Legal Practitioners Act Amendment Act 1976 (WA)

WESTERN AUSTRALIA.

LEGAL PRACTITIONERS.

No. 113 of 1976.

AN ACT to amend the Legal Practitioners Act,

1893-1973.

[Assented to 25th November, 1976.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Legal and

Practitioners Act Amendment Act, 1976. citation.

(2) In this Act the Legal Practitioners Act, Zi:gillead as

1893-1973 is referred to as the principal Act.	for reprint,	23rd August,
1974.
(3) The principal Act as amended by this Act may be cited as the Legal Practitioners Act, 1893-1976.

No. 113.] Legal Practitioners. [1976.

Commence-

ment.	2. The provisions of this Act shall come into operation on such date or dates as is or are, respectively, fixed by proclamation.
Section 4

amended. 3. Section 4 of the principal Act is amended

(a)	by adding after the passage "Law," in line two of paragraph (c) of subsection (1) the word "permanently";
(b)	by deleting the passage "rules;" in the last line of paragraph (d) of subsection (1) and substituting the passage "rules.";
(c)	by deleting paragraph (f) of subsection (1); and
(d)	by deleting the word "five" in line four of subsection (2) and substituting the word "seven".

Section 6

amended. 4. Section 6 of the principal Act is amended

(a) by adding after paragraph (c) of subsection (1), the following paragraphs

(ca) for prescribing the examinations required to be passed by persons seeking to be admitted under section sixteen of this Act;

(cb) for prescribing the fee required to

be paid to the Board by paragraph

(d) of section twenty of this Act; ;

(b) by deleting the words "charges of alleged misconduct of practitioners in connection with" in lines one, two and three of paragraph (f) of subsection (1) and substituting the words "the conduct of practitioners with respect to"; and

(c) by repealing subsection (3).

1976.] Legal Practitioners. [No. 113.

Section 16

5. Section 16 of the principal Act is amended amended.

(a)	by deleting the passage "(whose decision shall be final)" in lines three and four of paragraph (b); and
(b)	by deleting paragraph (c) and substituting the following paragraph

(c) shall have passed such examina- tions as the Board may prescribe, .

6.   Section 18 of the principal Act is hereby =in:al:8

repealed.

Section 20

7. Section 20 of the principal Act is amended by amended.

deleting the words "the sum of sixty-three dollars" in lines one and two of paragraph (d) and substituting the words "such sum as the Board may prescribe".

Section 29

8. Section 29 of the principal Act is amended amended.

(a)	by deleting the words "in the conduct of the business of the complainant" in line five of subsection (1);
(b)	by deleting the words "two hundred dollars" in lines one and two of paragraph (b) of subsection (1) and substituting the words "two thousand dollars"; and
(c)	by adding after subsection (1) the following subsection

(la) If upon such inquiry the Board is of opinion that the practitioner is not guilty of any illegal or unprofessional conduct or of neglect or undue delay but that nevertheless his conduct has given reasonable cause for the inquiry the Board may make such order as to payment of costs by him as it may think fit. .

No. 113.] Legal Practitioners. [1976.

Section 32A

added. 9. The principal Act is amended by adding after

section 32 the following section-

Practitioners

struck off	32A. A practitioner admitted to practice in or suspended from practice in any other jurisdiction shall be liable upon the report of the Board to the Full Court to be struck off the roll or suspended from practice as the case may be. .
or suspended
in other	Western Australia who is struck off the roll
jurisdictions.

Section 39

amended. 10. Section 39 of the principal Act is amended

by deleting the passage "Penalty: Two hundred

dollars." appearing at the end of subsection (2).

Section 40

amended. 11. Section 40 of the principal Act is amended

(a)	by deleting the passage "Penalty: Two hundred dollars." appearing at the end of subsection (1); and
(b)	by deleting the words "that subsection" in line four of subsection (2) and substituting the words "this Act".

Section 41

amended.	12. Section 41 of the principal Act is amended by deleting the passage "Penalty: Two hundred dollars." appearing at the end of subsection (3).
Section 42A

amended. 13. Section 42A of the principal Act is amended

(a)	by adding after the section number "42A." the subsection designation "(1)"; and
(b)	by adding at the end thereof the following subsections

(2) If no or no satisfactory certificate is delivered to the Board in accordance with this section, the Board in its discretion may withhold the issue of the annual practice certificate.

(3) Every practitioner who claims not to be required to maintain a trust account shall prove that fact to the satisfaction of the Board, and pending

1976. j Legal Practitioners. [No. 113.

such satisfaction the Board in its discretion may withhold the issue of the annual practice certificate. .

Section 65

14. Section 65 of the principal Act is repealed repealed and

and re-enacted as follows- re-enacted.

65. No practitioner shall sue for the recovery of any services, fee, charges, or disbursements	Signed bill
of costs to
be served
before suit.
until a bill of the same, being either a bill containing detailed items or for a lump sum, signed by such practitioner, shall have been served upon the party charged therewith. Provided that at any time within one month from the service of a lump sum bill as aforesaid the party charged may require the practitioner to serve upon him in lieu thereof a bill containing detailed items, and thereupon the lump sum bill shall be of no effect. .
Section 66

15. Section 66 of the principal Act is repealed repealed and

and re-enacted as follows-	re-enacted.
Party

66. Except in cases where there is a written agreement as to costs, as hereinbef ore provided,	may give	charged
notice of Intention
any person charged with an itemised bill of	to tax.
costs may have the same taxed by the taxing master of the Supreme Court, upon first serving upon the practitioner, within one month from the service of such itemised bill a written notice of his wish to have the same taxed. .

16. Section 67 of the principal Act is repealed 1=eld7nd re - enacted.

and re-enacted as follows—

67. Within one month after service of the 3t3cligiot

notice aforesaid the practitioner shall lodge the pia ter aforesaid the practitioner may serve upon the party charged an amended bill of costs, and in such case that amended bill shall be treated as and be in lieu of the original and be subject to all the provisions as to taxation herein contained, except this proviso. .

bill of costs with the taxing master of the

No. 113.] Legal Practitioners. [1976.

Section 68

repealed and 17. Section 68 of the principal Act is repealed

re-enacted.	and re-enacted as follows-
Time and

place of	68. Upon the bill of costs being lodged the
taxation.

taxing master shall appoint a date, time and place for the taxation of the bill of costs and the party lodging the same shall serve on the party charged therewith at least seven days before the time appointed notice of the appointment and a copy of the bill of costs. .

Section 68A

added.

18. The principal Act is amended by adding after

section 68 the following section—

Interpreta-

tion, etc.

68A. For the purposes of sections sixty-five to sixty-eight, inclusive, of this Act

(a)	a reference to the party charged includes a reference to his executor or administrator as the case may be;
(b)	a reference to the practitioner includes a reference to his executor, adminis- trator or assignee as the case may be;
(c)	service of any notice or document may be effected by delivery to the person to be served or by being left at or sent by post addressed to him at his last known place of business or residence;
(d)	the taxing master in his discretion may enlarge the time prescribed for the taking of any step therein provided for, and may give direction for substituted service of any notice or document required to be served. .

Section 69

repealed and 19. Section 69 of the principal Act is repealed

re-enacted.	and re-enacted as follows-
Costs of

taxation. 69. The costs of and incidental to such taxation shall be in the discretion of the taxing master. .

1976.] Legal Practitioners. [No. 113.

20. Section 72 of the principal Act is hereby V:giaolield7.2

repealed.

21. Section 78 of the principal Act is amended by i=11,1ed

deleting the passage "court, Judge or Justice" in lines three and four and substituting the words "Court or a Judge thereof".

Section 79

22. Section 79 of the principal Act is amended amended.

by deleting paragraph (6) and substituting the

following paragraph

(6) without the written consent of the Board and subject to such conditions, as to period or otherwise, as the Board shall think fit, in any manner employ or remunerate in connection with his practice as a legal practitioner any person who, to the knowledge of the practitioner

(a)	has been struck off the roll and who has not been re-admitted or who is suspended from practice under this Act; or
(b)	is or was a clerk to a solicitor and who has been convicted of any fraudulent conduct in respect of any money or property belonging to or held or controlled by the solicitor by whom he is or was employed or any client of such solicitor. .

Section 81

23. Section 81 of the principal Act is amended by deleting the passage commencing with the word "accordingly" in line four and ending with the word "rules" in the last line and substituting the words "in a penalty not exceeding two thousand dollars by the said Court or a Judge thereof in Chambers on the motion of the Board". amended.

No. 113.] Legal Practitioners. [1976.

Section 82

repealed. 24. Section 82 of the principal Act is hereby

repealed.

Section 83

repealed and 25. Section 83 of the principal Act is repealed

re-enacted. and re-enacted as follows-

Appeals. 83. There shall be an appeal to the Full Court of Western Australia by any person to whom the Board shall have refused to grant a certificate under paragraph (b) of section sixteen, paragraph (b) of section twenty or section thirty-three of this Act. .