Legal Profession Act 2006 (ACT)
Legal Profession Act 2006
A2006-25
Republication No 43
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Legal Profession Act 2006 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025.
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 includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Legal Profession Act 2006
Contents
Page
Chapter 1 Introduction
Part 1.1 Preliminary—ch 1
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Purposes of Act 3
Part 1.2 Important terms
7 Terms relating to lawyers 4
8 Terms relating to legal practitioners 4
9 Terms relating to associates and principals of law practices 4
10 What is the home jurisdiction? 6
11 Suitability matters 7
12 Information notices 9
13 References to conviction and quashing of conviction 10
Chapter 2 General requirements for engaging in legal practice
Part 2.1 Preliminary—ch 2
14 Simplified outline—ch 2 11
Part 2.2 Reservation of legal work and legal titles
15 Purposes—pt 2.2 13
16 Prohibition on engaging in legal practice if not entitled 13
17 Prohibition on representing or advertising entitlement to engage in legal practice if not entitled 15
18 Presumptions about taking or using certain names, titles or descriptions 16
19 Contravention of pt 2.2 by Australian lawyers who are not legal practitioners 17
Part 2.3 Admission of local lawyers
Division 2.3.1 Preliminary—pt 2.3
20 Purposes—pt 2.3 18
Division 2.3.2 Eligibility and suitability for admission
21 Eligibility for admission 18
22 Suitability for admission 20
23 Early consideration of suitability for admission 20
24 Referral of matters to Supreme Court 21
25 Appeal to Supreme Court on refusal of declaration 22
Division 2.3.3 Admission to legal profession
26 Admission 23
27 Roll of people admitted to legal profession 23
28 Local lawyer is officer of Supreme Court 24
Division 2.3.4 Functions and powers of admissions board
29 Admissions board to advise on application for admission 24
30 Compliance certificates by admissions board 24
31 Consideration of applicant’s eligibility and suitability for admission 25
Division 2.3.5 Miscellaneous—pt 2.3
32 Admissions board is respondent to applications under pt 2.3 26
Part 2.4 Legal practice by Australian legal practitioners
Division 2.4.1 Preliminary—pt 2.4
33 Purposes and application—pt 2.4 27
Division 2.4.2 Legal practice in ACT by Australian legal practitioners
34 Entitlement of holder of Australian practising certificate to practise in ACT 28
Division 2.4.3 Local practising certificates generally
35 Local practising certificates 28
36 Suitability to hold local practising certificate 29
37 Duration of local practising certificate 30
38 Conditions on practising certificate—government lawyer and in-house lawyer 31
40 Local legal practitioner is officer of Supreme Court 32
Division 2.4.4 Grant or renewal of local practising certificates
41 Application for grant or renewal of local practising certificate 32
42 Approved form for grant or renewal application for practising certificates 35
43 Timing of application for renewal of local practising certificate 35
44 Grant or renewal of unrestricted or restricted practising certificate 36
45 Grant or renewal of barrister practising certificate 38
Division 2.4.5 Conditions on local practising certificates
46 Conditions on local practising certificates generally 40
47 Conditions imposed on local practising certificate by relevant council 40
48 Statutory condition about conditions imposed on interstate admission 43
49 Barristers—restrictions on engaging in legal practice etc 43
50 Statutory condition about practice as a solicitor 44
51 Statutory condition on local practising certificate about notification of offence 44
52 Conditions imposed by legal profession rules 44
53 Compliance with conditions of local practising certificate 45
Division 2.4.6 Amendment, suspension or cancellation of local practising certificates
54 Application—div 2.4.6 45
55 Grounds for amending, suspending or cancelling local practising certificate 45
56 Amending, suspending or cancelling local practising certificate 46
57 Operation of amendment, suspension or cancellation of local practising certificate 47
58 Other ways of amending or cancelling local practising certificate 48
59 Relationship of div 2.4.6 with ch 4 49
Division 2.4.7 Special powers in relation to local practising certificates—show-cause events
60 Applicant for local practising certificate—show-cause event 50
61 Holder of local practising certificate—show-cause event 51
62 Refusal to grant or renew unrestricted or restricted practising certificate—failure to show cause etc 51
63 Refusal to grant or renew barrister practising certificate—failure to show cause etc 52
64 Amendment, suspension or cancellation of local practising certificate—failure to show cause etc 53
65 Restriction on further applications for local practising certificate after refusal to grant or renew 54
66 Restriction on further applications for local practising certificate after cancellation 54
67 Relationship of div 2.4.7 with pt 4.4 and ch 6 55
Division 2.4.8 Further provisions about local practising certificates
68 Immediate suspension of local practising certificate 55
69 Imposition of conditions on local practising certificate pending criminal proceedings etc 57
70 Surrender and cancellation of local practising certificate 58
71 Return of local practising certificate 58
Division 2.4.9 Interstate legal practitioners
72 Professional indemnity insurance—interstate legal practitioners 59
73 Extent of entitlement of interstate legal practitioner to practise in ACT 60
74 Additional conditions on practice of interstate legal practitioners 61
75 Special provisions about interstate legal practitioner engaging in unsupervised legal practice in ACT 62
76 Interstate legal practitioner is officer of Supreme Court 62
Division 2.4.10 Miscellaneous—pt 2.4
77 Protocols with regulatory authorities 63
78 Investigation of practising certificate applicants or holders etc 63
79 Register of local practising certificates 64
80 Supreme Court orders about conditions under pt 2.4 64
81 Appeals against decisions of relevant council 64
82 Government lawyers generally 66
83 Government lawyers of other jurisdictions 67
84 Determination of fees by law society council and bar council 68
Part 2.5 Inter-jurisdictional provisions about admission and practising certificates
Division 2.5.1 Preliminary—pt 2.5
85 Purpose—pt 2.5 69
86 Powers under ch 4 not affected by pt 2.5 69
Division 2.5.2 Notices to be given by local authorities to interstate authorities
87 Official notice to other jurisdictions of applications for admission and associated matters 69
88 Official notice to other jurisdictions of removals from local roll 70
90 Relevant council to give notice to other jurisdictions of certain matters 70
Division 2.5.3 Notices to be given by lawyers to local authorities
91 Lawyer to give notice of removal in another jurisdiction 71
92 Lawyer to give notice of interstate orders 72
92A Lawyer to give notice of foreign regulatory action 73
93 Provisions applying to notices under div 2.5.3 74
Division 2.5.4 Taking of action by local authorities in response to notices received
94 Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction 75
95 Peremptory cancellation of local practising certificate following removal of name from interstate roll 76
96 Show-cause procedure for removal of lawyer’s name from local roll following foreign regulatory action 76
97 Show-cause procedure for cancellation of local practising certificate following foreign regulatory action 78
97A Order for non-removal of name or non-cancellation of local practising certificate 79
98 Local authority may give information to other local authorities 80
Part 2.6 Incorporated legal practices and multidisciplinary partnerships
Division 2.6.1 Preliminary—pt 2.6
99 Definitions—pt 2.6 81
100 Purposes—pt 2.6 82
Division 2.6.2 Incorporated legal practices
101 Nature of incorporated legal practice 82
102 Nonlegal services and businesses of incorporated legal practices 84
103 Corporations eligible to be incorporated legal practices 84
104 Notice of intention of corporation to start providing legal services 84
105 Prohibition on representations that corporation is incorporated legal practice etc 85
106 Notice of corporation ceasing to engage in legal practice etc 86
107 Incorporated legal practice must have legal practitioner director etc 87
108 Obligations of legal practitioner director relating to misconduct—incorporated legal practices 88
109 Incorporated legal practice without legal practitioner director 89
110 Obligations and privileges of practitioners who are officers or employees of incorporated legal practices 90
111 Professional indemnity insurance—incorporated legal practices 91
112 Conflicts of interest—incorporated legal practices 93
113 Disclosure obligations—incorporated legal practices 94
114 Effect of nondisclosure on provision of certain services by incorporated legal practice 95
115 Application of legal profession rules to incorporated legal practices 96
116 Advertising requirements—incorporated legal practices 96
117 Extension of vicarious liability relating to failure to account and dishonesty to incorporated legal practices etc 97
118 Sharing of receipts, revenue or other income—incorporated legal practices 97
119 Disqualified people—incorporated legal practices 98
120 Audit of incorporated legal practices 98
121 Application of ch 6 to div 2.6.2 audits 99
122 Banning of incorporated legal practices 100
123 Disqualification from managing incorporated legal practice 102
124 Disclosure of information to Australian Securities and Investments Commission 103
125 External administration proceedings under Corporations Act 104
126 External administration proceedings under other legislation 105
127 Incorporated legal practice subject to receivership under this Act and external administration under Corporations Act 105
128 Incorporated legal practice subject to receivership under this Act and external administration under other legislation 107
129 Cooperation between courts—powers under pt 2.6 108
130 Relationship of Act to constitution of incorporated legal practices 108
131 Relationship of Act to legislation establishing incorporated legal practices 108
132 Relationship of Act to Corporations legislation 109
133 Undue influence—incorporated legal practices 109
Division 2.6.3 Multidisciplinary partnerships
134 Nature of multidisciplinary partnership 110
135 Conduct of multidisciplinary partnerships 110
136 Notice of starting practice in multidisciplinary partnership 111
137 General obligations of legal practitioner partners—multidisciplinary partnerships 111
138 Obligations of legal practitioner partner relating to misconduct—multidisciplinary partnerships 112
139 Actions of partner of multidisciplinary partnership who is not Australian legal practitioner 113
140 Obligations and privileges of practitioners who are partners or employees of multidisciplinary partnership 113
141 Conflicts of interest—multidisciplinary partnerships 114
142 Disclosure obligations—multidisciplinary partnerships 114
143 Effect of nondisclosure on provision of certain services by multidisciplinary partnership 116
144 Application of legal profession rules to multidisciplinary partnerships 116
145 Advertising requirements—multidisciplinary partnerships 117
146 Sharing of receipts, revenue or other income—multidisciplinary partnerships 117
147 Disqualified people—multidisciplinary partnerships 118
148 Prohibition on multidisciplinary partnerships with certain partners who are not Australian legal practitioners 118
149 Undue influence—multidisciplinary partnerships 119
Division 2.6.4 Miscellaneous—pt 2.6
150 Obligations of individual practitioners not affected by pt 2.6 120
151 Regulations—pt 2.6 120
Part 2.7 Legal practice—foreign lawyers
Division 2.7.1 Preliminary—pt 2.7
152 Definitions—pt 2.7 122
153 Purpose—pt 2.7 123
154 Pt 2.7 does not apply to Australian legal practitioners or foreign lawyers engaged by government 123
Division 2.7.2 Practice of foreign law
155 Requirement for registration to practice foreign law 123
156 Entitlement of Australian-registered foreign lawyer to practise in ACT 124
157 Scope of practice of Australian-registered foreign lawyer 124
158 Form of practice of foreign law 125
159 Application of Australian professional ethical and practice standards to practice of foreign law 126
160 Designation of Australian-registered foreign lawyers 127
161 Letterhead and other identifying documents of Australian-registered foreign lawyers 128
162 Advertising by Australian-registered foreign lawyers 129
163 Foreign lawyer employing Australian legal practitioner 130
164 Trust money and trust accounts—Australian-registered foreign lawyers 131
165 Professional indemnity insurance—Australian-registered foreign lawyers 131
166 Fidelity cover—Australian-registered foreign lawyers 133
Division 2.7.3 Local registration of foreign lawyers generally
167 Local registration of foreign lawyers 133
168 Duration of registration—foreign lawyers 133
169 Locally-registered foreign lawyer not officer of Supreme Court 134
Division 2.7.4 Applications for grant or renewal of local registration as foreign lawyer
170 Application for grant or renewal of registration as foreign lawyer 134
171 Approved form for grant or renewal application—foreign lawyers 134
172 Requirements for applications for grant or renewal of registration—foreign lawyers 135
Division 2.7.5 Grant or renewal of registration as foreign lawyer
173 Grant or renewal of registration as foreign lawyer 138
174 Requirement to grant or renew registration as foreign lawyer if criteria satisfied 139
175 Refusal to grant or renew registration as foreign lawyer 140
Division 2.7.6 Amendment, suspension or cancellation of local registration of foreign lawyer
176 Application—div 2.7.6 143
177 Grounds for amending, suspending or cancelling registration of foreign lawyer 143
178 Amending, suspending or cancelling registration of foreign lawyer 144
179 Operation of amendment, suspension or cancellation of registration of foreign lawyer 146
180 Other ways of amending or cancelling registration of foreign lawyer 147
181 Relationship of div 2.7.6 with ch 4 147
Division 2.7.7 Special powers in relation to local registration of foreign lawyer—show-cause events
182 Applicant for local registration as foreign lawyer—show-cause event 148
183 Locally-registered foreign lawyer—show-cause event 149
184 Refusal, amendment, suspension or cancellation of local registration as foreign lawyer—failure to show cause etc 149
185 Restriction on making further applications for registration as foreign lawyer 150
186 Relationship of div 2.7.7 with pt 4.4 and ch 6 151
Division 2.7.8 Further provisions about local registration of foreign lawyers
187 Immediate suspension of registration as foreign lawyer 151
188 Surrender of local registration certificate and cancellation of registration as foreign lawyer 153
189 Automatic cancellation of registration of foreign lawyer on grant of practising certificate 153
190 Suspension or cancellation of registration of foreign lawyer not to affect disciplinary processes 153
191 Return of local registration certificate 153
Division 2.7.9 Conditions on registration of foreign lawyers
192 Conditions on local registration generally 154
193 Conditions imposed on local registration by relevant council 155
194 Imposition and amendment of conditions on local registration pending criminal proceedings 156
195 Statutory condition on local registration about notification of offence 157
196 Conditions imposed by legal profession rules on local registration 157
197 Compliance with conditions of local registration 158
Division 2.7.10 Interstate-registered foreign lawyers
198 Extent of entitlement of interstate-registered foreign lawyer to practise in ACT 158
199 Additional conditions on practice of interstate-registered foreign lawyers 159
Division 2.7.11 Miscellaneous—pt 2.7
200 Investigation of applicants and locally-registered foreign lawyers etc 160
201 Register of locally-registered foreign lawyers 160
202 Publication of information about locally-registered foreign lawyers 161
203 Supreme Court orders about conditions—Australian‑registered foreign lawyers 161
204 Exemption of Australian‑registered foreign lawyers by relevant council 161
205 Membership of professional association by Australian‑registered foreign lawyers 161
206 Determination of fees by relevant council 162
207 Appeals or reviews 162
Part 2.8 Community legal centres
208 What is a complying community legal centre? 164
209 Provision of legal services etc by complying community centre 165
Chapter 3 Conduct of legal practice
Part 3.1 Trust money and trust accounts
Division 3.1.1 Preliminary—pt 3.1
210 Definitions—pt 3.1 167
211 Purposes—pt 3.1 170
212 Money involved in financial services or investments 170
213 Determinations about status of money 171
214 Application of pt 3.1 to law practices and trust money 172
215 Protocols for deciding where trust money is received 173
216 When money is received by law practice 173
217 Discharge by legal practitioner associate of obligations of law practice 174
218 Liability of principals of law practices under pt 3.1 175
219 Application of pt 3.1 to former practices, principals and associates 175
220 Barristers not to receive trust money 175
Division 3.1.2 Trust money and trust accounts
221 Keeping of general trust account 176
222 Certain trust money to be deposited in general trust account 177
223 Holding, disbursing and accounting for trust money 178
223A Way of withdrawing trust money from general trust account 179
224 Controlled money 180
224A Way of withdrawing controlled money from controlled money account 181
225 Transit money 182
226 Trust money subject to specific powers 183
226A Trust money received in form of cash 184
227 Protection of trust money 186
228 Intermixing money 186
229 Dealing with trust money—legal costs and unclaimed money 187
230 Deficiency in trust account 187
231 Reporting certain irregularities etc 188
232 Keeping trust records 189
233 False names in trust records etc 190
Division 3.1.3 Investigations and external examinations
Subdivision 3.1.3.1 Investigations
234 Appointment of investigators 191
235 Investigations 192
236 Application of ch 6 to investigations 192
237 Investigator’s report 192
238 Confidentiality by investigator etc 192
239 Costs of investigation 194
Subdivision 3.1.3.2 External examinations
240 Designation of external examiners 195
241 Trust records to be externally examined 195
243 Designation and appointment of associates as external examiners 196
244 Final examination of trust records 196
245 Examination of affairs in relation to examination of trust records etc 198
246 Carrying out examinations 198
247 External examiner’s report 198
248 Confidentiality by external examiner 199
249 Costs of examination 201
Division 3.1.4 Provisions relating to ADIs and statutory deposits
250 Approval of ADIs for pt 3.1 201
251 ADI not subject to certain obligations and liabilities 202
252 Reports, records and information by ADIs 202
253 Statutory deposits 204
Division 3.1.5 Miscellaneous—pt 3.1
254 Restrictions on receipt of trust money 206
255 Application of pt 3.1 to incorporated legal practices and multidisciplinary partnerships 207
256 Application of pt 3.1 to community legal centres 208
257 Disclosure—money not received as trust money 208
258 Disclosure of accounts used to hold money entrusted to legal practitioners 209
259 Unclaimed trust money 210
260 Regulations and legal profession rules—pt 3.1 211
Part 3.2 Costs disclosure and assessment
Division 3.2.1 Preliminary—pt 3.2
261 Definitions—pt 3.2 213
261A Terms relating to third party payers 214
262 Purposes—pt 3.2 215
Division 3.2.2 Application—pt 3.2
263 Application of pt 3.2—first instructions rule 215
264 Pt 3.2 also applies by agreement or at client’s election 215
265 Displacement of pt 3.2 217
266 How and where does a client first instruct a law practice? 218
267 When does a matter have a substantial connection with the ACT? 218
268 What happens when different laws apply to a matter? 218
Division 3.2.3 Costs disclosure
269 Disclosure of costs to clients 219
270 Disclosure if another law practice is to be retained 222
271 How and when must disclosure be made to a client? 223
272 Exceptions to requirement for disclosure 223
273 Additional disclosure—settlement of litigious matters 226
274 Additional disclosure—uplift fees 226
275 Form of disclosure 227
276 Ongoing obligation to disclose etc 227
277 Effect of failure to disclose 228
278 Progress reports 229
278A Disclosure to associated third party payers 230
Division 3.2.4 Legal costs generally
279 On what basis are legal costs recoverable? 231
280 Security for legal costs 231
281 Interest on unpaid legal costs 232
Division 3.2.5 Costs agreements
282 Making costs agreements 233
283 Conditional costs agreements 234
284 Conditional costs agreements involving uplift fees 235
285 Contingency fees prohibited 237
286 Effect of costs agreement 237
287 Certain costs agreements void 238
288 Setting aside costs agreements or provisions of costs agreements 239
Division 3.2.6 Billing
289 Legal costs cannot be recovered unless bill has been given 242
290 Bills 243
291 Notification of client’s rights 244
292 Request for itemised bill 245
293 Interim bills 246
Division 3.2.7 Costs assessment
294 Definition—div 3.2.7 246
294A Application by client or third party payer for costs assessment 246
295 Application for costs assessment by law practice retaining another law practice 249
296 Application for costs assessment by law practice giving bill 250
297 Form of application for costs assessment 251
298 Consequences of application for costs assessment 251
299 Procedure on costs assessment 251
300 Criteria for costs assessment 251
300A Assessment of costs by reference to costs agreement 253
300B Assessment of costs by reference to scale of costs etc 254
300C Recovery of assessed costs 254
301 Law practice may be bound by lump sum bill 254
302 Costs of costs assessment 255
303 Referring matters to ACAT 255
304 Legal costs subject to consumer dispute not assessable 256
304A Contracting out of div 3.2.7 by sophisticated clients 256
Division 3.2.8 Miscellaneous—pt 3.2
305 Application of pt 3.2 to incorporated legal practices and multidisciplinary partnerships 256
306 Imputed acts, omission or knowledge for pt 3.2 257
307 Liability of principals of law practice under pt 3.2 257
Part 3.3 Professional indemnity insurance
308 Definitions—pt 3.3 258
309 Purpose—pt 3.3 258
310 Exemptions from pt 3.3 258
311 Professional indemnity insurance for insurable legal practitioners 259
312 Approval of indemnity insurance policy 259
312A Continuing indemnity insurance 260
313 Agreements for insurance for solicitors 260
314 Giving information to council for insurance 261
315 Approval of indemnity fund 262
Part 3.4 Fidelity cover
Division 3.4.1 Preliminary—pt 3.4
316 Definitions—pt 3.4 263
317 Time of default—pt 3.4 264
318 Purpose—pt 3.4 264
319 Application—pt 3.4 264
Division 3.4.2 Fidelity fund
320 Establishment etc of fidelity fund 265
321 Investment of fidelity fund 265
322 Audit of fidelity fund 266
323 Contributions to fidelity fund 266
324 Levy to supplement fidelity fund 266
325 Insurance of fidelity fund 267
326 Borrowing for fidelity fund 267
Division 3.4.3 Defaults to which pt 3.4 applies
327 Meaning of relevant jurisdiction—pt 3.4 268
328 Defaults to which pt 3.4 applies 269
329 Defaults relating to financial services or investments 269
Division 3.4.4 Claims about defaults
330 Claims about defaults 271
331 Approved form for claims 271
332 Time limit for making claims against fidelity fund 272
333 Advertisements about defaults by law practices 272
334 Time limit for making claims against fidelity fund following advertisement 274
335 Claims not affected by certain matters 275
336 Investigation of claims 275
337 Advance payments for claims 276
Division 3.4.5 Deciding claims
338 Deciding claims generally 276
339 Maximum amount allowable for claim 278
340 Costs in relation to claims 278
341 Interest in relation to claims 278
342 Reduction of claim because of other benefits 279
343 Subrogation on payment of claim 279
344 Repayment of certain amounts paid from fidelity fund 280
345 Notification of delay in making decision on claim 281
346 Evidence in court proceedings under s 343 and certain proceedings for review etc 281
Division 3.4.6 Payments from fidelity fund for defaults
347 Payments for defaults 282
348 Caps on payments from fidelity fund 282
349 Sufficiency of fidelity fund 283
Division 3.4.7 Claims by law practices or associates
350 Claims by law practices or associates about defaults 284
351 Claims by law practices or associates about notional defaults 285
Division 3.4.8 Defaults involving interstate elements
352 Concerted interstate defaults 285
353 Defaults involving interstate elements if committed by 1 associate only 286
Division 3.4.9 Inter-jurisdictional provisions—pt 3.4
354 Protocols—pt 3.4 287
355 Forwarding of claims 288
356 Investigation of defaults to which pt 3.4 applies 288
357 Investigation of defaults to which corresponding law applies 289
358 Investigation of concerted interstate defaults and other defaults involving interstate elements 289
359 Recommendations by law society council to corresponding authorities 290
360 Recommendations to law society council by corresponding authorities etc 290
361 Request to another jurisdiction to investigate aspects of claim 291
362 Request from another jurisdiction to investigate aspects of claim 291
363 Cooperation with other authorities for pt 3.4 292
Division 3.4.10 Miscellaneous—pt 3.4
364 Interstate legal practitioner becoming authorised to withdraw from local trust account 292
365 Application of pt 3.4 to incorporated legal practices 293
366 Application of pt 3.4 to multidisciplinary partnerships 294
367 Application of pt 3.4 to sole practitioners whose practising certificates lapse 294
368 Availability of law society property for claims 295
Part 3.5 Mortgage practices and managed investment schemes
Division 3.5.1 Preliminary—pt 3.5
369 Definitions—pt 3.5 296
Division 3.5.2 Mortgage practices
370 Conduct of mortgage practices 299
371 Nomination of practice as territory regulated mortgage practice 301
372 Law society council to be notified of territory regulated mortgages 301
373 Solicitor to have fidelity cover for regulated mortgages 302
374 Bar on claims against fidelity fund relating to regulated mortgages 303
375 Notification of insurance arrangements for regulated mortgages 303
376 Failure to obtain fidelity insurance for regulated mortgage 304
Division 3.5.3 Managed investment schemes
377 Involvement of solicitors in managed investment schemes 305
378 Claims against fidelity fund relating to managed investment schemes connected with solicitors 307
379 Transfer of mortgages to responsible entity 307
Division 3.5.4 Miscellaneous—pt 3.5
380 Law society council may require information about mortgage practices 308
381 Effect of pt 3.5 on indemnity insurance 309
382 Regulations and rules—pt 3.5 309
Chapter 4 Complaints and discipline
Part 4.1 Preliminary and application—ch 4
Division 4.1.1 Preliminary—pt 4.1
383 Definitions—ch 4 310
384 Purposes—ch 4 310
385 Application of ch 4 to lawyers, former lawyers and former practitioners etc 311
Division 4.1.2 Key concepts—ch 4
386 What is unsatisfactory professional conduct? 311
387 What is professional misconduct? 312
388 What is unsatisfactory employment conduct? 312
389 Conduct capable of being unsatisfactory professional conduct or professional misconduct 313
Division 4.1.3 Application of ch 4
390 Practitioners to whom ch 4 applies 314
391 Conduct to which ch 4 applies—generally 316
392 Conduct to which ch 4 applies—insolvency, serious offences and tax offences 317
Part 4.2 Complaints about Australian legal practitioners and solicitor employees
393 Complaints generally 318
394 Making of complaints 318
395 Complaints made more than 3 years after conduct 319
396 Further information and verification—complaints 319
397 Person to be told about complaint 319
398 Submissions by person about whom complaint made 321
399 Summary dismissal of complaints 321
400 Withdrawal of complaints 322
Part 4.3 Mediation
401 Mediation of complaints 324
402 Facilitation of mediation 324
403 Nature of mediation 325
404 Admissibility of evidence and documents—mediation 325
405 Protection of mediator from liability 325
Part 4.4 Investigation of complaints
406 Complaints to be investigated 326
407 Appointment of investigator for complaint 326
408 Application of ch 6 to complaint investigations 327
409 Referral of matters for costs assessment—complaint investigation 327
Part 4.5 Decision of council
410 Decision of council after investigation 328
411 Decision of council without investigation 328
412 Dismissal of complaint 329
413 Summary conclusion of complaint procedure by fine etc 329
414 Record of decision of council about complaint 330
415 Council to give reasons to complainant and practitioner 331
416 Appeals to ACAT against decisions of relevant council 331
Part 4.6 General procedural matters about complaints
417 Rules of procedural fairness and efficient dealing with complaints 333
418 Complainant and person complained about to be told about action taken 333
Part 4.7 Disciplinary action
419 Application to ACAT 335
420 Application of rules of evidence to ACAT—disciplinary action 335
421 Amendment of complaint application 335
422 Nature of allegations in complaint applications 336
423 Parties to application 336
423A Restriction on publication of certain identifying material from application 337
424 ACAT power to disregard procedural lapses 338
425 ACAT orders—Australian legal practitioners 338
426 Dismiss complaint—Australian legal practitioners 340
427 Fines—Australian legal practitioners 341
428 Interim orders—Australian legal practitioners 341
429 ACAT orders—employees of solicitors 341
430 Dismiss complaint—employees of solicitors 342
431 Compliance with ACAT orders 342
432 Notice to complainant of application and decision 344
433 Costs orders by ACAT 344
434 Application of ACT Civil and Administrative Tribunal Act 346
435 Pt 4.7 does not affect other remedies of complainant 346
Part 4.8 Compensation
441 Meaning of compensation order for pt 4.8 347
442 Compensation orders 347
443 When compensation order can be made 348
444 Making of compensation orders 349
445 Enforcement of compensation orders 349
446 Other remedies not affected by compensation order 349
Part 4.9 Publicising disciplinary action
447 Definitions—pt 4.9 350
448 Register of disciplinary action 351
449 Other ways of publicising disciplinary action 352
450 Quashing of disciplinary action 352
451 Protection against liability for publicising disciplinary action 353
452 Disciplinary action taken because of infirmity, injury or illness 354
453 Pt 4.9 subject to certain confidentiality provisions 355
454 Pt 4.9 subject to court and tribunal orders 355
Part 4.10 Inter-jurisdictional provisions—ch 4
455 Protocols for ch 4 356
456 Request to another jurisdiction to investigate complaint 356
457 Request from another jurisdiction to investigate complaint 357
458 Sharing of information with corresponding authorities 357
459 Cooperation with corresponding authorities 357
460 Compliance with disciplinary recommendations or orders made under corresponding laws 358
461 Pt 4.10 does not affect other functions 358
Part 4.11 Miscellaneous—ch 4
462 Jurisdiction of Supreme Court not affected 359
463 Information about complaints procedure 359
464 Failure to comply with disciplinary orders 359
465 Procedures for handling of complaints 360
466 Reports to Minister about handling of complaints 360
467 Duty of council to report suspected offences 360
468 Protection for things done in administration of ch 4 361
469 Non-compellability of certain witnesses 362
470 Confidentiality of client communications for ch 4 362
471 Self-incrimination and other privileges overridden for ch 4 proceedings 362
472 Waiver of privilege or duty of confidentiality 364
Chapter 5 External intervention
Part 5.1 Preliminary—ch 5
473 Definitions—ch 5 365
474 Purpose—ch 5 366
475 Application of ch 5—incorporated law practices etc 366
476 Application of ch 5 to barristers 367
477 Application of ch 5 to Australian-registered foreign lawyers and former Australian-registered foreign lawyers 367
478 Application of ch 5 to other people 367
Part 5.2 Initiation of external intervention
479 Circumstances justifying external intervention 368
480 Decision about external intervention 369
Part 5.3 Supervisors of trust money
481 Appointment of supervisor 372
482 Notice of appointment of supervisor 373
483 Effect of service of notice of appointment of supervisor 374
484 Role of supervisor of trust money 375
485 Records of and dealing with trust money of law practice under supervision 377
486 Ending of supervisor’s appointment 377
Part 5.4 Managers
487 Appointment of manager 379
488 Notice of appointment 380
489 Effect of service of notice of appointment of manager 381
490 Role of manager 383
491 Records and accounts of law practice under management and dealings with trust money 385
492 Deceased estates—law practice under management 385
493 Ending of manager’s appointment 386
Part 5.5 Receivers
494 Appointment of receiver 388
495 Notice of appointment of receiver 390
496 Effect of service of notice of appointment of receiver 391
497 Role of receiver 393
498 Records and accounts of law practice under receivership and dealings with trust money 395
499 Power of receiver to take possession of regulated property 395
500 Power of receiver to take delivery of regulated property 396
501 Power of receiver to deal with regulated property 397
502 Power of receiver to require documents or information 397
503 Examinations for receivership 399
504 Lien for costs on regulated property 399
505 Regulated property not to be attached 400
506 Recovery of regulated property—breach of trust etc 401
507 Improperly destroying property 403
508 Deceased estates—law practice under receivership 403
509 Ending of receiver’s appointment 404
Part 5.6 General—ch 5
510 Conditions on appointment of supervisor or manager 406
511 Conditions on appointment of receiver 406
512 Status of acts of external intervener 407
513 Eligibility for reappointment or authorisation 407
514 Appeal against appointment of supervisor or manager 407
515 Directions of Supreme Court about external intervention 408
515A Manager and receiver appointed for law practice 408
516 ADI disclosure requirements 408
517 Fees, legal costs and expenses of external intervener 410
518 Reports by external intervener 411
519 Confidentiality by external interveners 412
519A Provisions relating to requirements under this part 413
519B Obstruction of external intervener 414
520 Protection from liability—ch 5 414
Chapter 6 Investigations
Part 6.1 Preliminary—ch 6
521 Definitions—ch 6 415
522 Main purpose—ch 6 415
523 Privileges against self-incrimination and exposure to civil penalty 416
Part 6.2 Requirements relating to documents, information and other assistance
524 Application—pt 6.2 417
525 Requirements that may be imposed for investigations, examinations and audits under pt 3.1 and pt 2.6 417
526 Requirements that may be imposed for investigations under ch 4 418
527 Provisions relating to requirements under pt 6.2 419
Part 6.3 Entry and search of premises
Division 6.3.1 Preliminary—pt 6.3
528 Application—pt 6.3 421
529 Definitions—pt 6.3 421
Division 6.3.2 Powers of investigators
530 Power to enter premises 422
531 Consent to entry 423
532 General powers on entry to premises 424
533 Power to require name and address 425
534 Power to seize things 426
Division 6.3.3 Search warrants
535 Warrants generally 427
536 Warrants—application made other than in person 428
537 Search warrants—announcement before entry 429
538 Details of search warrant to be given to occupier etc 430
539 Occupier entitled to be present during search etc 430
540 Use of electronic equipment at premises 431
541 Person with knowledge of computer or computer system to assist access etc 432
542 Securing electronic equipment 433
543 Copies of seized things to be provided 434
Division 6.3.4 Return and forfeiture of things seized
544 Receipt for things seized 435
545 Moving things to another place for examination or processing under search warrant 435
546 Access to things seized 436
547 Return of things seized 437
Division 6.3.5 Miscellaneous—pt 6.3
548 Damage etc to be minimised 437
549 Compensation for exercise of enforcement powers 438
Part 6.4 Additional powers in relation to incorporated legal practices
550 Application—pt 6.4 439
551 Investigative powers relating to investigations and audits 439
552 Examination of people under pt 6.4 439
553 Inspection of books under pt 6.4 440
554 Power to hold hearings under pt 6.4 441
555 Failure to comply with investigation under pt 6.4 442
Part 6.5 Miscellaneous—ch 6
555A Obstruction of investigator 443
556 Additional obligations of Australian lawyers 443
557 Permitted disclosure of confidential information—ch 6 444
Chapter 7 Admissions board
558 Admissions board 447
559 Ending appointments of members 447
560 Chair of admissions board 449
561 Meetings of admissions board 449
562 Protection of members from liability 449
Chapter 8 Professional bodies
Part 8.1 Bar council
575 Functions of bar council 450
Part 8.2 Law society and law society council
576 Establishment of law society 452
577 Functions of law society council 453
Part 8.3 Legal profession rules
Division 8.3.1 Preliminary
578 Purpose—pt 8.3 455
Division 8.3.2 Rules for Australian legal practitioners and Australian‑registered foreign lawyers
579 Rules for barristers 455
580 Rules for solicitors 455
581 Joint rules for Australian legal practitioners 455
582 Subject matter of legal profession rules 456
583 Public notice of proposed legal profession rules 456
Division 8.3.3 Rules for incorporated legal practices and multidisciplinary partnerships
584 Rules for incorporated legal practices and multidisciplinary partnerships 457
Division 8.3.4 General
585 Binding nature of legal profession rules 459
586 Legal profession rules inconsistent with Act or regulation 459
Chapter 9 General provisions
587 Approved forms—councils 460
587A Protection from liability 460
588 Liability of principals of law practice 460
589 Associates who are disqualified or convicted people 461
590 Injunctions to restrain offences against Act 462
591 Enforcement of injunctions 463
592 Amendment or discharge of injunctions 463
593 Interim injunctions—undertakings about damages 463
594 Magistrates Court’s other powers not limited 464
595 Disclosure of information by local regulatory authorities 464
596 Confidentiality of personal information 465
597 Professional privilege or duty of confidence does not affect validity of certain requirements etc 467
598 Meaning of reviewable decision—ch 9 468
599 Reviewable decision notices 468
600 Applications for review 468
601 Minister may determine fees 469
602 Regulation-making power 469
Dictionary470
Endnotes
1 About the endnotes 491
2 Abbreviation key 491
3 Legislation history 492
4 Amendment history 499
5 Earlier republications 525
6 Expired transitional or validating provisions 529
Legal Profession Act 2006
An Act about the legal profession and legal services
Chapter 1Introduction
Part 1.1Preliminary—ch 1
Name of Act
This Act is the Legal Profession Act 2006.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘conditional costs agreement, for part 3.2 (Costs disclosure and review)—see section 261.’ means that the term ‘conditional costs agreement’ is defined in that section for part 3.2.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Purposes of Act
The purposes of this Act are as follows:
(a)to provide for the regulation of legal practice in the ACT in the interests of the administration of justice and for the protection of consumers of the services of the legal profession and the public generally;
(b)to facilitate the regulation of legal practice on a national basis across State and Territory borders.
Part 1.2Important terms
Terms relating to lawyers
In this Act:
Australian lawyer means a person who is admitted to the legal profession under this Act or a corresponding law.
interstate lawyer means a person who is admitted to the legal profession under a corresponding law, but not under this Act.
local lawyer means a person who is admitted to the legal profession under this Act (whether or not the person is also admitted under a corresponding law).
Terms relating to legal practitioners
In this Act:
Australian legal practitioner means an Australian lawyer who holds a local practising certificate or interstate practising certificate.
interstate legal practitioner means an Australian lawyer who holds an interstate practising certificate, but not a local practising certificate.
local legal practitioner means an Australian lawyer who holds a local practising certificate.
Terms relating to associates and principals of law practices
In this Act:
associate, of a law practice, means—
(a)an Australian legal practitioner who is—
(i)for a law practice constituted by a sole practitioner—the sole practitioner; or
(ii)for a law practice that is a law firm—a partner in the law practice; or
(iii)for a law practice that is an incorporated legal practice—a legal practitioner director in the practice; or
(iv)for a multidisciplinary partnership—a legal practitioner partner in the practice; or
(v)an employee of, or consultant to, the law practice; or
(b)an agent of the law practice who is not an Australian legal practitioner; or
(c)an employee of, or a person paid in connection with, the law practice who is not an Australian legal practitioner; or
(d)an Australian-registered foreign lawyer who is a partner in the law practice; or
(e)a person (other than an Australian legal practitioner) who is a partner in a multi-disciplinary partnership; or
(f)a person (other than an Australian legal practitioner) who shares the receipts, revenue or other income arising from the legal practice; or
(g)an Australian-registered foreign lawyer who has a relationship with the law practice of a kind prescribed by regulation.
lay associate, of a law practice or a local legal practitioner, means an associate of the practice or legal practitioner who is not an Australian legal practitioner.
legal practitioner associate, of a law practice, means an associate of the practice who is an Australian legal practitioner.
principal, of a law practice, means an Australian legal practitioner who is—
(a)for a law practice constituted by a sole practitioner—the sole practitioner; or
(b)for a law practice that is a law firm—a partner in the law practice; or
(c)for a law practice that is an incorporated legal practice—a legal practitioner director in the practice; or
(d)for a multidisciplinary partnership—a legal practitioner partner in the practice.
What is the home jurisdiction?
(1)This section has effect for this Act.
(2)The home jurisdiction of an Australian legal practitioner is the jurisdiction in which the practitioner’s only or most recent Australian practising certificate was granted.
(3)The home jurisdiction of an Australian-registered foreign lawyer is the jurisdiction in which the lawyer’s only or most recent registration was granted.
(4)The home jurisdiction of an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer is—
(a)if only 1 jurisdiction is the home jurisdiction of the only associate of the practice who is an Australian legal practitioner or for all the associates of the practice who are Australian legal practitioners—that jurisdiction; or
(b)if no 1 jurisdiction is the home jurisdiction of all the associates of the practice who are Australian legal practitioners—
(i)the jurisdiction in which the office is situated where the associate performs most of the associate’s duties for the law practice; or
(ii)if a jurisdiction cannot be decided under subparagraph (i)—the jurisdiction in which the associate is enrolled under a law of the jurisdiction to vote at elections for the jurisdiction; or
(iii)if a jurisdiction can be decided under neither subparagraph (i) nor subparagraph (ii)—the jurisdiction decided in accordance with criteria prescribed by regulation.
Suitability matters
(1)Each of the following is a suitability matter for an individual:
(a)whether the person is currently of good fame and character;
(b)whether the person is or has been an insolvent under administration;
(c)whether the person is, or was, a legal practitioner director of an incorporated legal practice while the practice is or was a Chapter 5 body corporate;
(d)whether the person has been convicted of an offence in Australia or a foreign country, and if so—
(i)the nature of the offence; and
(ii)how long ago the offence was committed; and
(iii)the person’s age when the offence was committed;
Note 1The admission rules may make provision for the convictions that must be disclosed by an applicant and those that need not be disclosed.
Note 2Section 13 (References to conviction and quashing of conviction) provides that reference to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded.
(e)whether the person engaged in legal practice in Australia—
(i)when not admitted, or not holding a practising certificate, as required under this Act or a previous territory law that corresponds to this Act or under a corresponding law; or
(ii)if the person was admitted—in contravention of a condition of admission; or
(iii)if the person held an Australian practising certificate— in contravention of a condition of the certificate or while the certificate was suspended;
(f)whether the person has practised law in a foreign country—
(i)when not permitted under a law of that country to do so; or
(ii)if permitted to do so, in contravention of a condition of the permission;
(g)whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following:
(i)this Act or a previous territory law that corresponds to this Act;
(ii)a corresponding law or corresponding foreign law;
(h)whether the person—
(i)is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or
(ii)has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt;
(i)whether the person’s name has been removed from—
(i)a local roll, and has not since been restored to or entered on a local roll; or
(ii)an interstate roll, and has not since been restored to or entered on an interstate roll; or
(iii)a foreign roll;
(j)whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country;
(k)whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts;
(l)whether, under this Act, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person;
(m)whether the person is or has been subject to an order, under this Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice;
(n)whether the person currently is unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner.
(2)A matter is a suitability matter even if it happened before the commencement of this section.
Information notices
For this Act, an information notice is a written notice to a person about a decision stating—
(a)the decision; and
(b)the reasons for the decision; and
(c)the rights of appeal or review available to the person in relation to the decision and the period within which an appeal or review must be made or applied for.
References to conviction and quashing of conviction
(1)A reference in this Act to a conviction includes a reference to a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded.
NoteFound guilty is defined in the Legislation Act, dict.
(2)Without limiting subsection (1), a reference in this Act to the quashing of a conviction for an offence includes a reference to the quashing of—
(a)a finding of guilt in relation to the offence; or
(b)the acceptance of a guilty plea in relation to the offence.
(3)However, a reference in this Act to the quashing of a conviction for an offence does not include a reference to the quashing of a conviction if—
(a)a finding of guilt in relation to the offence remains unaffected; or
(b)the acceptance of a guilty plea in relation to the offence remains unaffected.
Chapter 2General requirements for engaging in legal practice
Part 2.1Preliminary—ch 2
Simplified outline—ch 2
(1)This chapter sets out general requirements for engaging in legal practice in the ACT.
(2)The following is a general outline of the contents of this chapter:
(a)part 2.2 provides for the reservation of legal work and legal titles to properly qualified entities;
(b)part 2.3 sets out the qualifications and procedure for admission to legal practice in the ACT;
(c)part 2.4 provides for the grant, renewal, amendment, suspension and cancellation of practising certificates in the ACT and sets out the entitlements of holders of interstate practising certificates to engage in legal practice in the ACT;
(d)part 2.5 provides a scheme for notification of and response to action taken by courts and other authorities in the ACT and other jurisdictions regarding admission to the legal profession and the right to engage in legal practice;
(e)part 2.6 regulates the provision of legal services in the ACT by corporations and by partnerships that provide legal services and nonlegal services;
(f)part 2.7 regulates the practice of the law of a foreign country in the ACT;
(g)part 2.8 regulates the provision of legal services in the ACT by community legal centres.
(3)Subsection (2) is intended only as a guide to the general scheme of this chapter.
Part 2.2Reservation of legal work and legal titles
Purposes—pt 2.2
The purposes of this part are as follows:
(a)to protect the public interest in the proper administration of justice by ensuring that legal work is carried out only by people who are properly qualified to do so;
(b)to protect consumers by ensuring that people carrying out legal work are entitled to do so.
Prohibition on engaging in legal practice if not entitled
(1)A person commits an offence if—
(a)the person engages in legal practice in the ACT; and
(b)the person is not an Australian legal practitioner.
Maximum penalty: 100 penalty units.
Examples of engaging in legal practice
1 preparing a will or other testamentary instrument
2 preparing an instrument creating or regulating rights between people
3 preparing an instrument relating to property or a legal proceeding
4 acting as advocate for someone in a proceeding before a court or tribunal
5 preparing papers to be used in support of, or opposition to, an application for the grant of probate or letters of administration
(2)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant did not engage in the legal practice for fee, gain or reward.
(3)Subsection (1) does not apply to engaging in legal practice of the following kinds:
(a)legal practice engaged in under a territory law or a law of the Commonwealth;
(b)legal practice engaged in by an incorporated legal practice in accordance with part 2.6 (Incorporated legal practices and multidisciplinary partnerships);
(c)the practice of foreign law by an Australian-registered foreign lawyer in accordance with part 2.7 (Legal practice—foreign lawyers);
(d)legal practice engaged in by a complying community legal centre;
NoteFor the meaning of complying community legal centre, see s 208.
(e)legal practice prescribed by regulation.
(4)Subsection (1) also does not apply to—
(a)an employee providing legal services to their employer or a related entity if the employee—
(i)acts in the ordinary course of their employment; and
(ii)receives no fee, gain or reward for acting other than their ordinary remuneration as an employee; or
(b)an agent or assistant property agent under the Agents Act 2003 inserting details mentioned in that Act, section 89B (1) (a) or (b) into a proposed contract to which that subsection applies; or
(c)a public employee, a member of the Australian Public Service or a member of the defence force preparing an instrument, or carrying out any other activity, in the course of their duties; or
(d)an employee of a trustee company under the Trustee Companies Act 1947 preparing a will, or carrying out any other activity, in the course of their duties; or
(e)a person declared exempt from subsection (1) under a regulation.
(5)Subsection (1) has effect subject to any territory law or law of the Commonwealth that authorises a person to engage in conduct that is engaging in legal practice.
(6)A person is not entitled to recover any amount in relation to anything the person did in contravention of subsection (1).
(7)A person may recover from someone else, as a debt owing to the person, any amount the person paid to the other person in relation to anything the other person did in contravention of subsection (1).
(8)A regulation may make provision in relation to the application (with or without change) of provisions of this Act to people engaged in legal practice of a kind mentioned in subsection (3) (other than paragraphs (a) and (b)) or people mentioned in subsection (4).
(9)In this section:
fee, gain or reward means any form of, and any expectation of, a fee, gain or reward.
Prohibition on representing or advertising entitlement to engage in legal practice if not entitled
(1)A person commits an offence if—
(a)the person represents or advertises that the person is entitled to engage in legal practice; and
(b)the person is not an Australian legal practitioner.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if—
(a)the person is a director, officer, employee or agent of a corporation; and
(b)the person represents or advertises that the corporation is entitled to engage in legal practice; and
(c)the corporation is not an incorporated legal practice.
Maximum penalty: 50 penalty units.
(3)Subsections (1) and (2) do not apply to a representation or advertisement about being entitled to engage in legal practice of a kind mentioned in section 16 (3) (Prohibition on engaging in legal practice if not entitled).
(4)A reference in this section to—
(a)a person representing or advertising that the person is entitled to engage in legal practice; or
(b)a person representing or advertising that a corporation is entitled to engage in legal practice;
includes a reference to the person doing anything that states or implies that the person or the corporation is entitled to engage in legal practice.
Presumptions about taking or using certain names, titles or descriptions
(1)This section applies to the following names, titles and descriptions:
· lawyer
· legal practitioner
· barrister or counsel
· solicitor or attorney
· Queen’s Counsel, King’s Counsel, Her Majesty’s Counsel, His Majesty’s Counsel or Senior Counsel.
(2)A regulation may prescribe the kind of people who are entitled, and the circumstances in which they are entitled, to take or use a name, title or description to which this section applies.
(3)For section 17 (1) (Prohibition on representing or advertising entitlement to engage in legal practice if not entitled), the taking or using of a name, title or description to which this section applies by someone who is not entitled to take or use it, or in circumstances in which someone is not entitled to take or use it, gives rise to a rebuttable presumption that the person represented that the person is entitled to engage in legal practice.
Contravention of pt 2.2 by Australian lawyers who are not legal practitioners
(1)A contravention of this part by an Australian lawyer who is not an Australian legal practitioner can be unsatisfactory professional conduct or professional misconduct.
(2)This part does not affect any liability that a person who is an Australian lawyer but not an Australian legal practitioner may have under chapter 4 (Complaints and discipline), and the person may be punished for an offence against this part as well as being dealt with under chapter 4 in relation to the same matter.
Part 2.3Admission of local lawyers
Division 2.3.1 Preliminary—pt 2.3
Purposes—pt 2.3
The purposes of this part are as follows:
(a)in the interests of the administration of justice and for the protection of consumers of legal services, to provide a system under which only applicants who have appropriate academic qualifications and practical legal training and who are otherwise fit and proper people to be admitted are qualified for admission to the legal profession in the ACT;
(b)to provide for the recognition of equivalent qualifications and training that make applicants eligible for admission to the legal profession in other jurisdictions.
Division 2.3.2 Eligibility and suitability for admission
Eligibility for admission
(1)A person is eligible for admission to the legal profession under this Act only if the person is an individual aged 18 years or over and—
(a)the person has attained—
(i)approved academic qualifications; or
(ii)corresponding academic qualifications; and
(b)the person has satisfactorily completed—
(i)approved practical legal training requirements; or
(ii)corresponding practical legal training requirements.
(2)The admission rules must not require a person to satisfactorily complete before admission a period of supervised training that exceeds in length a period or periods equivalent to 1 full-time year (as decided in accordance with the admission rules).
(3)The Supreme Court may exempt a person from the requirements of subsection (1) (a) or (b) if satisfied that the person has, to an extent sufficient to be eligible for admission—
(a)academic qualifications; or
(b)relevant experience in legal practice or relevant service with a government agency.
(4)An exemption under subsection (3) may be made subject to a condition that the person is to obtain further qualifications or training.
(5)In this section:
approved academic qualifications means academic qualifications that are approved, under the admission rules, for admission to the legal profession in the ACT.
approved practical legal training requirements means legal training requirements that are approved, under the admission rules, for admission to the legal profession in the ACT.
corresponding academic qualifications means academic qualifications that would qualify the person for admission to the legal profession in another jurisdiction if the admissions board is satisfied that substantially the same minimum criteria apply for the approval of academic qualifications for admission in the other jurisdiction as apply in the ACT.
corresponding practical legal training requirements means legal training requirements that would qualify the person for admission to the legal profession in another jurisdiction if the admissions board is satisfied that substantially the same minimum criteria apply for the approval of legal training requirements for admission in the other jurisdiction as apply in the ACT.
Suitability for admission
(1)In deciding if a person is a fit and proper person to be admitted to the legal profession under this Act, the Supreme Court or admissions board must consider each of the suitability matters in relation to the person to the extent a suitability matter is appropriate.
(2)Subsection (1) does not limit the relevant matters that the Supreme Court or admissions board may consider.
(3)However, the Supreme Court or admissions board may decide that a person is a fit and proper person to be admitted to the legal profession under this Act despite a suitability matter because of the circumstances relating to the matter.
Early consideration of suitability for admission
(1)In this section:
applicant for admission means an applicant for admission to the legal profession under this Act.
prospective applicant for admission means a person who is undertaking, is eligible to undertake, or has completed, a course of legal studies but who is not an applicant for admission.
relevant person means—
(a)an applicant for admission; or
(b)a prospective applicant for admission; or
(c)anyone else who has a sufficient interest in applying for a declaration under this section.
(2)A relevant person may apply to the admissions board for a declaration that a matter (for example, a suitability matter) disclosed either in—
(a)the application for the declaration; or
(b)an undecided application for admission to the legal profession under this Act;
will not, without more, adversely affect an assessment by the board about whether the person is a fit and proper person to be admitted.
(3)The admissions board must consider each application under this section and, subject to section 24, make the declaration sought or refuse to make it.
(4)A declaration under subsection (3) is binding on the admissions board unless the applicant failed to make a full and fair disclosure of all matters relevant to the declaration.
Referral of matters to Supreme Court
(1)The admissions board may refer to the Supreme Court an application under section 23 if, in the board’s opinion, it would be appropriate for the court to consider the application having regard to the seriousness of matters disclosed by or found out about the applicant.
(2)The Supreme Court has the same powers as the admissions board to deal with the application and its decision on the application is taken to be a decision of the board.
(3)On a referral under this section, the Supreme Court may make the order or declaration that it considers appropriate.
(4)An order or declaration under subsection (3) is binding on the admissions board unless the applicant failed to make a full and fair disclosure of all matters relevant to the order or declaration.
Appeal to Supreme Court on refusal of declaration
(1)If a declaration sought under section 23 (Early consideration of suitability for admission) is refused by the admissions board, the applicant may appeal to the Supreme Court against the refusal.
(2)An appeal under this section is by way of rehearing, and fresh evidence or evidence in addition to, or in substitution for, the evidence before the admissions board may be given on the appeal.
(3)On an appeal under this section, the Supreme Court may make the order or declaration that it considers appropriate.
(4)An order or declaration under subsection (3) is binding on the admissions board unless the applicant failed to make a full and fair disclosure of all matters relevant to the order or declaration.
NoteSee the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Division 2.3.3 Admission to legal profession
Admission
(1)A person may apply to the Supreme Court to be admitted as a lawyer.
(2)The Supreme Court may admit the person as a lawyer if satisfied that the person—
(a)is eligible for admission to the legal profession; and
(b)is a fit and proper person to be admitted to the legal profession.
(3)The Supreme Court may refuse—
(a)to consider the application if it is not made in accordance with the admission rules; or
(b)to admit the person if the person has not complied with the admission rules.
(4)In making a decision under this section in relation to the application, the Supreme Court must consider, and may rely on, the admissions board’s advice in relation to the application.
(5)The advice of the admissions board may be contained in a compliance certificate.
Roll of people admitted to legal profession
(1)The Supreme Court must keep a roll of people admitted to the legal profession under this Act (the local roll).
(2)When a person is admitted under this Act, the person’s name must be entered on the local roll in accordance with the admission rules.
(3)A person admitted under this Act must sign the local roll.
(4)The admission of a person under this Act is effective from the time the person signs the local roll.
(5)The registrar must forward to the relevant council the name and date of admission of each person admitted under this Act as soon as practicable after the person has signed the local roll.
Local lawyer is officer of Supreme Court
(1)A person becomes an officer of the Supreme Court on being admitted as a lawyer under this Act.
(2)A person ceases to be an officer of the Supreme Court under subsection (1) if the person’s name is removed from the local roll.
Division 2.3.4 Functions and powers of admissions board
Admissions board to advise on application for admission
(1)The role of the admissions board is to advise the Supreme Court whether or not the admissions board considers—
(a)an applicant for admission to the legal profession is—
(i)eligible for admission; and
(ii)a fit and proper person to be admitted, including having regard to all suitability matters in relation to the applicant to the extent appropriate; and
(b)the application is in accordance with the admission rules.
(2)This section does not limit any other functions of the admissions board under a territory law.
Compliance certificates by admissions board
(1)Subsection (2) applies if, after considering an application for admission to the legal profession, the admissions board considers—
(a)the applicant is—
(i)eligible for admission; and
(ii)a fit and proper person to be admitted; and
(b)the application is in accordance with the admission rules; and
(c)there are no grounds for refusing to give a certificate of the matters mentioned in paragraphs (a) and (b) (a compliance certificate).
(2)The admissions board must, within the time required by the admission rules—
(a)tell the Supreme Court its decision by filing a compliance certificate; and
(b)give a copy of the compliance certificate to the bar council and law society council.
(3)If the admissions board refuses to give a compliance certificate to an applicant for admission to the legal profession, the board must—
(a)tell the Supreme Court its decision by filing a statement about the decision and the reasons for the decision; and
(b)give a copy of the statement to the bar council and law society council; and
(c)give an information notice to the applicant.
Consideration of applicant’s eligibility and suitability for admission
(1)To help it consider whether or not an applicant is eligible for admission to the legal profession under this Act or is a fit and proper person to be admitted under this Act, the admissions board may, by written notice to the applicant, require the applicant—
(a)to give it stated documents or information; or
(b)to cooperate with any inquiries by the board that it considers appropriate.
(2)An applicant’s failure to comply with a notice under subsection (1) within the reasonable period, and in the reasonable way, (if any) required by the notice is a ground for refusing to give a compliance certificate for the applicant.
(3)The admissions board may refer a matter to the Supreme Court for directions.
Division 2.3.5 Miscellaneous—pt 2.3
Admissions board is respondent to applications under pt 2.3
The admissions board is taken to be a respondent to every application under this part not made by it.
Part 2.4Legal practice by Australian legal practitioners
Division 2.4.1 Preliminary—pt 2.4
Purposes and application—pt 2.4
(1)The purposes of this part are as follows:
(a)to facilitate the national practice of law by ensuring that Australian legal practitioners can engage in legal practice in the ACT and to provide for the certification of Australian lawyers whether or not admitted in the ACT;
(b)to provide a system for the grant and renewal of local practising certificates.
(2)A regulation may provide that a provision of this part applies with prescribed changes to—
(a) a government lawyer in relation to the lawyer’s official functions as a government lawyer; or
(b)an in-house lawyer for a corporation in relation to the provision of in-house legal services for the corporation (or a related body corporate).
(3)In this section:
in-house lawyer means an Australian lawyer who—
(a)is employed by a corporation, that is not an incorporated legal practice; and
(b)provides only in-house legal services to the corporation (or a related body corporate).
Division 2.4.2 Legal practice in ACT by Australian legal practitioners
Entitlement of holder of Australian practising certificate to practise in ACT
An Australian legal practitioner is, subject to this Act, entitled to engage in legal practice in the ACT.
Division 2.4.3 Local practising certificates generally
Amendment history
Commencement
s 2om LA s 89 (4)
Terms relating to associates and principals of law practices
s 9am A2007‑28 s 4, s 5
Suitability matters
s 11am A2021-3 s 20; pars renum R39 LA
Prohibition on engaging in legal practice if not entitled
s 16am A2022‑8 amdt 1.7; A2022‑14 amdt 3.146
Eligibility for admission
s 21am A2007‑39 amdt 3.97; A2008‑29 amdt 1.23
Appeal to Supreme Court on refusal of declaration
s 25am A2006‑40 amdt 2.119
Local lawyer is officer of Supreme Court
s 28am A2007‑28 s 6
Purposes and application—pt 2.4
s 33am A2017‑14 s 30, s 31; A2022‑14 amdt 3.147
Local practising certificates
s 35am A2014‑17 amdt 1.25
Suitability to hold local practising certificate
s 36am A2007‑28 s 7, s 8; A2008‑36 amdt 1.370; A2014‑17 amdt 1.26, amdt 1.27
Duration of local practising certificate
s 37am A2014‑17 amdt 1.28
Conditions on practising certificate—government lawyer and in-house lawyer
s 38sub A2007‑28 s 9
am A2008‑29 amdt 1.24; A2014‑17 amdt 1.29; A2017‑14 ss 32-34
Continuing obligation for professional indemnity insurance for local practising certificate
s 39om A2007‑28 s 9
Application for grant or renewal of local practising certificate
s 41am A2007‑28 ss 10-15; pars renum R7 LA; A2014‑17 amdt 1.30; A2022‑14 amdt 3.148; A2025‑29 amdt 4.112
Grant or renewal of unrestricted or restricted practising certificate
s 44am A2007‑28 s 16; A2014‑17 amdts 1.31-1.33
Grant or renewal of barrister practising certificate
s 45am A2007‑28 s 17
sub A2014‑17 amdt 1.34
Conditions on local practising certificates generally
s 46am A2008‑36 amdt 1.371 A2014‑17 amdt 1.35
Conditions imposed on local practising certificate by relevant council
s 47 hdgam A2014‑17 amdt 1.36
s 47am A2007‑28 ss 18-20; A2010‑50 amdt 1.12; A2014‑17 amdts 1.37-1.40; ss renum R27 LA
Statutory condition on local practising certificate about notification of offence
s 51am A2025‑29 amdt 4.112
Compliance with conditions of local practising certificate
s 53am A2007‑28 s 21
Amending, suspending or cancelling local practising certificate
s 56am A2007‑28 ss 22-26; A2014‑17 amdt 1.41
Other ways of amending or cancelling local practising certificate
s 58am A2007‑28 s 27; ss renum R7 LA
Relationship of div 2.4.6 with ch 4
s 59am A2007‑28 s 28
Applicant for local practising certificate—show-cause event
s 60am A2007‑28 s 29; ss renum R7 LA; A2022‑14 amdt 3.149
Holder of local practising certificate—show-cause event
s 61am A2022‑14 amdt 3.149; A2025‑29 amdt 4.112
Refusal to grant or renew unrestricted or restricted practising certificate—failure to show cause etc
s 62am A2014‑17 amdt 1.42
Refusal to grant or renew barrister practising certificate—failure to show cause etc
s 63am A2014‑17 amdts 1.43-1.45
Restriction on further applications for local practising certificate after refusal to grant or renew
s 65am A2014‑17 amdts 1.46-1.48; ss renum R27 LA
Relationship of div 2.4.7 with pt 4.4 and ch 6
s 67am A2007‑28 s 30
Return of local practising certificate
s 71am A2008‑36 amdt 1.372
Professional indemnity insurance—interstate legal practitioners
s 72am A2007‑28 ss 31-34; A2017‑14 s 35
Special provisions about interstate legal practitioner engaging in unsupervised legal practice in ACT
s 75am A2007‑28 s 35
Protocols with regulatory authorities
s 77am A2007‑28 s 36; A2025‑29 amdt 4.112
Investigation of practising certificate applicants or holders etc
s 78am A2007‑28 s 37; A2014‑17 amdt 1.49
Register of local practising certificates
s 79am A2014‑17 amdt 1.50, amdt 1.51
Appeals against decisions of relevant council
s 81 hdgam A2014‑17 amdt 1.52
s 81am A2006‑40 amdt 2.119, amdt 2.120; A2014‑17
amdts 1.53-1.59; pars renum R27 LA
Government lawyers generally
s 82am A2007‑28 s 38, s 39; A2022‑14 amdt 3.150
Government lawyers of other jurisdictions
s 83am A2007‑28 s 40, s 41; A2022‑14 amdt 3.150
Determination of fees by law society council and bar council
s 84am A2014‑17 amdt 1.60; pars renum R27 LA; A2025‑29 amdt 4.112
Official notice to other jurisdictions of removals from local roll
s 88am A2007‑28 s 42, s 43
Licensing body to give notice to other jurisdictions of certain matters
s 89om A2014‑17 amdt 1.61
Relevant council to give notice to other jurisdictions of certain matters
s 90am A2014‑17 amdt 1.62
Lawyer to give notice of removal in another jurisdiction
s 91 hdgsub A2007‑28 s 44
s 91am A2007‑28 ss 45-47
Lawyer to give notice of foreign regulatory action
s 92Ains A2007‑28 s 48
Provisions applying to notices under div 2.5.3
s 93 hdgsub A2007‑28 s 49
s 93am A2007‑28 s 50
Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction
s 94am A2007‑28 s 51; A2022‑14 amdt 3.151
Peremptory cancellation of local practising certificate following removal of name from interstate roll
s 95am A2007‑28 s 52
Show-cause procedure for removal of lawyer’s name from local roll following foreign regulatory action
s 96sub A2007‑28 s 53
am A2014‑18 amdt 3.59; A2022‑14 amdt 3.152
Show-cause procedure for cancellation of local practising certificate following foreign regulatory action
s 97sub A2007‑28 s 53
am A2014‑18 amdt 3.59; A2022‑14 amdt 3.153
Order for non-removal of name or non-cancellation of local practising certificate
s 97Ains A2007‑28 s 53
am A2022‑14 amdt 3.154
Definitions—pt 2.6
s 99def disqualified person om A2007‑28 s 54
def related body corporate om A2017‑14 s 36
Nature of incorporated legal practice
s 101am A2016‑13 amdt 1.89
Notice of intention of corporation to start providing legal services
s 104am A2025‑29 amdt 4.112
Notice of corporation ceasing to engage in legal practice etc
s 106am A2025‑29 amdt 4.112
Incorporated legal practice must have legal practitioner director etc
s 107am A2007‑28 s 55, s 56; ss renum R7 LA
Obligations of legal practitioner director relating to misconduct—incorporated legal practices
s 108am A2007‑28 s 57; ss renum R7 LA; A2022‑14 amdt 3.155
Disclosure obligations—incorporated legal practices
s 113am A2014‑18 amdt 3.60
Advertising requirements—incorporated legal practices
s 116am A2007‑28 s 58
Sharing of receipts, revenue or other income—incorporated legal practices
s 118 hdgsub A2007‑28 s 59
s 118am A2007‑28 s 60
Disqualified people—incorporated legal practices
s 119am A2007‑28 s 61
Audit of incorporated legal practices
s 120am A2007‑28 s 62
External administration proceedings under Corporations Act
s 125am A2018‑42 amdt 3.71, amdt 3.72; A2021-3 s 21
Notice of starting practice in multidisciplinary partnership
s 136am A2025‑29 amdt 4.112
Actions of partner of multidisciplinary partnership who is not Australian legal practitioner
s 139am A2022‑14 amdt 3.156
Disclosure obligations—multidisciplinary partnerships
s 142am A2014‑18 amdt 3.60
Sharing of receipts, revenue or other income—multidisciplinary partnerships
s 146 hdgsub A2007‑28 s 63
s 146am A2007‑28 s 64
Disqualified people—multidisciplinary partnerships
s 147am A2007‑28 s 65, s 66
Definitions—pt 2.7
s 152def commercial legal presence om A2007‑28 s 67
def licensing body om A2014‑17 amdt 1.63
Requirement for registration to practice foreign law
s 155am A2007‑28 s 68
Application of Australian professional ethical and practice standards to practice of foreign law
s 159am A2007‑28 s 69
Designation of Australian-registered foreign lawyers
s 160am A2014‑17 amdt 1.64
Advertising by Australian-registered foreign lawyers
s 162am A2007‑28 s 70; A2014‑17 amdt 1.64
Trust money and trust accounts—Australian-registered foreign lawyers
s 164am A2007‑28 s 71, s 72
Professional indemnity insurance—Australian-registered foreign lawyers
s 165am A2007‑28 ss 73-75; ss renum R7 LA
Duration of registration—foreign lawyers
s 168am A2014‑17 amdt 1.64
Application for grant or renewal of registration as foreign lawyer
s 170am A2014‑17 amdt 1.64; A2025‑29 amdt 4.112
Approved form for grant or renewal application—foreign lawyers
s 171am A2007‑28 s 76; A2014‑17 amdt 1.64, amdt 1.65
Requirements for applications for grant or renewal of registration—foreign lawyers
s 172am A2007‑28 ss 77-80; A2011‑52 amdt 3.130; A2012‑21 amdt 3.104; A2014‑17 amdts 1.66-1.68; A2016‑18 amdt 3.118
Grant or renewal of registration as foreign lawyer
s 173am A2007‑28 s 81, s 82; A2014‑17 amdt 1.68
Requirement to grant or renew registration as foreign lawyer if criteria satisfied
s 174am A2007‑28 s 83; A2014‑17 amdt 1.68
Refusal to grant or renew registration as foreign lawyer
s 175am A2007‑28 s 84; A2008‑36 amdt 1.373; A2014‑17 amdt 1.68
Grounds for amending, suspending or cancelling registration of foreign lawyer
s 177am A2007‑28 s 85, s 86; A2014‑17 amdt 1.68
Amending, suspending or cancelling registration of foreign lawyer
s 178am A2007‑28 ss 87-91; A2014‑17 amdts 1.69-1.71
Operation of amendment, suspension or cancellation of registration of foreign lawyer
s 179am A2014‑17 amdt 1.71
Other ways of amending or cancelling registration of foreign lawyer
s 180am A2014‑17 amdt 1.71
Relationship of div 2.7.6 with ch 4
s 181am A2007‑28 s 92
Applicant for local registration as foreign lawyer—show-cause event
s 182am A2014‑17 amdt 1.71; A2022‑14 amdt 3.156
Locally-registered foreign lawyer—show-cause event
s 183am A2014‑17 amdt 1.71; A2022‑14 amdt 3.156; A2025‑29 amdt 4.112
Refusal, amendment, suspension or cancellation of local registration as foreign lawyer—failure to show cause etc
s 184am A2014‑17 amdt 1.71
Restriction on making further applications for registration as foreign lawyer
s 185am A2014‑17 amdt 1.71
Relationship of div 2.7.7 with pt 4.4 and ch 6
s 186am A2014‑17 amdt 1.71
Immediate suspension of registration as foreign lawyer
s 187am A2014‑17 amdt 1.71
Surrender of local registration certificate and cancellation of registration as foreign lawyer
s 188am A2014‑17 amdt 1.71
Return of local registration certificate
s 191am A2014‑17 amdt 1.71
Conditions on local registration generally
s 192am A2008‑36 amdt 1.374; A2014‑17 amdt 1.71
Conditions imposed on local registration by relevant council
s 193 hdgam A2014‑17 amdt 1.71
s 193am A2014‑17 amdt 1.71
Imposition and amendment of conditions on local registration pending criminal proceedings
s 194am A2008‑36 amdt 1.375; A2014‑17 amdt 1.71
Statutory condition on local registration about notification of offence
s 195am A2014‑17 amdt 1.71; A2025‑29 amdt 4.112
Extent of entitlement of interstate-registered foreign lawyer to practise in ACT
s 198am A2014‑17 amdt 1.71, amdt 1.72
Additional conditions on practice of interstate-registered foreign lawyers
s 199am A2014‑17 amdt 1.73
Investigation of applicants and locally-registered foreign lawyers etc
s 200am A2007‑28 s 93; A2014‑17 amdt 1.73
Register of locally-registered foreign lawyers
s 201am A2014‑17 amdt 1.73, amdt 1.74
Publication of information about locally-registered foreign lawyers
s 202am A2014‑17 amdt 1.75
Supreme Court orders about conditions—Australian‑registered foreign lawyers
s 203am A2014‑17 amdt 1.75
Exemption of Australian‑registered foreign lawyers by relevant council
s 204 hdgam A2014‑17 amdt 1.75
s 204am A2014‑17 amdt 1.75
Determination of fees by relevant council
s 206 hdgam A2014‑17 amdt 1.75
s 206am A2014‑17 amdt 1.75; A2025‑29 amdt 4.112
Appeals or reviews
s 207am A2006‑40 amdt 2.121; A2007‑28 s 94; A2014‑17 amdt 1.75
What is a complying community legal centre?
s 208am A2014‑17 amdt 1.76
Definitions—pt 3.1
s 210am A2007‑28 s 99
s 210 (1)def controlled money am A2007‑28 s 95
def deposit record ins A2007‑28 s 96
s 210 (2)def approved ADI am A2014‑17 amdt 1.77
def controlled money account am A2007‑28 s 97
def trust records am A2007‑28 s 98
Purposes—pt 3.1
s 211am A2014‑17 amdt 1.78
Money involved in financial services or investments
s 212am A2007‑28 s 100; A2025‑29 amdt 3.182, amdt 1.183
Determinations about status of money
s 213am A2014‑17 amdt 1.78; A2025‑29 amdt 4.112
Protocols for deciding where trust money is received
s 215am A2014‑17 amdt 1.78; A2025‑29 amdt 4.112
When money is received by law practice
s 216am A2007‑28 s 101
Keeping of general trust account
s 221am A2007‑28 s 102
Certain trust money to be deposited in general trust account
s 222am A2007‑28 ss 103-105; ss renum R7 LA; A2014‑17 amdt 1.79, amdt 1.80; ss renum R27 LA
Way of withdrawing trust money from general trust account
s 223Ains A2007‑28 s 106
Way of withdrawing controlled money from controlled money account
s 224Ains A2007‑28 s 107
Transit money
s 225am A2007‑28 s 108
Trust money subject to specific powers
s 226am A2007‑28 ss 109-111
Trust money received in form of cash
s 226Ains A2007‑28 s 112
Intermixing money
s 228am A2014‑17 amdt 1.81
Dealing with trust money—legal costs and unclaimed money
s 229am A2007‑28 ss 113-116
Reporting certain irregularities etc
s 231am A2014‑17 amdt 1.81
Appointment of investigators
s 234am A2009‑47 s 4; A2014‑17 amdt 1.81
Investigator’s report
s 237am A2014‑17 amdt 1.81
Costs of investigation
s 239am A2006‑40 amdt 2.122, amdt 2.123; A2007‑28 s 117; ss renum R7 LA; A2014‑17 amdt 1.81; A2022‑14 amdt 3.157
Designation of external examiners
s 240am A2014‑17 amdt 1.81
Trust records to be externally examined
s 241sub A2007‑28 s 118
am A2014‑17 amdt 1.81
Appointment of external examiners by licensing body
s 242om A2007‑28 s 118
Designation and appointment of associates as external examiners
s 243am A2014‑17 amdt 1.81
Final examination of trust records
s 244am A2014‑17 amdt 1.81; A2025‑29 amdt 4.112
Carrying out examinations
s 246am A2014‑18 amdt 3.61
External examiner’s report
s 247am A2014‑17 amdt 1.81
Costs of examination
s 249am A2006‑40 amdt 2.124, amdt 2.125; A2008‑28 amdt 1.6; A2014‑17 amdt 1.81
Approval of ADIs for pt 3.1
s 250am A2014‑17 amdt 1.81
Reports, records and information by ADIs
s 252am A2007‑28 s 119; A2014‑17 amdt 1.81
Statutory deposits
s 253am A2007‑28 s 120; A2008‑37 amdt 1.292
Application of pt 3.1 to incorporated legal practices and multidisciplinary partnerships
s 255am A2007‑28 s 121, s 122; ss renum R7 LA
Disclosure—money not received as trust money
s 257am A2007‑28 s 123
Disclosure of accounts used to hold money entrusted to legal practitioners
s 258am A2014‑17 amdt 1.81
Unclaimed trust money
s 259am A2013‑11 amdt 1.14, amdt 1.15; A2016‑13 amdt 1.90
Regulations and legal profession rules—pt 3.1
s 260sub A2007‑28 s 124
am A2014‑17 amdt 1.81
Costs disclosure and assessment
pt 3.2 hdgsub A2007‑28 s 125
Definitions—pt 3.2
s 261def client om A2007‑28 s 126
def costs review sub A2007‑28 s 127
def itemised bill am A2007‑28 s 128
def public authority ins A2007‑28 s 129
def sophisticated client ins A2007‑28 s 130
def third party payer ins A2007‑28 s 130
defuplift fee sub A2007‑28 s 131
Terms relating to third party payers
s 261Ains A2007‑28 s 132
Purposes—pt 3.2
s 262am A2007‑28 s 133
Pt 3.2 also applies by agreement or at client’s election
s 264am A2007‑28 ss 134-136; ss renum R7 LA
Displacement of pt 3.2
s 265am A2007‑28 s 137
How and where does a client first instruct a law practice?
s 266sub A2007‑28 s 138
What happens when different laws apply to a matter?
s 268am A2007‑28 s 139
Disclosure of costs to clients
s 269am A2007‑28 ss 140-147; ss and pars renum R7 LA; A2014‑17 amdt 1.81
Disclosure if another law practice is to be retained
s 270am A2007‑28 s 148
How and when must disclosure be made to a client?
s 271 hdgsub A2007‑28 s 149
s 271am A2007‑28 s 150
Exceptions to requirement for disclosure
s 272am A2007‑28 ss 151-154; A2022‑14 amdt 3.158
Additional disclosure—uplift fees
s 274sub A2007‑28 s 155
Form of disclosure
s 275am A2007‑28 s 156
Effect of failure to disclose
s 277am A2007‑28 s 157; ss renum R7 LA
Progress reports
s 278am A2007‑28 s 158; A2015‑11 amdt 1.28
Disclosure to associated third party payers
s 278A(prev s 281A) ins A2007‑28 s 163
reloc and renum as s 278A A2015‑11 amdt 1.29
On what basis are legal costs recoverable?
s 279am A2007‑28 s 159
Interest on unpaid legal costs
s 281am A2007‑28 ss 160-162
Disclosure to associated third party payers
s 281Areloc and renum as s 278A
Making costs agreements
s 282am A2007‑28 s 164-166
Conditional costs agreements
s 283am A2007‑28 s 167
Conditional costs agreements involving uplift fee
s 284am A2007‑28 s 168
Contingency fees prohibited
s 285am A2007‑28 s 169
Effect of costs agreement
s 286am A2007‑28 s 170, s 171
Certain costs agreements void
s 287am A2007‑28 s 172; A2011‑52 amdt 3.121
Setting aside costs agreements or provisions of costs agreements
s 288sub A2007‑28 s 173
Bills
s 290am A2007‑28 s 174; ss renum R7 LA; A2009‑49 amdt 3.103
Notification of client’s rights
s 291am A2007‑28 ss 175-177; A2014‑17 amdt 1.81
Request for itemised bill
s 292sub A2007‑28 s 178
am A2008‑28 amdt 3.104
Interim bills
s 293am A2007‑28 s 179
Costs assessment
div 3.2.7 hdg sub A2007‑28 s 180
Definition—div 3.2.7
s 294sub A2007‑28 s 181
def client ins A2007‑28 s 181
Application by client or third party payer for costs assessment
s 294Ains A2007‑28 s 181
Application for costs assessment by law practice retaining another law practice
s 295 hdgsub A2007‑28 s 182
s 295am A2007‑28 s 183, s 184; ss renum R7 LA
Application for costs assessment by law practice giving bill
s 296sub A2007‑28 s 185
Form of application for costs assessment
s 297 hdgam A2007‑28 s 186
s 297am A2007‑28 s 186; A2025‑29 amdt 4.112
Consequences of application for costs assessment
s 298 hdgam A2007‑28 s 186
s 298am A2007‑28 s 186
Procedure on costs assessment
s 299 hdgam A2007‑28 s 186
s 299am A2007‑28 s 186
Criteria for costs assessment
s 300 hdgsub A2007‑28 s 187
s 300am A2007‑28 ss 188-191
Assessment of costs by reference to costs agreement
s 300Ains A2007‑28 s 192
Assessment of costs by reference to scale of costs etc
s 300Bins A2007‑28 s 192
Recovery of assessed costs
s 300Cins A2007‑28 s 192
Costs of costs assessment
s 302sub A2007‑28 s 193
Referring matters to ACAT
s 303am A2007‑28 s 194
sub A2008‑36 amdt 1.376
Legal costs subject to consumer dispute not assessable
s 304 hdgsub A2007‑28 s 195
s 304am A2007‑28 s 196, s 197; A2016‑37 amdt 1.29
Contracting out of div 3.2.7 by sophisticated clients
s 304Ains A2007‑28 s 198
Preliminary—pt 3.3
div 3.3.1 hdg om A2007‑28 s 199
Professional indemnity insurance for insurable legal practitioners
s 311am A2007‑28 s 200; A2014‑17 amdt 1.82
Continuing indemnity insurance
s 312Ains A2007‑28 s 201
Approval of indemnity fund
s 315am A2012‑21 amdt 3.105; A2014‑18 amdt 3.62; A2025‑29 amdt 4.112
Definitions—pt 3.4
s 316def concerted interstate default am A2007‑28 s 202
def default sub A2007‑28 s 203
Purpose—pt 3.4
s 318am A2007‑28 s 204
Meaning of relevant jurisdiction—pt 3.4
s 327am A2007‑28 s 205
Defaults to which pt 3.4 applies
s 328am A2007‑28 s 206, s 207
Defaults relating to financial services or investments
s 329am A2025‑29 amdt 3.184, amdt 3.185
Claims about defaults
s 330am A2012‑21 amdt 3.106; A2016‑18 amdt 3.119. amdt 3.120; A2025‑29 amdt 4.112
Approved form for claims
s 331am A2025‑29 amdt 4.112
Advertisements about defaults by law practices
s 333am A2015‑33 amdts 1.132-1.135; pars renum R29 LA
Claims not affected by certain matters
s 335am A2007‑28 s 208
Claims by law practices or associates about defaults
s 350am A2007‑28 s 209
Claims by law practices or associates about notional defaults
s 351am A2007‑28 s 210
Defaults involving interstate elements if committed by 1 associate only
s 353am A2007‑28 s 211
Protocols—pt 3.4
s 354am A2014‑18 amdt 3.63; A2025‑29 amdt 4.112
Interstate legal practitioner becoming authorised to withdraw from local trust account
s 364am A2014‑18 amdt 3.64
Application of pt 3.4 to sole practitioners whose practising certificates lapse
s 367 hdgsub A2007‑28 s 212
s 367am A2007‑28 s 213, s 214; ss and pars renum R7 LA; A2022‑14 amdt 3.159
Definitions—pt 3.5
s 369def member am A2025‑29 amdt 3.186
def responsible entity am A2025‑29 amdt 3.186
Failure to obtain fidelity insurance for regulated mortgage
s 376am A2014‑17 amdt 1.83
Transfer of mortgages to responsible entity
s 379am A2025‑29 amdt 3.187
Conduct capable of being unsatisfactory professional conduct or professional misconduct
s 389am A2007‑28 s 215; A2008‑36 amdt 1.377
Practitioners to whom ch 4 applies
s 390am A2008‑29 amdt 1.25; A2023-57 amdt 1.11
Further information and verification—complaints
s 396am A2012‑21 amdt 3.106; A2016‑18 amdt 3.121, amdt 3.122
Person to be told about complaint
s 397am A2007‑28 s 216, s 217
Summary dismissal of complaints
s 399am A2007‑28 s 218
Withdrawal of complaints
s 400am A2008‑36 amdt 1.378
Mediation of complaints
s 401am A2008‑36 amdt 1.379
Appointment of investigator for complaint
s 407am A2009‑47 s 5; ss renum R18 LA
Referral of matters for costs assessment—complaint investigation
s 409 hdgsub A2007‑28 s 219
s 409am A2007‑28 ss 220-224
Decision of council after investigation
s 410am A2008‑36 amdt 1.380
Decision of council without investigation
s 411sub A2008‑36 amdt 1.381
Dismissal of complaint
s 412am A2008‑36 amdt 1.382, amdt 1.383
Summary conclusion of complaint procedure by fine etc
s 413am A2008‑36 amdt 1.384; A2017‑38 s 42
Council to give reasons to complainant and practitioner
s 415am A2007‑28 s 225; A2008‑36 amdt 1.385, amdt 1.386
Appeals to ACAT against decisions of relevant council
s 416am A2007‑28 s 226; ss renum R7 LA
sub A2008‑36 amdt 1.387
Complainant and person complained about to be told about action taken
s 418am A2007‑28 s 227, s 228; A2008‑36 amdts 1.388-1.390; ss renum R15 LA
Disciplinary action
pt 4.7 hdgsub A2008‑36 amdt 1.391
Application to ACAT
s 419sub A2008‑36 amdt 1.391
Application of rules of evidence to ACAT—disciplinary action
s 420sub A2008‑36 amdt 1.391
Decisions without hearing
s 420Ains A2007‑28 s 229
om A2008‑36 amdt 1.391
Amendment of complaint application
s 421sub A2008‑36 amdt 1.391
Nature of allegations in complaint applications
s 422sub A2008‑36 amdt 1.391
Parties to application
s 423sub A2008‑36 amdt 1.391
am A2009‑20 amdt 3.117
Restriction on publication of certain identifying material from application
s 423Ains as mod SL2009‑2 mod 3.1 (as ins by SL2009‑51 s 7)
mod lapsed 22 December 2009 (SL2009‑2 mod 3.1 om by A2009‑54 amdt 1.4)
ins A2009‑54 amdt 1.7
ACAT power to disregard procedural lapses
s 424sub A2008‑36 amdt 1.391
ACAT orders—Australian legal practitioners
s 425sub A2008‑36 amdt 1.391
am A2009‑20 amdt 3.118
Dismiss complaint—Australian legal practitioners
s 426sub A2008‑36 amdt 1.391
Restriction on publication of certain identifying material from proceedings
s 426Ains A2007‑28 s 230
om A2008‑36 amdt 1.391
Fines—Australian legal practitioners
s 427sub A2008‑36 amdt 1.391
Interim orders—Australian legal practitioners
s 428sub A2008‑29 amdt 1.26; A2008‑36 amdt 1.391
Arrest warrant for failing to appear
s 428Ains A2008‑29 amdt 1.26
om A2008‑36 amdt 1.391
Executing a warrant
s 428Bins A2008‑29 amdt 1.26
om A2008‑36 amdt 1.391
ACAT orders—employees of solicitors
s 429sub A2008‑36 amdt 1.391
Dismiss complaint—employees of solicitors
s 430am A2007‑28 s 231, s 232
sub A2008‑36 amdt 1.391
Compliance with ACAT orders
s 431sub A2008‑36 amdt 1.391
Notice to complainant of application and decision
s 432sub A2008‑36 amdt 1.391
Costs orders by ACAT
s 433am A2007‑28 s 233
sub A2008‑36 amdt 1.391
am A2009‑20 amdt 3.119, amdt 3.120
Application of ACT Civil and Administrative Tribunal Act
s 434sub A2008‑36 amdt 1.391
Pt 4.7 does not affect other remedies of complainant
s 435sub A2008‑36 amdt 1.391
Referral of questions of law to Supreme Court
s 436om A2008‑36 amdt 1.391
Appeals from disciplinary tribunal to Supreme Court
s 437am A2006‑40 amdt 2.126
om A2008‑36 amdt 1.391
Contempt of disciplinary tribunal
s 438om A2008‑36 amdt 1.391
Application of Criminal Code, ch 7
s 439om A2008‑36 amdt 1.391
Pt 4.7 does not affect other remedies of complainant
s 440om A2008‑36 amdt 1.391
Compensation orders
s 442am A2008‑36 amdt 1.392
When compensation order can be made
s 443am A2008‑36 amdt 1.393
Making of compensation orders
s 444am A2008‑36 amdt 1.394
Definitions—pt 4.9
s 447def disciplinary action am A2007‑28 s 234
Register of disciplinary action
s 448am A2007‑28 s 235; ss renum R7 LA; A2008‑36 amdt 1.395; A2014‑17 amdt 1.84; A2021-3 s 22; ss renum R39 LA
Protection against liability for publicising disciplinary action
s 451am A2014‑17 amdt 1.85
Disciplinary action taken because of infirmity, injury or illness
s 452am A2007‑28 s 236
Pt 4.9 subject to court and tribunal orders
s 454am A2008‑36 amdt 1.396
Protocols for ch 4
s 455am A2025‑29 amdt 4.112
Request to another jurisdiction to investigate complaint
s 456am A2008‑36 amdt 1.397
Sharing of information with corresponding authorities
s 458sub A2007‑28 s 237
am A2008‑36 amdt 1.398
Cooperation with corresponding authorities
s 459sub A2007‑28 s 237
Failure to comply with disciplinary orders
s 464sub A2008‑36 amdt 1.399
Protection for things done in administration of ch 4
s 468am A2007‑28 s 238; A2008‑36 amdt 1.400; A2014‑17 amdt 1.86
Non-compellability of certain witnesses
s 469am A2008‑36 amdt 1.401
Self-incrimination and other privileges overridden for ch 4 proceedings
s 471am A2008‑36 amdt 1.402
Definitions—ch 5
s 473def regulated property sub A2007‑28 s 239
Purpose—ch 5
s 474am A2007‑28 s 240
Application of ch 5 to barristers
s 476am A2007‑28 s 241
Application of ch 5 to Australian-registered foreign lawyers and former Australian-registered foreign lawyers
s 477am A2007‑28 s 242
Application of ch 5 to other people
s 478am A2022‑14 amdt 3.160
Decision about external intervention
s 480am A2007‑28 s 243, s 244
Supervisors of trust money
pt 5.3 hdgsub A2007‑28 s 245
Appointment of supervisor
s 481am A2007‑28 ss 246-249
Notice of appointment of supervisor
s 482am A2007‑28 s 250
Effect of service of notice of appointment of supervisor
s 483am A2007‑28 ss 251-255
Role of supervisor of trust money
s 484 hdgsub A2007‑28 s 256
s 484am A2007‑28 s 257, s 258
Records of and dealing with trust money of law practice under supervision
s 485am A2022‑14 amdt 3.161, amdt 3.162
Ending of supervisor’s appointment
s 486am A2007‑28 s 259, s 260; pars renum R7 LA
Appointment of manager
s 487am A2022‑14 amdt 3.163
Effect of service of notice of appointment of manager
s 489am A2007‑28 s 261, s 262
Role of manager
s 490am A2007‑28 s 263
Records and accounts of law practice under management and dealings with trust money
s 491am A2022‑14 amdt 3.164, amdt 3.165
Ending of manager’s appointment
s 493am A2007‑28 s 264; pars renum R7 LA
Appointment of receiver
s 494am A2007‑28 s 265
Notice of appointment of receiver
s 495am A2007‑28 s 266; pars renum R7 LA
Effect of service of notice of appointment of receiver
s 496am A2007‑28 s 267, s 268
Role of receiver
s 497am A2007‑28 s 269, s 270
Records and accounts of law practice under receivership and dealings with trust money
s 498am A2022‑14 amdt 3.166
Power of receiver to require documents or information
s 502am A2007‑28 ss 271-274; A2011‑52 amdt 3.130; A2012‑21 amdt 3.107; A2016‑18 amdt 3.123, amdt 3.124
Lien for costs on regulated property
s 504am A2007‑28 ss 275-277
Ending of receiver’s appointment
s 509am A2007‑28 s 278, s 279; ss renum R7 LA; A2008‑28 amdt 3.105, amdt 3.106; A2022‑14 amdt 3.166
Appeal against appointment of supervisor or manager
s 514am A2006‑40 amdt 2.127; A2022‑14 amdt 3.166
Manager and receiver appointed for law practice
s 515Ains A2007‑28 s 280
ADI disclosure requirements
s 516sub A2007‑28 s 281
Provisions relating to requirements under this part
s 519Ains A2007‑28 s 282
Obstruction of external intervener
s 519Bins A2007‑28 s 282
am A2022‑14 amdt 3.167
Definitions—ch 6
s 521 hdgsub A2009‑47 s 6
s 521am A2009‑47 s 6
Requirements that may be imposed for investigations, examinations and audits under pt 3.1 and pt 2.6
s 525am A2007‑28 s 283; A2011‑52 amdt 3.130; A2012‑21 amdt 3.108; A2016‑18 amdt 3.125, amdt 3.126
Requirements that may be imposed for investigations under ch 4
s 526am A2007‑28 s 284; A2011‑52 amdt 3.130; A2012‑21 amdt 3.109; A2014‑18 amdt 3.65; A2016‑18 amdt 3.127‑3.129
Provisions relating to requirements under pt 6.2
s 527am A2007‑28 s 285
Power to enter premises
s 530am A2009‑47 s 7, s 8; ss renum R18 LA; A2014‑17 amdts 1.87-1.89
Power to require name and address
s 533am A2009‑49 amdt 3.104
Warrants—application made other than in person
s 536am A2018‑33 amdts 1.42-1.44
Search warrants—announcement before entry
s 537am A2022‑14 amdt 3.168
Compensation for exercise of enforcement powers
s 549am A2009‑47 s 9, s 10
Obstruction of investigator
s 555Ains A2007‑28 s 286
am A2022‑14 amdt 3.169
Admissions board
ch 7 hdgsub A2009‑20 amdt 3.121
Admissions board
pt 7.1 hdgom A2009‑20 amdt 3.122
Disciplinary tribunal
pt 7.2 hdgom A2008‑36 amdt 1.403
Establishment of disciplinary tribunal
s 563om A2008‑36 amdt 1.403
Functions of disciplinary tribunal
s 564om A2008‑36 amdt 1.403
Members of disciplinary tribunal
s 565om A2008‑36 amdt 1.403
Appointment of judicial members of the disciplinary tribunal
s 566om A2008‑36 amdt 1.403
Term of appointment of disciplinary tribunal member
s 567om A2008‑36 amdt 1.403
Role of disciplinary tribunal chair
s 568om A2008‑36 amdt 1.403
Presiding member of disciplinary tribunal
s 569om A2008‑36 amdt 1.403
Conditions of appointment of judicial members
s 570om A2008‑36 amdt 1.403
Ending appointment of judicial members
s 571om A2008‑36 amdt 1.403
How is a disciplinary tribunal constituted for application?
s 572om A2008‑36 amdt 1.403
Lists of non-judicial members
s 573om A2008‑36 amdt 1.403
Disciplinary tribunal trust fund
s 574om A2008‑36 amdt 1.403
Purpose—pt 8.3
s 578am A2007‑28 s 287
Rules for Australian legal practitioners and Australian‑registered foreign lawyers
div 8.3.2 hdg sub A2007‑28 s 288
Rules for barristers
s 579am A2025‑29 amdt 4.112
Rules for solicitors
s 580am A2025‑29 amdt 4.112
Joint rules for Australian legal practitioners
s 581am A2025‑29 amdt 4.112
Subject matter of legal profession rules
s 582am A2007‑28 s 289
Public notice of proposed legal profession rules
s 583am A2009‑20 amdt 3.123; A2015‑33 amdt 1.136
Rules for incorporated legal practices and multidisciplinary partnerships
s 584am A2007‑28 ss 290-292; A2025‑29 amdt 4.112
Approved forms—councils
s 587 hdgam A2014‑17 amdt 1.90
s 587am A2014‑17 amdt 1.91; A2023-57 s 34; A2025‑29 amdt 4.112
Protection from liability
s 587Ains A2007‑28 s 293
Associates who are disqualified or convicted people
s 589am A2006‑40 amdt 2.128; A2007‑28 ss 294-297; ss renum R7 LA
Amendment or discharge of injunctions
s 592am A2014‑17 amdt 1.92
Meaning of reviewable decision—ch 9
s 598sub A2008‑36 amdt 1.404
Reviewable decision notices
s 599sub A2008‑36 amdt 1.404
Applications for review
s 600sub A2008‑36 amdt 1.404
Minister may determine fees
s 601am A2007‑28 s 298; A2025‑29 amdt 4.112
Regulation-making power
s 602am A2006‑28 s 299; ss renum R7 LA; A2012‑21 amdt 3.110; A2025‑29 amdt 4.112
Review of Act
s 603exp 30 June 2011 (s 603 (2))
Transitional
ch 10 hdgexp 1 July 2008 (s 619)
Definitions—ch 10
s 604exp 1 July 2008 (s 619)
Continuing application of provisions of Legal Practitioners Act about trust money
s 605mod SL2006‑37 s 36, s 37 (as ins SL2007‑4 s 4)
mod om SL2007‑10 s 7
mod SL2006‑37 s 37, s 38 (as ins SL2007‑10 s 7)
mod exp 2 October 2007 (SL2007‑27 s 110)
exp 1 October 2007 (s 605 (3) as mod SL2007‑27 s 102)
Continuing application of provisions of Legal Practitioners Act about costs
s 606mod SL2006‑37 s 36, s 37 (as ins SL2006‑49 s 4)
mod om SL2007‑4 s 4
mod SL2006‑37 s 38, s 39 (as ins SL2007‑4 s 4)
mod om SL2007‑10 s 7
mod SL2006‑37 s 39, s 40 (as ins SL2007‑10 s 7)
mod exp 2 October 2007 (SL2007‑27 s 110)
am A2007‑28 s 300
exp 1 October 2007 (s 606 (3) as mod SL2007‑27 s 104)
Cost disclosure
s 607mod SL2006‑37 s 37 ( as ins SL2006‑49 s 4)
mod om SL2007‑4 s 4
mod SL2006‑37 s 40, s 41 (as ins SL2007‑4 s 4)
mod om SL2007‑10 s 7
mod SL2006‑37 s 41, s 42 (as ins SL2007‑10 s 7)
mod exp 2 October 2007 (SL2007‑27 s 110)
am A2007‑28 s 301
exp 1 July 2008 (s 619 (LA s 88 declaration applies))
Notice for taxation of costs
s 608mod SL2006‑37 s 37 ( as ins SL2006‑49 s 4)
mod om SL2007‑4 s 4
mod SL2006‑37 s 42 (as ins SL2007‑4 s 4)
mod om SL2007‑10 s 7
mod SL2006‑37 s 43 (as ins SL2007‑10 s 7)
mod exp 2 October 2007 (SL2007‑27 s 110)
exp 1 July 2008 (s 619)
Roll of legal practitioners
s 609exp 1 July 2008 (s 619 (LA s 88 declaration applies))
Existing legal practitioners
s 610exp 1 July 2008 (s 619 (LA s 88 declaration applies))
Pending applications for admission
s 611exp 1 July 2008 (s 619 (LA s 88 declaration applies))
Pending complaints before professional conduct board
s 612exp 1 July 2008 (s 619)
Pending complaints before bar council committee
s 612Ains as mod SL2006‑37 s 44 (as ins SL2007‑10 s 7)
mod exp 2 October 2007 (SL2007‑27 s 110)
New complaints about old conduct
s 613exp 1 July 2008 (s 619)
Statutory interest account
s 614exp 1 July 2008 (s 619)
Legal profession rules
s 615exp 1 July 2006 (s 615 (8) (LA s 88 declaration applies))
HIH insurance
s 616exp 1 July 2008 (s 619 (LA s 88 declaration applies))
Mortgage practices and managed investment schemes—old mortgages
s 617exp 1 July 2008 (s 619 (LA s 88 declaration applies))
Application of dictionary, definition of supervised legal practice
s 617Ains as mod SL2006‑37 s 45 (as ins SL2007‑10 s 7)
mod exp 2 October 2007 (SL2007‑27 s 110)
Transitional regulations
s 618exp 1 July 2008 (s 619)
Modification of Act, ch 10—Act, s 618
s 618Ains as mod SL2007‑27 mod 1.1 (as ins by SL2008‑13 s 5)
exp 1 July 2008 (s 619)
Expiry—ch 10
s 619exp 1 July 2008 (s 619)
Repeals and consequential amendments
ch 11 hdgom LA s 89 (3)
Legislation repealed
s 620om LA s 89 (3)
Legislation amended—sch 2
s 621om LA s 89 (3)
Transitional—Justice and Community Safety Legislation Amendment Act 2014
ch 12 hdgins A2014‑17 amdt 1.93
exp 12 June 2016 (s 625)
Definitions—ch 12
s 622ins A2014‑17 amdt 1.93
exp 12 June 2016 (s 625)
def commencement day ins A2014‑17 amdt 1.93
exp 12 June 2016 (s 625)
def licensing body ins A2014‑17 amdt 1.93
exp 12 June 2016 (s 625)
Pending applications for grant or renewal of practising certificate or registration
s 623ins A2014‑17 amdt 1.93
exp 12 June 2016 (s 625)
Bar council taken to be decision-maker
s 624ins A2014‑17 amdt 1.93
exp 12 June 2016 (s 625)
Expiry—ch 12
s 625ins A2014‑17 amdt 1.93
exp 12 June 2016 (s 625)
Legal profession rules
sch 1exp 1 July 2006 (s 615 (8))
Consequential amendments
sch 2om LA s 89 (3)
HIH provisions
sch 3exp 1 July 2008 (s 619 (LA s 88 declaration applies))
Mortgage practices and managed investment schemes—provisions about old mortgages
sch 4exp 1 July 2008 (s 619 (LA s 88 declaration applies))
Dictionary
dictam A2008‑36 amdt 1.405; A2009‑20 amdt 3.124; A2009‑49 amdt 3.105; A2012‑21 amdt 3.111; A2015‑33 amdt 1.137, amdt 1.138; A2016‑13 amdt 1.91;A2016‑52 amdt 1.116; A2022‑14 amdt 3.170
def ACAT trust account ins A2008‑37 amdt 1.293
def associated third party payer ins A2007‑28 s 302
sub A2011‑52 amdt 3.122
def Chapter 5 body corporate ins A2021-3 s 23
def client sub A2007‑28 s 303
am A2011‑52 amdt 3.123; pars renum R23 LA
def commercial legal presence om A2007‑28 s 305
def complaint investigation ins A2009‑47 s 11
def compliance certificate sub A2011‑52 amdt 3.124
def conditional costs agreement am A2007‑28 s 304
def contributory om A2011‑52 amdt 3.125
def contributory mortgage ins A2011‑52 amdt 3.125
def corresponding disciplinary body am A2008‑36 amdt 1.406
def costs agreement am A2007‑28 s 304
def costs assessment ins A2007‑28 s 306
def costs review om A2007‑28 s 306
def deposit record ins A2011‑52 amdt 3.126
def disbursements am A2007‑28 s 307
def disciplinary tribunal om A2008‑36 amdt 1.407
def disciplinary tribunal trust account om A2008‑37 amdt 1.294
def disqualified person sub A2007‑28 s 308
def government agency ins A2008‑29 amdt 1.27
def government lawyer ins A2007‑28 s 309
sub A2008‑29 amdt 1.28
def ILP compliance audit ins A2009‑47 s 13
def insurable barrister ins A2011‑52 amdt 3.126
def insurable legal practitioner ins A2011‑52 amdt 3.126
def insurable solicitor ins A2011‑52 amdt 3.126
def investigator sub A2009‑47 s 12
def judicial member om A2008‑36 amdt 1.407
def licensing body om A2014‑17 amdt 1.94
def litigious matter am A2007‑28 s 310
def lump sum bill am A2007‑28 s 310
def non-associated third party payer ins A2007‑28 s 311
def non-judicial member om A2008‑36 amdt 1.407
def occupier am A2011‑52 amdt 3.127
def official complaint am A2011‑52 amdt 3.128
def public authority ins A2011‑52 amdt 3.129
def related body corporate sub A2017‑14 s 37
def relevant council sub A2014‑17 amdt 1.95
def reviewable decision ins A2008‑36 amdt 1.408
def scale of costs am A2007‑28 s 312
def show-cause event am A2021-3 s 24; pars renum R39 LA
def sole practitioner am A2022‑14 amdt 3.171
def sophisticated client ins A2007‑28 s 313
def supervised legal practice am A2007‑28 s 314; pars renum R7 LA
def third party payer ins A2007‑28 s 315
def trust account examination ins A2009‑47 s 13
def trust account investigation ins A2009‑47 s 13
def trust money sub A2007‑28 s 316
def uplift fee am A2007‑28 s 317
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 and date Effective Last amendment made by Republication for R1
1 July 20061 July 2006‑
1 July 2006not amended new Act R2
2 July 20062 July 2006–
28 Sept 2006not amended commenced expiry R3
29 Sept 200629 Sept 2006–
30 Nov 2006A2006‑40 amendments by A2006‑40 R4
1 Dec 20061 Dec 2006–
26 Feb 2007SL2006‑49 modifications by SL2006‑37 as amended by SL2006‑49 R5
27 Feb 200727 Feb 2007–
17 May 2007SL2007‑4 modifications by SL2006‑37 as amended by SL2007‑4 R6
18 May 200718 May 2007–
30 Sept 2007SL2007‑10 modifications by SL2006‑37 as amended by SL2007‑10 R7
1 Oct 20071 Oct 2007–
1 Oct 2007A2007‑28 amendments by A2007‑28 and SL2007‑27 R8
2 Oct 20072 Oct 2007–
2 Oct 2007A2007‑28 commenced expiry R9
3 Oct 20073 Oct 2007–
26 Dec 2007A2007‑28 commenced expiry R10
27 Dec 200727 Dec 2007–
31 Mar 2008A2007‑39 amendments by A2007‑39 R11
1 Apr 20081 Apr 2008–
1 July 2008SL2008‑13 modification by SL2007‑27 as amended by SL2008‑13 R12
2 July 20082 July 2008–
25 Aug 2008SL2008‑13 commenced expiry R13
26 Aug 200826 Aug 2008–
26 Aug 2008A2008‑29 amendments by A2008‑28 R14
27 Aug 200827 Aug 2008–
1 Feb 2009A2008‑29 amendments by A2008‑29 R15*
2 Feb 20092 Feb 2009–
21 Sept 2009A2008‑37 amendments by A2008‑36 and A2008‑37 R16
22 Sept 200922 Sept 2009–
30 Oct 2009A2009‑20 amendments by A2009‑20 R17
31 Oct 200931 Oct 2009–
25 Nov 2009SL2009‑51 modifications by SL2009‑2 as am by SL2009‑51 R18
26 Nov 200926 Nov 2009–
16 Dec 2009A2009‑49 amendments by A2009‑47 R19
17 Dec 200917 Dec 2009–
21 Dec 2009A2009‑49 amendments by A2009‑49 R20
22 Dec 200922 Dec 2009–
20 Dec 2010A2009‑54 amendments by A2009‑54 R21
21 Dec 201021 Dec 2010–
30 June 2011A2010‑50 amendments by A2010‑50 R22*
1 July 20111 July 2011–
11 Dec 2011A2010‑50 expiry of provision (s 603) R23
12 Dec 201112 Dec 2011–
4 June 2012A2011‑52 amendments by A2011‑52 R24
5 June 20125 June 2012–
3 Apr 2013A2012‑21 amendments by A2012‑21 R25
4 Apr 20134 Apr 2013–
9 June 2014A2013-11 amendments by A2013-11 R26
10 June 201410 June 2014–
11 June 2014A2014‑18 amendments by A2014‑18 R27*
12 June 201412 June 2014–
20 May 2015A2014‑18 amendments by A2014-17 R28*
21 May 201521 May 2015–
13 Oct 2015A2015‑11 amendments by A2015‑11 R29
14 Oct 201514 Oct 2015–
31 Mar 2016A2015‑33 amendments by A2015‑33 R30
1 Apr 20161 Apr 2016–
26 Apr 2016A2016-13 amendments by A2016-13 R31
27 Apr 201627 Apr 2016–
12 Jun 2016A2016-18 amendments by A2016-18 R32
13 Jun 201613 Jun 2016–
28 Jun 2016A2016-18 expiry of transitional provisions (ch 12) R33
29 June 201629 June 2016–
31 Aug 2016A2016‑37 amendments by A2016‑37 R34
1 Sept 20161 Sept 2016–
23 May 2017A2016-52 amendments by A2016-52 R35
24 May 201724 May 2017–
15 Nov 2017A2017‑14 amendments by A2017‑14 R36
16 Nov 201716 Nov 2017–
22 Oct 2018A2017‑38 amendments by A2017‑38 R37
23 Oct 201823 Oct 2018–
21 Nov 2018A2018‑33 amendments by A2018‑33 R38
22 Nov 201822 Nov 2018–
25 Feb 2021A2018-42 amendments by A2018-42 R39 (RI)
17 Feb 202326 Feb 2021–
30 June 2022A2021‑3 amendments by A2021‑3
reissued for textual correction in s 11 (1)R40 (RI)
17 Feb 20231 July 2022–
23 Aug 2022A2022‑8 amendments by A2022‑8
reissued for textual correction in s 11 (1)R41 (RI)
17 Feb 202324 Aug 2022–
11 Dec 2023A2022‑14 amendments by A2022‑14
reissued for textual correction in s 11 (1)R42
12 Dec 202312 Dec 2023–
25 Nov 2025A2023‑57 amendments by A2023‑57
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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