Legal Profession (Further Amendment) Regulations 2007 (Vic)

Legal Profession (Further Amendment) Regulations 2007

S.R. No. 112/2007

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Journal transfers

5New regulations 3.4.4 and 3.4.5 inserted

3.4.4Disclosure of costs to clients—form

3.4.5Notification of client's rights—form

6New forms inserted in Schedule 1

Form B3—Form of disclosure of costs to clients

Form B4—Form of notification of client's rights

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 112/2007

Legal Profession Act 2004

Legal Profession (Further Amendment) Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 9 October 2007

Responsible Minister:

ROB HULLS
Attorney-General

RUTH LEACH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Legal Profession Regulations 2005 to reflect amendments to the national Model Regulations and improve the regulation of the legal profession.

2Authorising provision

These Regulations are made under section 7.2.17 of the Legal Profession Act 2004.

3Principal Regulations

In these Regulations, the Legal Profession Regulations 2005[1] are called the Principal Regulations.

4Journal transfers

(1)In regulation 3.3.18(1) of the Principal Regulations, for paragraphs (b) and (c) substitute—

"(b)subregulation (1A) is complied with.".

(2)After regulation 3.3.18(1) of the Principal Regulations insert—

"(1A)The transfer must be authorised in writing by—

(a)in the case of a law practice—

(i)an authorised principal of the law practice; or

(ii)if a principal referred to in subparagraph (i) is not available—

(A)an authorised legal practitioner associate; or

(B)an authorised Australian legal practitioner who holds an unrestricted practising certificate authorising the receipt of trust money; or

(C)two or more authorised associates jointly; or

(iii)an external intervener for the law practice;

(b)in the case of an approved clerk—

(i)the approved clerk; or

(ii)a person who is authorised by the approved clerk to sign cheques drawn on the general trust account without a co-signatory; or

(iii)2 or more persons who are authorised by the approved clerk to sign cheques drawn on the general trust account jointly.

(1B)In subregulation (1A)(a)—

associate means an associate of the law practice;

authorised means authorised by the law practice or an external intervener for the law practice to effect, direct or give authority for the transfer of trust money by journal entry from one trust ledger account in the law practice's trust ledger to another trust ledger account in the trust ledger;

external intervener has the same meaning as in section 5.1.2 of the Act.".

5New regulations 3.4.4 and 3.4.5 inserted

At the end of Part 3.4 of the Principal Regulations insert—

"3.4.4   Disclosure of costs to clients—form

(1)A written statement in the form of Form B3 is prescribed for the purposes of section 3.4.9(3) of the Act in connection with the details referred to in section 3.4.9(1)(b)(i), (ia) and (ii), (h), (j), (k) and (m) of the Act.

(2)The Commissioner must produce and maintain the fact sheet referred to in a written statement in the form of Form B3 and make it available on the Internet.

(3)The Commissioner must develop the fact sheet in consultation with the professional associations.

3.4.5Notification of client's rights—form

(1)A written statement in the form of Form B4 is prescribed for the purposes of section 3.4.35(3) of the Act.

(2)The Commissioner must produce and maintain the fact sheet referred to in a written statement in the form of Form B4 and make it available on the Internet.

(3)The Commissioner must develop the fact sheet in consultation with the professional associations." .

6New forms inserted in Schedule 1

After Form B2 in Schedule 1 to the Principal Regulations insert—

"FORM B3

Regulation 3.4.4

FORM OF DISCLOSURE OF COSTS TO CLIENTS

Legal Profession Act 2004

Legal costs—your right to know

You have the right to—

·negotiate a costs agreement with us

·receive a bill of costs from us

·request an itemised bill of costs within 30 days after you receive a lump sum bill from us

·request written reports about the progress of your matter and the costs incurred in your matter

·apply for costs to be assessed within 12 months if you are unhappy with our costs

·apply for the costs agreement to be set aside

·make a complaint to the Legal Services Commissioner.  This includes making a complaint that involves a civil dispute to the Legal Services Commissioner within 60 days after the legal costs were payable or, if an itemised bill was requested in respect of those costs, within 30 days after the request was complied with

·accept or reject any offer we make for an interstate costs law to apply to your matter

·notify us that you require an interstate costs law to apply to your matter

For more information about your rights, please read the fact sheet entitled Legal costs—your right to know.  You can ask us for a copy, or obtain it from the Legal Services Commissioner (or download it from their website).

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FORM B4

Regulation 3.4.5

FORM OF NOTIFICATION OF CLIENT'S RIGHTS

Legal Profession Act 2004

Your rights in relation to legal costs

The following avenues are available to you if you are not happy with this bill—

·requesting an itemised bill

·discussing your concerns with us

·having our costs assessed

·making a complaint to the Legal Services Commissioner

·applying to set aside our costs agreement

There may be other avenues available in your State or Territory (such as mediation).

Time limits apply to the avenues for resolving costs disputes.

For more information about your rights, please read the fact sheet titled Your right to challenge legal costs.  You can ask us for a copy, or obtain it from the Legal Services Commissioner (or download it from their website).".

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ENDNOTES

[1] Reg. 3: S.R. No. 152/2005 as amended by S.R. No. 31/2007.