred; and
(d)if the person who brought the conduct, or any aspect of it, to the attention of the law society is not a client referred to in paragraph (c)—that person.
professional misconduct includes—
(a)unsatisfactory professional conduct of a substantial, recurring or continuing nature; and
(b)conduct (whether consisting of an act or omission) occurring otherwise than in connection with the practice of law that would justify a finding that its perpetrator is not of good fame and character or is not a fit and proper person to remain on the roll of legal practitioners; and
(c)conduct that is professional misconduct under section 118, 191D (3), 191E (3) or 191M (2).
solicitor means a legal practitioner who—
(a)is a member of the law society and was not, at the relevant time, practising solely as a barrister; or
(b)holds or, at the relevant time, held a practising certificate.
unsatisfactory employment conduct, in relation to an employee of a solicitor, means being a party to, or causing, an act or omission in relation to the solicitor’s practice (whether with or without the connivance of the solicitor), being an act or omission in respect of which a complaint under section 50 has been, or could be, made against the solicitor.
unsatisfactory professional conduct includes conduct (whether consisting of an act or omission) occurring in connection with the practice of law that falls short of the standard of competence and diligence that a client is entitled to expect of a reasonably competent legal practitioner.
Division 8.2 Professional conduct board
Establishment and membership
(1)There shall be a body to be known as the Professional Conduct Board of The Law Society of the Australian Capital Territory.
(2)The professional conduct board shall consist of 7 members, as follows:
(a)5 members appointed by the council;
(b)2 members appointed by the Attorney-General after consultation with the law society.
(3)A person is not eligible for appointment as a member referred to in subsection (2) (a), or for appointment under subsection (6) (a), unless not less than 5 years have elapsed since the person was first admitted to practise as a legal practitioner (however described) in a State or Territory and the person—
(a)holds a current unrestricted practising certificate; or
(b)is a legal practitioner practising as a barrister.
(4)A person is not eligible for appointment as a member referred to in subsection (2) (b), or for appointment under subsection (6) (b), if the person is enrolled as a legal practitioner (however described) whether in the ACT or elsewhere or who has the educational qualifications prescribed for admission as a legal practitioner.
(5)A member of the professional conduct board holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment and is eligible for reappointment.
(6)In the event of a member of the professional conduct board ceasing to hold office before the member’s term of office has expired—
(a)in the case of a member referred to in subsection (2) (a)—the law society; and
(b)in the case of a member referred to in subsection (2) (b)—the Attorney-General, after consultation with the law society;
may appoint a person to hold the vacant office for the balance of that term.
(7)The members of the professional conduct board shall elect 1 of their number to be chairperson of the board.
(8)A member of the professional conduct board may resign by writing signed by the member and delivered to—
(a)in the case of a member referred to in subsection (2) (a)—the law society; and
(b)in the case of a member referred to in subsection (2) (b)—the Attorney-General.
Payment of remuneration and allowances
The amount which a member of the professional conduct board is entitled to be paid by way of remuneration and allowances shall be paid by the law society out of moneys standing to the credit of a statutory interest account.
Secretary to professional conduct board
(1)There shall be a secretary to the professional conduct board who shall be appointed by the council.
(2)If the secretary—
(a)is a legal practitioner; and
(b)is not employed by the law society;
the secretary is entitled to be paid as if he or she were a member of the professional conduct board.
Removal of member of professional conduct board
(1)The court may, on the application of the law society, remove a member of the professional conduct board from office for misbehaviour or physical or mental incapacity.
(2)If a member of the professional conduct board—
(a)becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(b)in the case of a member referred to in section 38 (2) (a)—ceases to be a person referred to in subsection (3) (a) or (b); or
(c)in the case of a member referred to in section 38 (2) (b)—becomes enrolled as a legal practitioner (however described) whether in the ACT or elsewhere; or
(d)is convicted for an offence punishable by imprisonment for 1 year or longer; or
(e)is absent, except on leave granted by the professional conduct board from 3 consecutive meetings of the board;
the court may remove the member from office.
Meetings
(1)At a meeting of the professional conduct board, 4 members constitute a quorum.
(2)Of the members referred to in subsection (1)—
(a)at least 1 shall be a member referred to in section 38 (2) (b); and
(b)a majority shall be members referred to in section 38 (2) (a).
(3)The chairperson of the professional conduct board shall preside at all meetings of the board at which he or she is present.
(4)In the absence of the chairperson from a meeting of the professional conduct board, the members present at the meeting shall elect 1 of their number to preside at the meeting and, in relation to that meeting, a reference in this Act to the chairperson is a reference to the person so elected.
(5)At a meeting of the professional conduct board, the chairperson or person elected under subsection (4) has a deliberative vote and, in the event of an equality of voting, also has a casting vote.
(6)If—
(a)a person who is a member of the board was the convenor of a conference convened under section 43; and
(b)an interested party notifies the board in writing that he or she objects to the participation of that member in an inquiry to be held in relation to the complaint;
that member is not entitled to be present at a meeting of the board for the purpose of such an inquiry.
Division 8.3 Conciliation
Convening of conference
(1)Where the law society has reason to believe that unsatisfactory professional conduct, professional misconduct or unsatisfactory employment conduct may have occurred, it may direct that a conference be convened between the interested parties.
(2)A conference shall be convened and chaired by a member, or a member of staff, of the law society appointed by the council in writing for the purpose.
(3)The convenor—
(a)shall fix a time and place for the conference; and
(b)at the request of an interested party or of his or her own volition, may, subject to paragraph (c), adjourn the conference to a later time or to another place; and
(c)shall give the interested parties reasonable notice of the time and place.
Presence at conference
(1)An interested party may be represented at a conference by—
(a)a legal practitioner; or
(b)an agent; or
(c)in the case of an interested party which is a body corporate—an officer or employee of the body.
(2)A person is not entitled to be present at a conference unless he or she is the convenor, an interested party, a person representing an interested party under subsection (1) or a person who is present with the consent of the interested parties.
Confidentiality
(1)In any proceedings, evidence shall not be given of anything said or done at a conference unless the interested parties otherwise agree.
(2)Nothing in subsection (1) prevents the convenor of a conference from informing the council of any matter which, in his or her view, the council should consider in deciding whether or not to make a written complaint under section 50 (1).
Resolution by agreement
If, at or after a conference, the interested parties agree on how to resolve the matter in respect of which the conference was convened to the satisfaction of the parties, the convenor shall arrange for the terms of the agreement to be put in writing, signed by or on behalf of the interested parties and lodged with the law society.
Failure to reach agreement
If, at or after a conference, the interested parties are unable to agree on how to resolve the matter in respect of which the conference was convened to the satisfaction of the parties, the convenor shall inform the council accordingly.
Failure to attend conference
If an interested party fails to attend a conference, the convenor of the conference shall inform the council accordingly.
Agreement no bar
Any agreement by interested parties on how to resolve a matter in respect of which a conference was convened is not to be taken to be a bar to the making of, or to prejudice in any way, a complaint by the council under section 50 (1) in relation to the same matter.
Division 8.4 Complaints
Complaints
(1)The council may make a written complaint to the professional conduct board regarding the professional conduct of a solicitor or the employment conduct of an employee of a solicitor.
(2)Where the council makes a complaint to the professional conduct board, it shall forward to the board—
(a)any documents or information received by the law society in relation to the complaint; and
(b)particulars of any statement relating to the complaint made to the law society by the solicitor, or employee, to whom the complaint relates.
Division 8.5 Inquiries
Inquiries
(1)The professional conduct board shall inquire into a complaint made by the law society.
(2)At an inquiry under this division—
(a)the law society; and
(b)each interested party;
is entitled to be represented by a legal practitioner who may examine witnesses and address the board.
(3)Subject to subsection (4), an inquiry under this division shall be open to the public.
(4)The committee may order the exclusion of the public, of members of the public other than a person or persons specified by the committee, or of persons specified by the committee, from the inquiry where the committee is satisfied that the presence of the public or of those persons, as the case may be, would be contrary to the interests of justice.
(5)A person who refuses or fails to comply with an order under subsection (4) commits an offence.
Maximum penalty (subsection (5)): 20 penalty units.
Professional conduct board to fix date and notify persons concerned
Where a complaint is made to the professional conduct board, the board shall fix a time and place for the commencement of its inquiry and shall give notice of the time and place so fixed to—
(a)the solicitor, or other person, to whose behaviour the inquiry will relate; and
(b)where the inquiry is being held as the result of a written complaint to the law society by a person—that person; and
(c)the law society.
Procedure
At an inquiry—
(a)the procedure of the professional conduct board is, subject to this Act, within the discretion of the board; and
(b)the rules of law governing the admission of evidence shall be observed; and
(c)the proceedings shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the board permit.
Summons to witness
(1)For the purpose of an inquiry, the chairperson of the professional conduct board may, in writing, summon a person to appear at a specified time and place before the board—
(a)to produce the documents referred to in the summons; or
(b)at the inquiry—
(i)to give evidence; or
(ii)to give evidence and produce the documents referred to in the summons.
(2)A person shall be taken to have complied with a summons of the kind referred to in subsection (1) (a) if the person delivers the documents referred to in the summons to the board before the time specified in the summons.
(3)A person shall not, without reasonable excuse, fail to comply with a summons under subsection (1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Power to examine on oath etc
The chairperson of the professional conduct board may administer an oath or affirmation to a person appearing as a witness at an inquiry under this division.
Record of proceedings at inquiry
(1)Subject to subsection (2), a record of the evidence of a witness at an inquiry under this division shall be made—
(a)by means of sound-recording apparatus; or
(b)by means of shorthand or any similar means.
(2)Where the professional conduct board so directs, the evidence of a witness at an inquiry under this division shall not be recorded in accordance with subsection (1), but shall be taken down in writing, and, after being read over to the witness or given to the witness to read, shall be signed by the witness and the chairperson of the professional conduct board.
(3)The secretary to the professional conduct board shall have the custody of any record of evidence made in accordance with subsection (1) or (2).
(4)The secretary to the professional conduct board shall give such directions as the secretary considers necessary for ensuring that, in any case where a transcript of the record of any evidence made in accordance with subsection (1) is or may be required, a transcript is prepared.
(5)Where a transcript of a record is prepared in accordance with the directions of the secretary to the professional conduct board given under subsection (4), the person who prepared the transcript, or under whose supervision the transcript was prepared, shall certify on the transcript, in writing signed by him or her, that the transcript is a true transcript of a record produced out of the custody of the secretary.
(6)Where a record made by means of sound-recording apparatus, shorthand or similar means is produced out of the custody of the secretary to the professional conduct board and the record purports to be a record made in accordance with subsection (1) of the evidence of a witness at an inquiry under this division, the record is evidence that that person gave that evidence at that inquiry.
(7)Where—
(a)a sound recording is produced out of the custody of the secretary to the professional conduct board; and
(b)the sound recording contains a record of comments that purport—
(i)to have been made at the same time as a sound recording made in accordance with subsection (1) of the evidence of a witness at an inquiry under this division; and
(ii)to have been made for the purpose of identifying the proceedings, voices recorded on the lastmentioned sound recording or any other matter or things so recorded;
the firstmentioned sound recording is evidence of the identity of the proceedings, of the voices or of that other matter or thing, as the case may be.
(8)Where—
(a)a document purports to be a transcript, or a copy of a transcript, of a record made in accordance with subsection (1) of evidence given by a witness at an inquiry under this division; and
(b)the document bears a certificate that purports to be a certificate given in accordance with subsection (5);
the document is evidence that the witness gave the evidence of which the document purports to be a transcript at that inquiry.
(9)Where a document—
(a)purports to be the evidence of a witness at an inquiry under this division as taken down in writing and signed in accordance with subsection (2); or
(b)purports to be a copy of the evidence of a witness at such an inquiry as so taken down in writing and signed and bears a certificate by the secretary to the professional conduct board that it is a copy of the evidence so taken and signed;
the document is evidence that the witness gave the evidence appearing in the document at that inquiry.
(10)On an application made by—
(a)the solicitor, or other person, to whose behaviour the inquiry relates; or
(b)a person who satisfies the professional conduct board that he or she has good reason for requiring a copy of a transcript or of any evidence recorded in accordance with this section;
the professional conduct board shall, on payment by the applicant of such fees as are fixed by the law society, furnish to the applicant a copy of the transcript or evidence so recorded.
(11)Where a person applies to the secretary to the professional conduct board for a copy of any transcript and a copy of the transcript is not available, the secretary may, before causing a copy of the transcript to be prepared, require the applicant to deposit with the secretary on account of the fee payable on the application such amount as the secretary determines, being an amount that does not, in the opinion of the secretary, exceed the amount of the fee that will become so payable.
Witnesses at inquiries
(1)Subject to section 63 (3), a person appearing as a witness at an inquiry under this division shall not, without reasonable excuse, refuse to be sworn or to make an affirmation or to answer a question relevant to the proceedings put to him or her.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A statement made by a witness at an inquiry under this division is not, except in proceedings under this Act or in a prosecution for giving false evidence at the inquiry, admissible in evidence against the person in criminal proceedings in a court.
Disciplinary powers of board
(1)If, after an inquiry into the professional conduct of a solicitor, the professional conduct board is satisfied that the solicitor is guilty of professional misconduct or unsatisfactory professional conduct, the board may do all or any of the following:
(a)in a case of professional misconduct—suspend for a specified period not exceeding 12 months any practising certificate held by the solicitor;
(b)direct the solicitor to do all or any of the following:
(i)cease to accept, for a specified time, instructions in relation to a specified class of work;
(ii)cease to employ in his or her practice a specified person or persons;
(iii)undertake specified further legal education;
(iv)seek advice in relation to the management of his or her practice from a specified person or persons;
(c)in a case of professional misconduct—impose on the solicitor a fine not exceeding $10 000;
(d)reprimand the solicitor.
(2)If satisfied that a person has suffered loss or other detriment as a consequence of professional misconduct or unsatisfactory professional conduct, in addition to its powers under subsection (1) the professional conduct board may, with the consent of the person, direct the solicitor to do all or any of the following:
(a)carry out specified work for the person, either free of charge or for a specified fee;
(b)waive the whole or a specified part of fees otherwise payable, or refund the whole or a specified part of fees paid, by the person in respect of specified work;
(c)pay a specified amount not exceeding $2 000 to the person by way of compensation;
(d)waive any lien in respect of a specified document or class of documents.
(3)Payment of compensation to a person under a direction under subsection (2) (c) does not affect any other remedy available to the person in respect of the relevant loss or detriment but any amount so paid may be taken into account—
(a)in determining the amount of compensation payable to the person by the law society from the fidelity fund under division 12.2; or
(b)in any other proceedings for the recovery of damages or compensation in respect of that loss or detriment.
Amendment history
Commencement
s 2om R6 LRA
Definitions for Act
s 3orig s 3 om 1978 No 46
(prev s 5) sub 1972 No 4
renum 1993 No 94 s 44
def admission board ins 1993 No 94 sch
sub 1997 No 95 s 4
def authorised officer ins 1991 No 37 s 4
def barrister and solicitor am 1997 No 26 s 4
om 1997 No 95 s 4
def Chief Judge ins 1979 No 20 s 3
om 1986 No 82 s 4
def Chief Justice ins 1986 No 82 s 4
am 1993 No 91 sch 3
om 1993 No 93 sch
def control ins 1996 No 2 s 4
def controlled moneys ins 1994 No 76 s 4
sub 1996 No 2 s 4
def council ins 1993 No 94 s 4
def court ins 1997 No 95 s 4
def Director ins 1975 No 22 s 3 (but see 1975 No 9 s 3)
om 1986 No 82 s 4
def fidelity fund ins 1993 No 94 sch
def government law office ins 1989 No 36 sch
om 1991 No 60 s 4
def indemnity fund ins 1997 No 95 s 4
def law society ins 1993 No 94 sch
def legal practitioner ins 1997 No 95 s 4
def Mutual Recognition Act ins 1997 No 95 s 4
def practising certificate ins 1997 No 26 s 4
def prescribed person ins 1986 No 82 s 4
om 1993 No 94 s 4
def professional conduct board ins 1993 No 94 s 4
def professional indemnity insurance ins 1997 No 95 s 4
def registrar ins 1993 No 94 sch
def relevant administrative unit ins 1991 No 60 s 4
am 1994 No 38 sch 1 pt 52
om 1994 No 76 s 4
def roll of barristers and solicitors ins 1993 No 94 sch
om 1997 No 95 s 4
def roll of legal practitioners ins 1997 No 95 s 4
def rules of court ins 1991 No 37 s 4
am 1993 No 91 sch 3
def statutory interest account ins 1991 No 92 s 3
def the admission board om 1993 No 94 sch
def the court om 1993 No 94 sch
def the disciplinary committee am 1991 No 92 s 3
om 1993 No 94 s 4
def the fidelity fund om 1993 No 94 sch
def the judge om 1979 No 20 s 3
def the law society om 1993 No 94 sch
def the registrar om 1993 No 94 sch
def the roll of barristers and solicitors om 1993 No 94 sch
def third party payment ins 1996 No 2 s 4
def Trans-Tasman Mutual Recognition Act ins 1999 No 66 sch 3
def trust moneys am 1993 No 94 sch; 1994 No 76 s 4
def unrestricted practising certificate am 1993 No 94 sch; 1997 No 95 sch
The Law Society
pt 2 hdg(prev pt 1A hdg) ins 1972 No 4
renum 1993 No 94 s 44
Incorporation of law society
s 4orig s 4 sub 1972 No 4
om 1975 No 9
(prev s 6) am 1970 No 51
sub 1972 No 4
am 1985 No 29; 1990 No 5; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 26; 1997 No 95; ss renum R7 LA
Her Majesty’s counsel
pt 3 hdg(prev pt 1B hdg) ins 1972 No 4
renum 1993 No 94 s 44
om 1995 No 42
ins 1995 No 42
Existing appointments
s 5(prev s 6A) ins 1972 No 4
am 1986 No 82; 1988 No 52; 1990 No 5; 1991 No 37; 1993 No 94
renum 1993 No 94 s 44
sub 1995 No 42
Abrogation of royal prerogative
s 6(prev s 6B) ins 1972 No 4
am 1991 No 92; 1992 No 54; 1993 No 94
renum 1993 No 94 s 44
sub 1995 No 42
am 1997 No 95
Precedence of barristers and solicitors
pt 4 hdgorig pt 4 hdg om 1986 No 82
(prev pt 1C hdg) ins 1972 No 4
renum 1993 No 94 s 44
om 1995 No 42
The director of legal aid
pt 1D hdgins 1975 No 22 (but see 1975 No 9)
om 1978 No 8 (see also s 6L as am by 1978 No 8 s 3)
Director of legal aid
s 6C ins 1975 No 22 (but see 1975 No 9)
om 1978 No 8 (see also s 6L as am by 1978 No 8 s 3)
Functions of director
s 6D ins 1975 No 22 (but see 1975 No 9)
om 1978 No 8 (see also s 6L as am by 1978 No 8 s 3)
Appointment of persons to assist director
s 6E ins 1975 No 22 (but see 1975 No 9)
om 1978 No 8 (see also s 6L as am by 1978 No 8 s 3)
Rights of director and staff
s 6F ins 1975 No 22 (but see 1975 No 9)
om 1978 No 8 (see also s 6L as am by 1978 No 8 s 3)
Director may act for person having interest adverse to Australia
s 6G ins 1975 No 22 (but see 1975 No 9)
om 1978 No 8 (see also s 6L as am by 1978 No 8 s 3)
Director may advertise
s 6H ins 1975 No 22 (but see 1975 No 9)
om 1978 No 8 (see also s 6L as am by 1978 No 8 s 3)
Certain provisions not to apply to director
s 6J ins 1975 No 22 (but see 1975 No 9)
om 1978 No 8 (see also s 6L as am by 1978 No 8 s 3)
Certain laws to apply as if persons appointed under s 6E were employees of director
s 6K ins 1975 No 22 (but see 1975 No 9)
om 1978 No 8 (see also s 6L as am by 1978 No 8 s 3)
Expiration of part
s 6Lins 1975 No 22
am 1975 No 45; 1976 No 28; 1976 No 68; 1977 No 20; 1977 No 55; 1977 No 62; 1978 No 8
om 1978 No 8 (see also s 6L as am by 1978 No 8 s 3)
Admission board
pt 5 hdg(prev pt 2 hdg) renum 1993 No 94 s 44
Admission board
s 7am 1972 No 4; 1973 No 2; 1979 No 20; 1986 No 82; 1991 No 92; 1993 No 94; 1997 No 95
Vacation of the office of members of admission board
s 8am 1979 No 20; 1991 No 92; 1993 No 94; 1997 No 95
Meetings of admission board
s 9sub 1979 No 20
am 1990 No 5; 1993 No 94
Legal protection for members
s 10(prev s 9A) ins 1993 No 94
renum 1993 No 94 s 44
Admission or enrolment of legal practitioners
pt 6 hdgsub 1997 No 95
Application for admission or enrolment
s 11(prev s 10) am 1975 No 1; 1979 No 40; 1983 No 61; 1986 No 79; 1986 No 82; 1991 No 37; 1993 No 91; 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
am 1999 No 66 sch 3; ss renum R7 LA
Enrolment of persons entitled to registration under Mutual Recognition Act
s 12(prev s 10A) ins 1972 No 4
sub 1991 No 37
renum 1993 No 94 s 44
sub 1997 No 95
am 1999 No 66 sch 3
Copies of applications to admission board and law society
s 13(prev s 11) am 1983 No 61; 1986 No 82
sub 1991 No 37
am 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Report by admission board—other cases
s 14(prev s 12) am 1972 No 4
sub 1986 No 82
am 1991 No 37
renum 1993 No 94 s 44
am 1997 No 95
Response to applications by law society
s 15(prev s 12A) ins 1972 No 4
am 1983 No 61
sub 1991 No 37
renum 1993 No 94 s 44
sub 1997 No 95
am 1999 No 66 sch 3
Effect of bankruptcy on unrestricted practising certificate
s 15Hins 1972 No 4
am 1991 No 92
om 1993 No 94
Enrolment of New Zealand practitioners—action by registrar and law society
s 16orig s 16 am 1972 No 4; 1979 No 40
om 1986 No 82
(prev s 13) am 1972 No 4; 1991 No 37; 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
om 1999 No 66 sch 3
Enrolment of practitioners under Mutual Recognition Act or Trans-Tasman Mutual Recognition Act—action by registrar and law society
s 16A hdgam 1999 No 66 sch 3
s 16Ains 1997 No 95
am 1999 No 66 sch 3
Admission or entitlement to enrolment or registration
s 16Bins 1997 No 95
am 1999 No 66 sch 3; ss renum R7 LA
Roll of legal practitioners
s 16Cins 1997 No 95
am 1999 No 66 sch 3
Entry of names on roll
s 16Dins 1997 No 95
am 1999 No 66 sch 3
Oath or affirmation
s 17orig s 17 om 1986 No 82
(prev s 14) am 1983 No 61
sub 1991 No 37
renum 1993 No 94 s 44
am 1997 No 95
Rules of court about enrolment
s 18orig s 18 om 1986 No 82
(prev s 14A) ins 1991 No 37
renum 1993 No 94 s 44
am 1997 No 95
Signing roll
s 19orig s 19 am 1983 No 61
om 1986 No 82
(prev s 15) am 1991 No 37
renum 1993 No 94 s 44
am 1997 No 95
Right to practise
s 20orig s 20 om 1986 No 82
(prev s 15A) ins 1972 No 4
am 1991 No 37
renum 1993 No 94 s 44
am 1997 No 95
Solicitors’ practising certificates
pt 7 hdg(prev pt 3A hdg) ins 1972 No 4
renum 1993 No 94 s 44
sub 1997 No 95
Preliminary
div 7.1 hdg(prev pt 3A div 1 hdg) ins 1972 No 4
renum 1993 No 94 s 44
(prev pt 7 div 1 hdg) renum R7 LA
Meaning of public employment
s 21orig s 21 om 1986 No 82
(prev s 15B) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 26
sub 1997 No 95
Requirement
div 7.2 hdg(prev pt 3A div 2 hdg) ins 1972 No 4
renum 1993 No 94 s 44
(prev pt 7 div 2 hdg) renum R7 LA
Practising certificates required
s 22orig s 22 om 1986 No 82
(prev s 15C) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Application
div 7.3 hdg(prev pt 3A div 3 hdg) ins 1972 No 4
renum 1993 No 94 s 44
(prev pt 7 div 3 hdg) renum R7 LA
Restrictions on persons who may apply
s 23orig s 23 om 1986 No 82
(prev s 15D) ins 1972 No 4
am 1980 No 16 s 4; 1987 No 21; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76; 1996 No 43
sub 1997 No 95
Issue of unrestricted practising certificates to certain persons
s 23Ains 1996 No 43
om 1997 No 95
Applications for practising certificates
s 24orig s 24 om 1986 No 82
(prev s 15E) ins 1972 No 4
am 1974 No 5; 1980 No 16 s 4; 1986 No 82; 1989 No 36; 1991 No 60; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
sub 1994 No 76; 1997 No 95
am 2001 No 44 amdt 1.2618, amdt 1.2619
Issue at discretion of law society
s 24Ains 1994 No 76
om 1997 No 95
Issue to certain New Zealand legal practitioners
s 24Bins 1994 No 76
om 1997 No 95
Issue
div 7.4 hdg(prev pt 3A div 4 hdg) ins 1972 No 4
renum 1993 No 94 s 44
(prev pt 7 div 4 hdg) renum R7 LA
Issuing authority
s 25(prev s 15F) ins 1972 No 4
am 1974 No 5; 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Issue of certificates—generally
s 26(prev s 15G) ins 1972 No 4
sub 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
am 2002 No 27 s 21
Issue of unrestricted practising certificates
s 27(prev s 15GA) ins 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
table renum R13 LA
Issue of restricted practising certificates
s 28(prev s15GB) ins 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Issue of practising certificates to practitioners enrolled under Mutual Recognition Act or Trans-Tasman Mutual Recognition Act
s 29 hdgam 1999 No 66 sch 3
s 29(prev s 15J) ins 1972 No 4
am 1979 No 20; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76; 1996 No 43
sub 1997 No 95
am 1999 No 66 sch 3
Notice of refusal to issue practising certificates
s 30(prev s 15K) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Powers of court relating to issue of practising certificates
s 31(prev s 15L) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Application to court by person not qualified under s 27 (1)
s 32(prev s 15M) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Issue of certificates conditionally or unconditionally
s 33(prev s 15N) ins 1972 No 4
renum 1993 No 94 s 44
sub 1997 No 95
Powers of court relating to conditions on practising certificates
s 34(prev s 15NA) ins 1979 No 20
am 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Surrender
div 7.5 hdg(prev pt 3A div 5 hdg) ins 1972 No 4
renum 1993 No 94 s 44
(prev pt 7 div 5 hdg) renum R7 LA
Surrender of practising certificates
s 35(prev s 15P) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Suspension and cancellation
div 7.6(prev pt 3A div 6 hdg) ins 1972 No 4
renum 1993 No 94 s 44
(prev pt 7 div 6 hdg) renum R7 LA
Suspension
s 36(prev s 15Q) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
am 2002 No 27 s 22
Cancellation
s 36Ains 1997 No 95
Notice of cancellation or suspension
s 36Bins 1997 No 95
Delivery of cancelled certificate to law society etc
s 36Cins 1997 No 95
Powers of court relating to cancellation or suspension of practising certificates
s 36Dins 1997 No 95
Miscellaneous
div 7.7 hdg(prev pt 3A div 7 hdg) ins 1972 No 4
renum 1993 No 94 s 44
(prev pt 7 div 7 hdg) renum R7 LA
Fees for practising certificates
s 36Eins 1997 No 95
Date of effect and term of practising certificates
s 36Fins 1997 No 95
Register of holders of practising certificates
s 36Gins 1997 No 95
Notice of change of circumstances
s 36Hins 1997 No 95
Discipline
pt 8 hdg(prev pt 5 hdg) sub 1972 No 4
renum 1993 No 94 s 44
Preliminary
div 8.1 hdg(prev pt 5 div 1A hdg) ins 1993 No 94 s 11
renum 1993 No 94 s 44
(prev pt 8 div 1 hdg) renum R7 LA
Definitions for pt 8
s 37(prev s 24) ins 1993 No 94 s 11
renum 1993 No 94 s 44
def conference ins 1993 No 94 s 11
def employee ins 1993 No 94 s 11
def inquiry ins 1993 No 94 s 11
def interested party ins 1993 No 94 s 11
def professional misconduct ins 1993 No 94 s 11
def solicitor ins 1993 No 94 s 11
def unsatisfactory employment conduct ins 1993 No 94 s 11
def unsatisfactory professional conduct ins 1993 No 94 s 11
Professional conduct board
div 8.2 hdg(prev pt 5 div 1 hdg) sub 1993 No 94
renum 1993 No 94 s 44
(prev pt 8 div 2 hdg) renum R7 LA
Establishment and membership
s 38(prev s 25) sub 1972 No 4; 1986 No 82
am 1990 No 5; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Payment of remuneration and allowances
s 39(prev s 25A) ins 1987 No 21
am 1990 No 5
sub 1991 No 92
am 1993 No 94
renum 1993 No 94 s 44
om 1997 No 41 sch 1
ins 1997 No 95
Secretary to professional conduct board
s 40(prev s 26) sub 1972 No 4
am 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Removal of member of professional conduct board
s 41(prev s 27) sub 1972 No 4; 1986 No 82
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Meetings
s 42(prev s 28) am 1970 No 51
sub 1972 No 4
am 1986 No 82; 1990 No 5; 1993 No 94
renum 1993 No 94 s 44
Practising certificate may be issued in some circumstances notwithstanding absence of full insurance
s 42Kins 1980 No 16
om 1991 No 92
Conciliation
div 8.3 hdg(prev pt 5 div 1AA hdg) ins 1993 No 94
renum 1993 No 94 s 44
(prev pt 8 div 3 hdg) renum R7 LA
Convening of conference
s 43orig s 43 om 1972 No 4
(prev s 28A) ins 1993 No 94
renum 1993 No 94 s 44
Presence at conference
s 44(prev s 28B) ins 1993 No 94
renum 1993 No 94 s 44
Confidentiality
s 45(prev s 28C) ins 1993 No 94
renum 1993 No 94 s 44
Resolution by agreement
s 46(prev s 28D) ins 1993 No 94
renum 1993 No 94 s 44
Failure to reach agreement
s 47(prev s 28E) ins 1993 No 94
renum 1993 No 94 s 44
Failure to attend conference
s 48(prev s 28F) ins 1993 No 94
renum 1993 No 94 s 44
Agreement no bar
s 49(prev s 28G) ins 1993 No 94
renum 1993 No 94 s 44
Complaints
div 8.4 hdg(prev pt 5 div 1AB hdg) ins 1993 No 94
renum 1993 No 94 s 44
(prev pt 8 div 4 hdg) renum R7 LA
Complaints
s 50(prev s 29) sub 1972 No 4
am 1986 No 7; 1986 No 82; 1993 No 94
renum 1993 No 94 s 44
Inquiries
div 8.5 hdg(prev pt 5 div 2 hdg) ins 1993 No 94
renum 1993 No 94 s 44
(prev pt 8 div 5 hdg) renum R7 LA
Inquiries
s 51(prev s 30) sub 1972 No 4
am 1986 No 82; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81
Professional conduct board to fix date and notify persons concerned
s 52(prev s 31) sub 1972 No 4
am 1986 No 82; 1993 No 94
renum 1993 No 94 s 44
Procedure
s 53(prev s 31A) ins 1993 No 94
renum 1993 No 94 s 44
Summons to witness
s 54(prev s 32) sub 1972 No 4
am 1986 No 82; 1990 No 5; 1991 No 92
sub 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch
Power to examine on oath etc
s 55(prev s 33) sub 1972 No 4
am 1990 No 5; 1993 No 94
renum 1993 No 94 s 44
Record of proceedings at inquiry
s 56(prev s 34) sub 1972 No 4
am 1986 No 82; 1993 No 94
renum 1993 No 94 s 44
Witnesses at inquiries
s 57(prev s 35) sub 1972 No 4
am 1986 No 82; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch
Disciplinary powers of board
s 58(prev s 36) sub 1972 No 4
am 1983 No 61; 1986 No 82; 1990 No 5
sub 1993 No 94
renum 1993 No 94 s 44
Power of board on inquiry about conduct of employee
s 59(prev s 36A) ins 1993 No 94
renum 1993 No 94 s 44
Dismissal of complaint
s 60(prev s 36B) ins 1993 No 94
renum 1993 No 94 s 44
Costs
s 61(prev s 36C) ins 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76
Professional conduct board may report to court
s 62(prev s 37) sub 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Protection of member of professional conduct board
s 63(prev s 38) sub 1972 No 4
am 1986 No 82; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Fees and allowances to witnesses
s 64(prev s 39) sub 1972 No 4
am 1990 No 5; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Professional conduct board may inspect books etc
s 65(prev s 40) sub 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
Publication of board’s proceedings
s 66(prev s 40A) ins 1979 No 20
sub 1986 No 82
am 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76; 1994 No 81 sch; 1997 No 95
Proceedings before Supreme Court
div 8.6 hdg(prev pt 5 div 3 hdg) renum 1993 No 94 s 44
(prev pt 8 div 6 hdg) renum R7 LA
Disciplinary powers of court
s 67(prev s 41) sub 1972 No 4
am 1983 No 61; 1986 No 82
sub 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76; 1994 No 81 sch; 1997 No 95
Costs
s 68(prev s 41A) ins 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Appeal against decision of professional conduct board
s 69orig s 69 om 1972 No 4
(prev s 42) sub 1972 No 4
am 1986 No 82; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Admission of evidence before board
s 70(prev s 42A) ins 1972 No 4
sub 1986 No 82
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Suspension from practice
s 71(prev s 42B) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Removal from roll of legal practitioners
s 72(prev s 42C) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Other jurisdiction and power of court not affected
s 73(prev s 42D) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
General
div 8.7 hdg(prev pt 5 div 4 hdg) renum 1993 No 94 s 44
(prev pt 8 div 6 hdg) renum R7 LA
Failure to comply with, or contravention of, certain laws etc
s 74(prev s 42E) ins 1972 No 4
am 1986 No 82
sub 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Professional indemnity insurance
pt 9 hdg(prev pt 6 hdg) om 1972 No 4
ins 1980 No 16
renum 1993 No 94 s 44
Definitions for pt 9
s 75(prev s 42F) ins 1980 No 16 s 6
renum 1993 No 94 s 44
def insurer ins 1980 No 16 s 6
def insurance business ins 1980 No 16 s 6
def solicitor ins 1980 No 16 s 6
am 1993 No 94 sch
Application of s 76 and s 77
s 75Ains 1996 No 43
om 1997 No 95
Approval of indemnity insurance
s 76(prev s 42G) ins 1980 No 16 s 6
renum 1993 No 94 s 44
sub 1997 No 95
Indemnity insurance taken to be approved
s 77(prev s 42H) ins 1980 No 16 s 6
am 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Maintenance of indemnity insurance
s 78(prev s 42J) ins 1980 No 16 s 6
renum 1993 No 94 s 44
sub 1997 No 95
Agreements and arrangements relating to provision of insurance
s 79(prev s 42L) ins 1980 No 16 s 6
am 1990 No 5; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95; 2001 No 56 amdt 3.443
Furnishing of information
s 80(prev s 42M) ins 1980 No 16 s 6
am 1990 No 5; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch; 1997 No 95; 1998 No 54 sch
Appeals to Supreme Court
s 81(prev s 42N) ins 1980 No 16 s 6
renum 1993 No 94 s 44
am 1994 No 76
om 1997 No 95
Indemnity funds
pt 10 hdg(prev pt 6A hdg) ins 1987 No 21 s 6
renum 1993 No 94 s 44
om 1997 No 95
ins 1997 No 95
Meaning of indemnity fund
s 82(prev s 42O) ins 1987 No 21
am 1991 No 92
renum 1993 No 94 s 44
sub 1997 No 95
Approval of funds
s 83(prev s 42P) ins 1987 No 21
am 1991 No 92
renum 1993 No 94 s 44
am 1996 No 43
sub 1997 No 95
Failure to pay levy
s 84(prev s 42Q) ins 1987 No 21
am 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
om 1997 No 95
Appeals to Supreme Court
s 85(prev s 42R) ins 1987 No 21
renum 1993 No 94 s 44
om 1997 No 95
Trust moneys and controlled moneys
pt 11 hdg(prev pt 7 hdg) renum 1993 No 94 s 44
am 1996 No 2
Preliminary
div 11.1 hdg(prev pt 7 div 1 hdg) renum 1993 No 94 s 44
(prev pt 11 div 1 hdg) renum R7 LA
Definitions for pt 11
s 86(prev s 44) renum 1993 No 94 s 44
def banking day ins 1997 No 95 s 13
def solicitor am 1993 No 94 sch
def trust bank account sub 1997 No 88 sch
def year am 1993 No 94 sch
Moneys received by solicitor
s 87(prev s 45) sub 1972 No 4
renum 1993 No 94 s 44
(prev s 88) reloc and renum 1994 No 76
am 1996 No 2
Controlled moneys
s 87Ains 1994 No 76
om 1996 No 2
Joint and several responsibility of partners
s 88(prev s 45A) ins 1986 No 82
am 1993 No 94
renum 1993 No 94 s 44
(prev s 89) reloc and renum 1994 No 76
pt 11 div 2 hdg (prev pt 7 div 1 hdg) renum 1993 No 94 s 44
om 1994 No 76
Application pf pt 11
s 89(prev s 46) am 1972 No 4; 1993 No 94
renum 1993 No 94 s 44
(prev s 87) reloc and renum 1994 No 76
Trust bank accounts
div 11.3 hdg(prev pt 7 div 3 hdg) renum 1993 No 94 s 44
(prev pt 11 div 3 hdg) renum R7 LA
Trust accounts
s 90(prev s 47) am 1979 No 20; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95; par renum R7 LA
Payment into trust bank account
s 91orig s 91 om 1972 No 4
(prev s 48) sub 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
sub A2003-2 s 60
Special trust accounts
s 92(prev s 49) am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Instructions about certain trust moneys
s 93(prev s 50) am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Payments from trust bank accounts
s 94(prev s 51) am 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76; A2003-2 s 61
Notification to law society of details of trust accounts
s 95(prev s 52) am 1972 No 4; 1986 No 82; 1990 No 11
renum 1993 No 94 s 44
Protection of trust moneys
s 96(prev s 53) renum 1993 No 94 s 44
Provision applying to financial institutions
s 97(prev s 54) renum 1993 No 94 s 44
am 1997 No 88 sch
Solicitors’ records
div 11.4 hdg(prev pt 7 div 4 hdg) renum 1993 No 94 s 44
(prev pt 11 div 4 hdg) renum R7 LA
Accounting records
s 98(prev s 55) am 1972 No 4; 1979 No 20; 1993 No 94
renum 1993 No 94 s 44
Receipts for trust moneys
s 99(prev s 56) am 1983 No 61; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 88 sch
sub 1997 No 95
Records of controlled moneys
s 99Ains 1996 No 2
Monthly statements relating to trust moneys
s 99Bins 1997 No 95
Statements relating to trust moneys and controlled moneys at end of each quarter
s 100(prev s 57) am 1990 No 11
renum 1993 No 94 s 44
am 1996 No 2
Audit
div 11.5 hdg(prev pt 7 div 5 hdg) renum 1993 No 94 s 44
(prev pt 11 div 5 hdg) renum R7 LA
Audit of trust accounts and controlled moneys
s 101(prev s 58) am 1972 No 4
sub 1979 No 20
am 1983 No 61; 1986 No 82; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch; 1996 No 2
Auditors’ qualifications
s 102(prev s 59) am 1979 No 20; 1982 No 38; 1990 No 11; 1991 No 92
renum 1993 No 94 s 44
par renum R7 LA
am A2003-14 amdt 1.72, amdt 1.73
Document etc for auditor
s 103(prev s 60) am 1993 No 94
renum 1993 No 94 s 44
am 1996 No 2; 1997 No 88 sch; 1998 No 54 sch
Auditors’ reports
s 104(prev s 61) am 1972 No 4; 1983 No 61; 1986 No 82; 1990 No 11; 1991 No 92
renum 1993 No 94 s 44
am 1996 No 2
Interim auditors’ reports
s 105(prev s 62) am 1972 No 4; 1990 No 11; 1991 No 92
renum 1993 No 94 s 44
am 1994 No 81 sch; 1996 No 2
Late report by auditor
s 106(prev s 63) am 1972 No 4; 1978 No 46; 1979 No 20; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76; 1996 No 2
Statutory declaration relating to trust moneys and controlled moneys
s 107(prev s 64) am 1972 No 4; 1993 No 94
renum 1993 No 94 s 44
am 1996 No 2
Secrecy
s 108(prev s 65) sub 1972 No 4; 1979 No 20
am 1990 No 5; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch; 1997 No 95
Legal protection for auditor
s 109(prev s 65A) ins 1993 No 94
renum 1993 No 94 s 44
Examination of solicitors’ records
div 11.6 hdg(prev pt 7 div 6 hdg) renum 1993 No 94 s 44
(prev pt 11 div 6 hdg) renum R7 LA
Appointment of examiner
s 110(prev s 66) am 1972 No 4; 1979 No 20; 1982 No 38; 1983 No 61; 1986 No 82; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1996 No 2
Production of books etc
s 111(prev s 67) am 1972 No 4; 1979 No 20; 1983 No 61; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch; 1997 No 88 sch
Secrecy
s 112(prev s 68) sub 1972 No 4; 1979 No 20
am 1990 No 5; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch; 1997 No 95
Investigation of affairs of solicitors
div 11.7 hdg(prev pt 7 div 6A hdg) ins 1993 No 94 s 31
renum 1993 No 94 s 44
(prev pt 11 div 7 hdg) renum R7 LA
Definitions for div 11.7
s 113(prev s 69) ins 1993 No 94 s 31
renum 1993 No 94 s 44
am A2003-14 amdt 1.74, amdt 1.75
def accountant ins 1993 No 94 s 31
def affairs ins 1993 No 94 s 31
def associate ins 1993 No 94 s 31
def record ins 1993 No 94 s 31
def solicitor ins 1993 No 94 s 31
Appointment of investigator
s 114(prev s 69A) ins 1993 No 94 s 31
renum 1993 No 94 s 44
Investigator’s assistant
s 115(prev s 69B) ins 1993 No 94 s 31
renum 1993 No 94 s 44
Obligation to comply with investigator’s requirements
s 116(prev s 69C) ins 1993 No 94 s 31
renum 1993 No 94 s 44
am 1998 No 54 sch
Obstruction etc of investigator
s 117(prev s 69D) ins 1993 No 94 s 31
renum 1993 No 94 s 44
am 1998 No 54 sch
Professional misconduct
s 118(prev s 69E) ins 1993 No 94 s 31
renum 1993 No 94 s 44
Report of investigation
s 119(prev s 69F) ins 1993 No 94 s 31
renum 1993 No 94 s 44
Costs of investigation
s 120(prev s 69G) ins 1993 No 94 s 31
renum 1993 No 94 s 44
Secrecy
s 121(prev s 69H) ins 1993 No 94 s 31
renum 1993 No 94 s 44
am 1998 No 54 sch
Deposits with law society
div 11.8 hdg(prev pt 7 div 7 hdg) sub 1972 No 4
renum 1993 No 94 s 44
(prev pt 11 div 8 hdg) renum R7 LA
Interpretation for div 11.8
s 122(prev s 70) am 1971 No 9; 1972 No 4; 1986 No 82; 1993 No 94
renum 1993 No 94 s 44
Solicitor to deposit portion of trust moneys with law society
s 123(prev s 71) am 1971 No 9; 1972 No 4; 1979 No 20; 1983 No 61; 1993 No 94
renum 1993 No 94 s 44
Repayment of deposits
s 124(prev s 72) am 1972 No 4; 1978 No 46; 1986 No 82; 1993 No 94
renum 1993 No 94 s 44
Obligation to deposit subject to availability of trust funds
s 125(prev s 73) am 1993 No 94
renum 1993 No 94 s 44
Variation of notional amount by law society
s 126orig s 126 om 1991 No 92
(prev s 74) sub 1972 No 4; 1991 No 92
am 1993 No 94
renum 1993 No 94 s 44
Statutory deposits trust account
s 127(prev s 74AA) ins 1990 No 11
renum 1993 No 94 s 44
am 1997 No 88 sch
Statutory interest account
s 128(prev s 74A) ins 1972 No 4
am 1979 No 20; 1982 No 38; 1983 No 61; 1983 No 62; 1986 No 82; 1987 No 21; 1990 No 3; 1990 No 5; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 88 sch; 1997 No 95; 2001 No 56 amdt 3.443; 2002 No 27 s 23
Arrangement relating to trust bank account
s 129(prev s 74B) ins 1983 No 62
am 1991 No 92
renum 1993 No 94 s 44
am 1997 No 88 sch
Audit of deposits etc
s 130 (prev s 74C) ins 1983 No 62
renum 1993 No 94 s 44
Fidelity fund
pt 12 hdgorig pt 12 hdg om 1991 No 92
(prev pt 8 hdg) om 1972 No 4
ins 1972 No 4
renum 1993 No 94 s 44
General
div 12.1 hdg(prev pt 8 div 1 hdg) renum 1993 No 94 s 44
(prev pt 12 div 1 hdg) renum R7 LA
Meaning of solicitor in pt 12
s 131orig s 131 om 1993 No 94
(prev s 75) sub 1972 No 4
am 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
Fidelity fund
s 132orig s 132 om 1972 No 4
(prev s 76) sub 1972 No 4
am 1991 No 92 (as am 1993 No 1)
renum 1993 No 94 s 44
am 1997 No 88 sch
Investment of fund
s 133(prev s 77) sub 1978 No 4
am 1990 No 5; 1993 No 94
renum 1993 No 94 s 44
am 2001 No 56 amdt 3.443
Audit
s 134(prev s 78) sub 1972 No 4
am 1982 No 38; 1991 No 92
renum 1993 No 94 s 44
Contributions to fund
s 135(prev s 79) sub 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
Claims against fidelity fund
div 12.2 hdg(prev pt 8 div 2 hdg) renum 1993 No 94 s 44
(prev pt 12 div 2 hdg) renum R7 LA
Definitions for div 12.2
s 136(prev s 79A) ins 1990 No 3 s 4
am 1991 No 92 s 32; 1993 No 94 sch
renum 1993 No 94 s 44
def failure to account ins 1990 No 3 s 4
sub 1991 No 92 s 32
def pecuniary loss ins 1990 No 3 s 4
am 1993 No 91 sch 3; 1994 No 76 s 16; 1997 No 95 sch, A2004-60 amdt 1.172
Persons who may apply for compensation
s 137(prev s 80) sub 1972 No 4
am 1990 No 3
renum 1993 No 94 s 44
Calls for claims
s 138(prev s 81) sub 1972 No 4
am 1990 No 3; 1993 No 94
renum 1993 No 94 s 44
Time for making applications
s 139(prev s 82) sub 1972 No 4
am 1990 No 3; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
Manner of making claims
s 140(prev s 83) sub 1972 No 4
am 1990 No 3; 1993 No 94
renum 1993 No 94 s 44
Determination of applications
s 141(prev s 84) sub 1972 No 4
am 1990 No 3; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76
Review of law society’s determination
s 142(prev s 85) sub 1972 No 4
am 1990 No 3; 1993 No 94
renum 1993 No 94 s 44
om 1994 No 76
Payment of compensation
s 143(prev s 86) sub 1972 No 4
am 1983 No 61; 1990 No 3; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76
Subrogation
s 144(prev s 87) sub 1972 No 4
am 1990 No 3
renum 1993 No 94 s 44
Solicitors’ claims
s 145(prev s 88) sub 1972 No 4
am 1990 No 3; 1993 No 94
renum 1993 No 94 s 44
Interim payments of compensation
s 146(prev s 89) sub 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
Review by tribunal
s 146Ains 1994 No 76
om 1997 No 95
Notification of decisions
s 146Bins 1994 No 76
om 1997 No 95
Levies
div 12.3 hdg(prev pt 8 div 3 hdg) renum 1993 No 94 s 44
(prev pt 12 div 3 hdg) renum R7 LA
Levies to supplement fund
s 147(prev s 90) sub 1972 No 4
am 1983 No 61; 1993 No 94
renum 1993 No 94 s 44
Mortgage practices and managed investment schemes
pt 12A hdgins 2002 No 27 s 24
Preliminary
div 12A.1 hdg ins 2002 No 27 s 24
Definitions for pt 12A
s 147Ains 2002 No 27 s 24
Mortgage practices
div 12A.2 hdg ins 2002 No 27 s 24
Conduct of mortgage practices
s 147Bins 2002 No 27 s 24
Nomination of practice as Territory regulated mortgage practice
s 147Cins 2002 No 27 s 24
Law society to be notified of Territory regulated mortgages
s 147Dins 2002 No 27 s 24
Solicitor to have fidelity cover for regulated mortgages
s 147Eins 2002 No 27 s 24
Bar on claims against fidelity fund relating to regulated mortgages
s 147Fins 2002 No 27 s 24
Notification of insurance arrangements for regulated mortgages
s 147Gins 2002 No 27 s 24
Failure to obtain fidelity insurance for regulated mortgage
s 147Hins 2002 No 27 s 24
Managed investment schemes
div 12A.3 hdg ins 2002 No 27 s 24
Involvement of solicitors in managed investment schemes
s 147Iins 2002 No 27 s 24
Claims against fidelity fund relating to managed investment schemes connected with solicitors
s 147Jins 2002 No 27 s 24
Transfer of mortgages to responsible entity
s 147Kins 2002 No 27 s 24
Miscellaneous
div 12A.4 hdg ins 2002 No 27 s 24
Law society may require information about mortgage practices
s 147Lins 2002 No 27 s 24
Indemnity insurance
s 147Mins 2002 No 27 s 24
Approved forms
s 147Nins 2002 No 27 s 24
Regulations and rules relating to pt 12A
s 147Oins 2002 No 27 s 24
Transitional arrangements—pre-existing mortgages
div 12A.5 hdg ins 2002 No 27 s 24
exp 10 September 2005 (s 147V (1))
Meaning of commencement date
s 147Pins 2002 No 27 s 24
exp 10 September 2005 (s 147V (1))
Part extends to pre-existing mortgages
s 147Qins 2002 No 27 s 24
exp 10 September 2005 (s 147V (1))
Requirement to obtain fidelity insurance for pre-existing mortgages
s 147Rins 2002 No 27 s 24
exp 10 September 2005 (s 147V (1))
No further action to be taken in relation to run-out mortgages
s 147Sins 2002 No 27 s 24
exp 10 September 2005 (s 147V (1))
Substitution of lender or contributor under run-out mortgage
s 147Tins 2002 No 27 s 24
exp 10 September 2005 (s 147V (1))
No claims against fidelity fund by substitute lenders
s 147Uins 2002 No 27 s 24
exp 10 September 2005 (s 147V (1))
Expiry of div 12A.5
s 147Vins 2002 No 27 s 24
exp 10 September 2005 (s 147V (1))
Appointment of receivers
pt 13 hdg(prev pt 9 hdg) renum 1993 No 94 s 44
Interpretation for pt 13
s 148(prev s 92) am 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76; 1996 No 2
Appointment of receiver
s 149(prev s 93) am 1972 No 4; 1979 No 20; 1990 No 3; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Receiver’s powers
s 150(prev s 94) am 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch
Notice to financial institution
s 151(prev s 95) am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 88 sch
Examination of solicitor and other persons about trust moneys and trust property
s 152(prev s 96) am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Power of court to order delivery of trust property to receiver
s 153(prev s 97) am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Power of receiver to take delivery of property receivable by solicitor after appointment of receiver
s 154(prev s 98) am 1993 No 94
renum 1993 No 94 s 44
Right of solicitor, partnership or person to apply to court for order in relation to property
s 155(prev s 99) am 1993 No 94
renum 1993 No 94 s 44
Liens for costs on property held by receiver
s 156(prev s 100) am 1993 No 94
renum 1993 No 94 s 44
Receiver to report to court
s 157(prev s 101) am 1972 No 4; 1993 No 94
renum 1993 No 94 s 44
Power of court to give directions
s 158(prev s 102) am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Unclaimed moneys
s 159(prev s 103) sub 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Termination of receivership
s 160(prev s 104) am 1978 No 46; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Remuneration of receiver
s 161(prev s 105) sub 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Payments by receiver deemed to be made by solicitor
s 162(prev s 106) am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Concealing etc documents
s 163 (prev s 107) am 1991 No 92
sub 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch
Reimbursement of receiver
s 164(prev s 108) sub 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
Reimbursement of law society
s 165(prev s 108A) ins 1986 No 82
renum 1993 No 94 s 44
Managers
pt 14 hdg(prev pt 9A hdg) ins 1993 No 94
renum 1993 No 94 s 44
Definitions for pt 14
s 166(prev s 108B) ins 1993 No 94 s 38
renum 1993 No 94 s 44
def manager ins 1993 No 94 s 38
def solicitor ins 1993 No 94 s 38
am 1994 No 76 s 22
Appointment of manager
s 167(prev s 108C) ins 1993 No 94 s 38
renum 1993 No 94 s 44
Management under receivership
s 168(prev s 108D) ins 1993 No 94 s 38
renum 1993 No 94 s 44
Solicitor as employee
s 169(prev s 108E) ins 1993 No 94 s 38
renum 1993 No 94 s 44
Powers of manager
s 170(prev s 108F) ins 1993 No 94 s 38
renum 1993 No 94 s 44
Act of manager is act of solicitor
s 171(prev s 108G) ins 1993 No 94 s 38
renum 1993 No 94 s 44
Reimbursement for damages
s 172(prev s 108H) ins 1993 No 94 s 38
renum 1993 No 94 s 44
Expenses of management
s 173(prev s 108I) ins 1993 No 94 s 38
renum 1993 No 94 s 44
Reports
s 174(prev s 108J) ins 1993 No 94 s 38
renum 1993 No 94 s 44
Application of Act to managers
s 175(prev s 108K) ins 1993 No 94 s 38
renum 1993 No 94 s 44
Termination of managership—reversion of moneys
s 176(prev s 108L) ins 1993 No 94 s 38
renum 1993 No 94 s 44
am 1994 No 76
Costs
pt 15 hdg(prev pt 10 hdg) renum 1993 No 94 s 44
Definitions for pt 15
s 177(prev s 109) sub 1986 No 82 s 37
renum 1993 No 94 s 44
def client ins 1986 No 82 s 37
def itemised statement ins 1994 No 76 s 24
def solicitor ins 1986 No 82 s 37
No action by solicitor for costs until detailed statement delivered
s 178(prev s 110) am 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76; 1997 No 95
Right to request statement
s 179(prev s 110A) ins 1986 No 82
am 1991 No 37; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76; ss renum R7 LA
Notice for taxation
s 180(prev s 111) am 1986 No 82; 1991 No 37; 1993 No 94
renum 1993 No 94 s 44
Form of notice etc
s 181(prev s 112) am 1993 No 94
renum 1993 No 94 s 44
Taxation in absence of party
s 182(prev s 113) am 1993 No 94
renum 1993 No 94 s 44
Matters to be considered on taxation
s 183(prev s 114) am 1993 No 94
renum 1993 No 94 s 44
Costs of taxation
s 184(prev s 115) am 1993 No 94
renum 1993 No 94 s 44
Certificate of taxation
s 185(prev s 116) am 1993 No 94
renum 1993 No 94 s 44
Review of taxation
s 186(prev s 117) am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Stay of proceedings
s 187(prev s 118) am 1986 No 82; 1993 No 94
renum 1993 No 94 s 44
Amount due by legal practitioner recoverable as debt
s 188(prev s 119) am 1993 No 94
renum 1993 No 94 s 44
Costs payable by mortgagor or lessee
s 189(prev s 119A) ins 1986 No 82
renum 1993 No 94 s 44
Agreement as to costs
s 190(prev s 120) am 1986 No 82; 1993 No 94
renum 1993 No 94 s 44
Powers of court where contract not fair and reasonable
s 191(prev s 121) am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95; 2002 No 27 s 24
Interstate legal practitioners
pt 15A hdgins 1997 No 26 s 8
Preliminary
div 15A.1 hdg ins 1997 No 26 s 8
(prev pt 15A div 1 hdg) renum R7 LA
Definitions for pt 15A
s 191Ains 1997 No 26 s 8
def corresponding law ins 1997 No 26 s 8
def home State ins 1997 No 26 s 8
def interstate legal practitioner ins 1997 No 26 s 8
def legal practitioner ins 1997 No 26 s 8
def local legal practitioner ins 1997 No 26 s 8
am 1997 No 95 sch
def participating State ins 1997 No 26 s 8
def practice rules ins 1997 No 26 s 8
def practising certificate ins 1997 No 26 s 8
def regulatory authority ins 1997 No 26 s 8
def State ins 1997 No 26 s 8
When does interstate legal practitioner establish office
s 191Bins 1997 No 26 s 8
Legal practice by interstate legal practitioners
div 15A.2 hdg ins 1997 No 26 s 8
(prev pt 15A div 2 hdg) renum R7 LA
Status of interstate legal practitioners
s 191Cins 1997 No 26 s 8
am 1997 No 95 sch
Interstate legal practitioner may practise in this jurisdiction
s 191Dins 1997 No 26 s 8
am 2001 No 44 amdt 1.2620, amdt 1.2621; 2002 No 27 s 25
Notification of establishment of office required
s 191Eins 1997 No 26 s 8
Professional indemnity insurance required if office established
s 191Fins 1997 No 26 s 8
am 1997 No 95 sch
Fidelity fund contributions
s 191Gins 1997 No 26 s 8
Disputes, complaints and inquiries
div 15A.3 hdg ins 1997 No 26 s 8
(prev pt 15A div 3 hdg) renum R7 LA
Interstate legal practitioners
s 191Hins 1997 No 26 s 8
Local legal practitioners
s 191Iins 1997 No 26 s 8
Referral of disputes and disciplinary matters to regulatory authorities in participating States
s 191Jins 1997 No 26 s 8
Dealing with matters referred by regulatory authorities in participating States
s 191Kins 1997 No 26 s 8
Furnishing information
s 191Lins 1997 No 26 s 8
Miscellaneous
div 15A.4 hdg ins 1997 No 26 s 8
(prev pt 15A div 4 hdg) renum R7 LA
Local practitioners are subject to interstate regulatory authorities
s 191Mins 1997 No 26 s 8
am 1997 No 95 sch
Local legal practitioner receiving trust money interstate
s 191Nins 1997 No 26 s 8
Regulatory authority may exercise powers conferred by corresponding law
s 191Oins 1997 No 26 s 8
Fidelity fund claims
s 191Pins 1997 No 26 s 8
Foreign legal practitioners
pt 15B hdgins 1997 No 89 s 4
Preliminary
div 15B.1 hdg ins 1997 No 89 s 4
(prev pt 15B div 1 hdg) renum R7 LA
Definitions for pt 15B
s 191Qins 1997 No 89 s 4
def commercial legal presence ins 1997 No 89 s 4
def domestic legal practitioner ins 1997 No 89 s 4
def foreign law ins 1997 No 89 s 4
def foreign legal practitioner ins 1997 No 89 s 4
def foreign registration authority ins 1997 No 89 s 4
def home registration authority ins 1997 No 89 s 4
def law firm ins 1997 No 89 s 4
def locally registered foreign legal practitioner ins 1997 No 89 s 4
def practise foreign law ins 1997 No 89 s 4
def registered ins 1997 No 89 s 4
Application of pt 15B
s 191Rins 1997 No 89 s 4
Local registration of foreign legal practitioners
div 15B.2 hdg ins 1997 No 89 s 4
(prev pt 15B div 2 hdg) renum R7 LA
Registration requirement
s 191Sins 1997 No 89 s 4
Registration notice
s 191Tins 1997 No 89 s 4
Fee for registration
s 191Uins 1997 No 89 s 4
Entitlement to registration
s 191Vins 1997 No 89 s 4
Conditions
s 191Wins 1997 No 89 s 4
Notification of decision
s 191Xins 1997 No 89 s 4
Duration of registration and annual fee
s 191Yins 1997 No 89 s 4
Register
s 191Zins 1997 No 89 s 4
Cancellation of registration
s 191ZAins 1997 No 89 s 4
Appeals
s 191ZBins 1997 No 89 s 4
Legal practice
div 15B.3 hdg ins 1997 No 89 s 4
(prev pt 15B div 3 hdg) renum R7 LA
Scope of practice
s 191ZCins 1997 No 89 s 4
Form of practice
s 191ZDins 1997 No 89 s 4
Professional conduct
s 191ZEins 1997 No 89 s 4
Discipline
s 191ZFins 1997 No 89 s 4
Letterhead and other identifying documents
s 191ZGins 1997 No 89 s 4
Designation
s 191ZHins 1997 No 89 s 4
Advertising
s 191ZIins 1997 No 89 s 4
Employment
s 191ZJins 1997 No 89 s 4
Indemnity insurance
s 191ZKins 1997 No 89 s 4
Trust accounts, controlled moneys and fidelity fund contributions
s 191ZLins 1997 No 89 s 4
Application of provisions to locally registered foreign legal practitioners
s 191ZMins 1997 No 89 s 4
Miscellaneous
div 15B.4 hdg ins 1997 No 89 s 4
(prev pt 15B div 4 hdg) renum R7 LA
Membership of professional association
s 191ZNins 1997 No 89 s 4
Offences by unqualified persons
pt 16 hdg(prev pt 11) renum 1993 No 94 s 44
Holding out as qualified
s 192(prev s 122) am 1986 No 82; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch; 1997 No 95
Preparation of documents for reward
s 193(prev s 123) am 1986 No 82; 1989 No 36; 1990 No 5; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch; 1997 No 95; A2003-40 amdt 1.3; pars renum R13 LA (see A2003-40 amdt 1.4); A2005-43 amdt 1.14
Preparation of probate etc papers for reward
s 194(prev s 124) am 1985 No 9; 1986 No 82; 1989 No 36; 1989 No 38; 1990 No 5; 1991 No 60; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 76; 1994 No 81 sch; 1997 No 95; A2005-43 amdt 1.15
Criminal liability of executive officers
s 195(prev s 125) am 1986 No 82; 1991 No 92; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 81 sch
sub A2004-15 amdt 1.32
Miscellaneous
pt 17 hdg(prev pt 12 hdg) renum 1993 No 94 s 44
Solicitors not to share receipts with persons not practising as solicitors
s 196(prev s 127) am 1972 No 4; 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Employment of persons who have ceased to be legal practitioners
s 197 (prev s 128) am 1972 No 4; 1993 No 94
renum 1993 No 94 s 44
sub 1997 No 95
Permission for employment of certain persons
s 198(prev s 129) om 1972 No 4
ins 1986 No 82
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Review by tribunal
s 198Ains 1997 No 95
Notification of decisions
s 198Bins 1997 No 95
pars renum R7 LA
Immunity from suit
s 199(prev s 129A) ins 1986 No 82
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Unclaimed moneys
s 200(prev s 130) am 1986 No 82; 1990 No 5; 1993 No 94
renum 1993 No 94 s 44
am 1994 No 38 sch 1 pt 52; 1994 No 76; 1996 No 2; 1996 No 26 sch pt 15; 1997 No 95; A2003-47 s 29
Fines to be paid into fidelity fund
s 201(prev s 130A) ins 1972 No 4
am 1993 No 94
renum 1993 No 94 s 44
am 1997 No 95
Regulation-making power
s 202(prev s 133) am 1990 No 5
renum 1993 No 94 s 44
sub 2001 No 44 amdt 1.2622
Schedule 1
sch 1 hdg(prev sch) sub 1997 No 95
sch 1(prev sch) am 1997 No 95
renum R7 LA
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Act 1991 No 60 31 October 1991 2 Act 1993 No 94 31 December 1993 3 Act 1996 No 2 12 March 1996 4 Act 1996 No 43 30 November 1996 5 Act 1997 No 95 1 June 1998 6 Act 1999 No 66 14 November 2000 7 Act 2001 No 56 8 February 2002 8 Act 2002 No 27 10 September 2002 8 (RI) Act 2002 No 27 ‡ 11 February 2003 9 A2003-14 28 March 2003 10 A2003-14 31 March 2003 11 A2003-47 1 November 2003 12 A2004-15 9 April 2004 13 A2004-15 1 July 2004 14 A2004-60 10 January 2005 15 A2005-43 11 September 2005 16* A2005-43 1 October 2005 ‡ includes retrospective amendments by Act 2002 No 49
Renumbered provisions
as made by 1993 No 94 s 44
| previous number | provision heading | renumbered or inserted as |
| 5 | Definitions for Act | 3 |
| part 1A | Law society | part 2 |
| 6 | Incorporation of law society | 4 |
| part 1B | Her Majesty’s counsel | part 3 |
| 6A | Existing appointments | 5 |
| 6B | Abrogation of royal prerogative | 6 |
| part 1C | Precedence of barristers and solicitors | part 4 |
| part 2 | Admission board | part 5 |
| 9A | Legal protection for members | 10 |
| part 3 | Admission or enrolment of legal practitioners | part 6 |
| 10 | Application for admission or enrolment | 11 |
| 10A | Enrolment of persons entitled to registration under Mutual Recognition Act | 12 |
| 11 | Copies of applications to admission board and law society | 13 |
| 12 | Report by admission board—other cases | 14 |
| 12A | Response to applications by law society | 15 |
| 13 | Enrolment of New Zealand practitioners—action by registrar and law society | 16 |
| 14 | Oath or affirmation | 17 |
| 14A | Rules of court about enrolment | 18 |
| 15 | Signing roll | 19 |
| 15A | Right to practise | 20 |
| part 3A | Solicitors’ practising certificates | part 7 |
| pt 3A div 1 | Preliminary | pt 7 div 1 |
| 15B | Meaning of public employment | 21 |
| pt 3A div 2 | Requirement | pt 7 div 2 |
| 15C | Practising certificates required | 22 |
| pt 3A div 3 | Application | pt 7 div 3 |
| 15D | Restrictions on persons who may apply | 23 |
| 15E | Applications for practising certificates | 24 |
| pt 3A div 4 | Issue | pt 7 div 4 |
| 15F | Issuing authority | 25 |
| 15G | Issue of certificates—generally | 26 |
| 15GA | Issue of unrestricted practising certificates | 27 |
| 15GB | Issue of restricted practising certificates | 28 |
| 15J | Issue of practising certificates to practitioners enrolled under Mutual Recognition Act or Trans-Tasman Mutual Recognition Act | 29 |
| 15K | Notice of refusal to issue practising certificates | 30 |
| 15L | Powers of court relating to issue of practising certificates | 31 |
| 15M | Application to court by person not qualified under s 27 (1) | 32 |
| 15N | Issue of certificates conditionally or unconditionally | 33 |
| 15NA | Powers of court relating to conditions on practising certificates | 34 |
| pt 3A div 5 | Surrender | pt 7 div 5 |
| 15P | Surrender of practising certificates | 35 |
| pt 3A div 6 | Suspension and cancellation | pt 7 div 6 |
| 15Q | Suspension | 36 |
| pt 3A div 7 | Miscellaneous | pt 7div 7 |
| part 5 | Discipline | part 8 |
| pt 5 div 1A | Preliminary | pt 8 div 1 |
| 24 | Definitions for pt 8 | 37 |
| pt 5 div 1 | Professional conduct board | pt 8 div 2 |
| 25 | Establishment and membership | 38 |
| 25A | Payment of remuneration and allowances | 39 |
| 26 | Secretary to professional conduct board | 40 |
| 27 | Removal of member of professional conduct board | 41 |
| 28 | Meetings | 42 |
| pt 5 div 1AA | Conciliation | pt 8 div 3 |
| 28A | Convening of conference | 43 |
| 28B | Presence at conference | 44 |
| 28C | Confidentiality | 45 |
| 28D | Resolution by agreement | 46 |
| 28E | Failure to reach agreement | 47 |
| 28F | Failure to attend conference | 48 |
| 28G | Agreement no bar | 49 |
| pt 5 div 1AB | Complaints | pt 8 div 4 |
| 29 | Complaints | 50 |
| pt 5 div 2 | Inquiries | pt 8 div 5 |
| 30 | Inquiries | 51 |
| 31 | Professional conduct board to fix date and notify persons concerned | 52 |
| 31A | Procedure | 53 |
| 32 | Summons to witness | 54 |
| 33 | Power to examine on oath etc | 55 |
| 34 | Record of proceedings at inquiry | 56 |
| 35 | Witnesses at inquiries | 57 |
| 36 | Disciplinary powers of board | 58 |
| 36A | Power of board on inquiry about conduct of employee | 59 |
| 36B | Dismissal of complaint | 60 |
| 36C | Costs | 61 |
| 37 | Professional conduct board may report to court | 62 |
| 38 | Protection of member of professional conduct board | 63 |
| 39 | Fees and allowances to witnesses | 64 |
| 40 | Professional conduct board may inspect books etc | 65 |
| 40A | Publication of board’s proceedings | 66 |
| pt 5 div 3 | Proceedings before Supreme Court | pt 8 div 6 |
| 41 | Disciplinary powers of court | 67 |
| 41A | Costs | 68 |
| 42 | Appeal against decision of professional conduct board | 69 |
| 42A | Admission of evidence before board | 70 |
| 42B | Suspension from practice | 71 |
| 42C | Removal from roll of legal practitioners | 72 |
| 42D | Other jurisdiction and power of court not affected | 73 |
| pt 5 div 4 | General | pt 8 div 7 |
| 42E | Failure to comply with, or contravention of, certain laws etc | 74 |
| part 6 | Professional indemnity insurance | part 9 |
| 42F | Definitions for pt 9 | 75 |
| 42G | Approval of indemnity insurance | 76 |
| 42H | Indemnity insurance taken to be approved | 77 |
| 42J | Maintenance of indemnity insurance | 78 |
| 42L | Agreements and arrangements relating to provision of insurance | 79 |
| 42M | Furnishing of information | 80 |
| 42N | Appeals to Supreme Court | 81 |
| part 6A | Indemnity funds | part 10 |
| 42O | Meaning of indemnity fund | 82 |
| 42P | Approval of funds | 83 |
| 42Q | Failure to pay levy | 84 |
| 42R | Appeals to Supreme Court | 85 |
| part 7 | Trust moneys and controlled moneys | part 11 |
| pt 7 div 1 | Preliminary | pt 11 div 1 |
| 44 | Definitions for pt 11 | 86 |
| 45 | Moneys received by solicitor | 87 |
| 45A | Joint and several responsibility of partners | 88 |
| 46 | Application of pt 11 | 89 |
| pt 7 div 3 | Trust bank accounts | pt 11 div 3 |
| 47 | Trust accounts | 90 |
| 48 | Payment into trust bank account | 91 |
| 49 | Special trust accounts | 92 |
| 50 | Instructions about certain trust moneys | 93 |
| 51 | Payments from trust bank accounts | 94 |
| 52 | Notification to law society of details of trust accounts | 95 |
| 53 | Protection of trust moneys | 96 |
| 54 | Provision applying to financial institutions | 97 |
| pt 7 div 4 | Solicitors’ records | pt 11 div 4 |
| 55 | Accounting records | 98 |
| 56 | Receipts for trust moneys | 99 |
| 57 | Statements relating to trust moneys and controlled moneys at end of each quarter | 100 |
| pt 7 div 5 | Audit | pt 11 div 5 |
| 58 | Audit of trust accounts and controlled moneys | 101 |
| 59 | Auditors’ qualifications | 102 |
| 60 | Document etc for auditor | 103 |
| 61 | Auditors’ reports | 104 |
| 62 | Interim auditors’ reports | 105 |
| 63 | Late report by auditor | 106 |
| 64 | Statutory declaration relating to trust moneys and controlled moneys | 107 |
| 65 | Secrecy | 108 |
| 65A | Legal protection for auditor | 109 |
| pt 7 div 6 | Examination of solicitors’ records | pt 11 div 6 |
| 66 | Appointment of examiner | 110 |
| 67 | Production of books etc | 111 |
| 68 | Secrecy | 112 |
| pt 7 div 6A | Investigation of affairs of solicitors | pt 11 div 7 |
| 69 | Definitions for div 11.7 | 113 |
| 69A | Appointment of investigator | 114 |
| 69B | Investigator’s assistant | 115 |
| 69C | Obligation to comply with investigator’s requirements | 116 |
| 69D | Obstruction etc of investigator | 117 |
| 69E | Professional misconduct | 118 |
| 69F | Report of investigation | 119 |
| 69G | Costs of investigation | 120 |
| 69H | Secrecy | 121 |
| pt 7 div 7 | Deposits with law society | pt 11 div 8 |
| 70 | Interpretation for div 11.8 | 122 |
| 71 | Solicitor to deposit portion of trust moneys with law society | 123 |
| 72 | Repayment of deposits | 124 |
| 73 | Obligation to deposit subject to availability of trust funds | 125 |
| 74 | Variation of notional amount by law society | 126 |
| 74AA | Statutory deposits trust account | 127 |
| 74A | Statutory interest account | 128 |
| 74B | Arrangement relating to trust bank account | 129 |
| 74C | Audit of deposits etc | 130 |
| part 8 | Fidelity fund | part 12 |
| pt 8 div 1 | General | pt 12 div 1 |
| 75 | Meaning of solicitor in pt 12 | 131 |
| 76 | Fidelity fund | 132 |
| 77 | Investment of fund | 133 |
| 78 | Audit | 134 |
| 79 | Contributions to fund | 135 |
| pt 8 div 2 | Claims against fidelity fund | pt 12 div 2 |
| 79A | Definitions for div 12.2 | 136 |
| 80 | Persons who may apply for compensation | 137 |
| 81 | Calls for claims | 138 |
| 82 | Time for making applications | 139 |
| 83 | Manner of making claims | 140 |
| 84 | Determination of applications | 141 |
| 85 | Review of law society’s determination | 142 |
| 86 | Payment of compensation | 143 |
| 87 | Subrogation | 144 |
| 88 | Solicitors’ claims | 145 |
| 89 | Interim payments of compensation | 146 |
| pt 8 div 3 | Levies | pt 12 div 3 |
| 90 | Levies to supplement fund | 147 |
| part 9 | Appointment of receivers | part 13 |
| 92 | Interpretation for pt 13 | 148 |
| 93 | Appointment of receiver | 149 |
| 94 | Receiver’s powers | 150 |
| 95 | Notice to financial institution | 151 |
| 96 | Examination of solicitor and other persons about trust moneys and trust property | 152 |
| 97 | Power of court to order delivery of trust property to receiver | 153 |
| 98 | Power of receiver to take delivery of property receivable by solicitor after appointment of receiver | 154 |
| 99 | Right of solicitor, partnership or person to apply to court for order in relation to property | 155 |
| 100 | Liens for costs on property held by receiver | 156 |
| 101 | Receiver to report to court | 157 |
| 102 | Power of court to give directions | 158 |
| 103 | Unclaimed moneys | 159 |
| 104 | Termination of receivership | 160 |
| 105 | Remuneration of receiver | 161 |
| 106 | Payments by receiver deemed to be made by solicitor | 162 |
| 107 | Concealing etc documents | 163 |
| 108 | Reimbursement of receiver | 164 |
| 108A | Reimbursement of law society | 165 |
| part 9A | Managers | part 14 |
| 108B | Definitions for pt 14 | 166 |
| 108C | Appointment of manager | 167 |
| 108D | Management under receivership | 168 |
| 108E | Solicitor as employee | 169 |
| 108F | Powers of manager | 170 |
| 108G | Act of manager is act of solicitor | 171 |
| 108H | Reimbursement for damages | 172 |
| 108I | Expenses of management | 173 |
| 108J | Reports | 174 |
| 108K | Application of Act to managers | 175 |
| 108L | Termination of managership—reversion of moneys | 176 |
| part 10 | Costs | part 15 |
| 109 | Definitions for pt 15 | 177 |
| 110 | No action by solicitor for costs until detailed statement delivered | 178 |
| 110A | Right to request statement | 179 |
| 111 | Notice for taxation | 180 |
| 112 | Form of notice etc | 181 |
| 113 | Taxation in absence of party | 182 |
| 114 | Matters to be considered on taxation | 183 |
| 115 | Costs of taxation | 184 |
| 116 | Certificate of taxation | 185 |
| 117 | Review of taxation | 186 |
| 118 | Stay of proceedings | 187 |
| 119 | Amount due by legal practitioner recoverable as debt | 188 |
| 119A | Costs payable by mortgagor or lessee | 189 |
| 120 | Agreement as to costs | 190 |
| 121 | Powers of court where contract not fair and reasonable | 191 |
| part 11 | Offences by unqualified persons | part 16 |
| 122 | Holding out as qualified | 192 |
| 123 | Preparation of documents for reward | 193 |
| 124 | Preparation of probate etc papers for reward | 194 |
| 125 | Offences by corporations | 195 |
| part 12 | Miscellaneous | part 17 |
| 127 | Solicitors not to share receipts with persons not practising as solicitors | 196 |
| 128 | Employment of persons who have ceased to be legal practitioners | 197 |
| 129 | Permission for employment of certain persons | 198 |
| 129A | Immunity from suit | 199 |
| 130 | Unclaimed moneys | 200 |
| 130A | Fines to be paid into fidelity fund | 201 |
| 133 | Regulation-making power | 202 |
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