Legal Profession Amendment Regulations 2009 (WA)

!200900032GG!

WESTERN	655
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X PRINT POST APPROVED PP665002/00041

PERTH, FRIDAY, 27 FEBRUARY 2009 No. 32 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 4.00 PM

© STATE OF WESTERN AUSTRALIA

Legal Profession Act 2008

Legal Profession Amendment Regulations 2009

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Legal Profession Amendment
Regulations 2009.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — immediately after the coming into operation of the Legal Profession Regulations 2009.

3.             Regulations amended

These regulations amend the Legal Profession
Regulations 2009.

4.             Regulation 121 amended

In regulation 121 delete the definition of costs agreement (old
form).

656 GOVERNMENT GAZETTE, WA 27 February 2009

Legal Profession Amendment Regulations 2009

r. 5

5.             Regulation 122 replaced

Delete regulation 122 and insert:

122.         Costs disclosure

(1)	Except as provided in subregulation (4), a law practice is not required to make a disclosure under section 260 or 261 of the 2008 Act in relation to a matter for which
the law practice is retained during the relevant period.
(2)	Except as provided in subregulation (4), a law practice is not required to make a disclosure under section 264 of the 2008 Act in relation to a settlement that is
executed during the relevant period.
(3)	Section 268 of the 2008 Act does not apply in relation to legal costs that are not required to be disclosed by reason of subregulation (1) or (2).
(4)	A law practice must make the costs disclosures required to be made to a client or associated third party payer for the client under Part 10 Division 3 of the 2008 Act if the law practice and the client make a costs agreement under Part 10 Division 6 of the 2008 Act in relation to those costs during the relevant period.

123A. Costs agreements

(1) Despite Part 10 of the 2008 Act and the repeal of
Part 13 Division 2 of the 2003 Act, a law practice to
which Part 10 of the 2008 Act applies may, during the
relevant period, make a costs agreement under
section 221 of the 2003 Act as if that section had not
been repealed.

27 February 2009 GOVERNMENT GAZETTE, WA 657

Legal Profession Amendment Regulations 2009

r. 5

(2) If a costs agreement is made as referred to in
subregulation (1) between a client and a law practice
during the relevant period —

(a)	Part 13 Division 2 of the 2003 Act applies to and in relation to the agreement as if that Division had not been repealed; and
(b)	Part 13 Division 3 of the 2003 Act applies to and in relation to the taxation and recovery of the legal costs the subject of the agreement as if

that Division had not been repealed; and

(c)	section 273 of the 2008 Act does not apply to legal costs the subject of the agreement; and
(d)	Part 10 Division 6 of the 2008 Act does not apply to the agreement or the law practice in relation to the client for the matter the subject of the agreement; and
(e)	Part 10 Division 7 of the 2008 Act does not apply to bills for legal costs the subject of the agreement or the recovery of those legal costs; and
(f)	Part 10 Division 8 of 2008 Act does not apply to the assessment of legal costs the subject of the agreement.

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.