Legal Profession Regulation 1994 (NSW)
This Regulation may be cited as the Legal Profession Regulation 1994.
This Regulation commences on 1 July 1994.
In this Regulation:
(a) in relation to a person who is a barrister or applies for a practising certificate authorising the person to practise as a barrister—the Bar Council, or
(b) in relation to a person who is a solicitor or applies for a practising certificate authorising the person to practise as a solicitor—the Law Society Council.
See also clause 27A of this Regulation.
(a) any offence under the road transport legislation (within the meaning of the Road Transport (General) Act 1999) other than the following:
(i) an offence under section 42 (1) of the Road Transport (Safety and Traffic Management) Act 1999 relating to driving a motor vehicle negligently on a road or road related area if the barrister or solicitor concerned is, by way of penalty, sentenced to imprisonment or fined a sum of not less than $200,
(ii) an offence under section 42 (2) of the Road Transport (Safety and Traffic Management) Act 1999 relating to driving a motor vehicle on a road or road related area furiously, recklessly or at a speed or in a manner dangerous to the public,
(iii) any offence under section 19 (2) of the Road Transport (General) Act 1999 (which relates to refusing to comply with a requirement to produce a driver licence, or to state name and home address, or stating a false name and home address),
(iv) any offence under section 12 (1) of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to driving etc while under the influence of alcohol or any other drug),
(v) any offence under section 25A (1), (2) or (3) of the Road Transport (Driver Licensing) Act 1998 (which relates to driving while unlicensed and other relevant matters),
(vi) any offence under section 70 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to failing to stop and give assistance after an accident),
(vii) any offence under section 9 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to presence of prescribed concentration of alcohol in person’s blood),
(viii) an offence under section 43 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to menacing driving),
(ix) any other offence under the road transport legislation if the court orders the disqualification of the barrister or solicitor concerned from holding a driver licence, or
(b) any offence relating to the parking of motor vehicles.
A reference in the definition of
(a) to an offence under the road transport legislation includes a reference to an offence under the Traffic Act 1909, or the regulations under that Act, as previously in force, and
(b) a reference to an offence under a provision of an Act specified in paragraph (a) of that definition includes a reference to an offence under a corresponding provision of the Traffic Act 1909, or the regulations under that Act, as previously in force.
A reference in this Regulation to a legal practitioner’s or solicitor’s firm includes, in relation to a legal practitioner or solicitor who provides legal services in the capacity of an officer or employee of an incorporated legal practice, a reference to the incorporated legal practice.
A reference in this Regulation to a form is a reference to a form in Schedule 1.
Notes in the text of this Regulation (except notes in a form) are explanatory notes and do not form part of this Regulation.
For the purposes of sections 27 (3) and 28 (3) of the Act, the prescribed period is the period commencing on 1 April and ending on 15 May before the current practising certificate expires.
For the purposes of section 29 (3) of the Act, the prescribed late fee is an amount determined by the appropriate Council not exceeding 20 per cent of the fee payable in relation to the application concerned in accordance with the Act.
An application by a legal practitioner for a practising certificate must be in a form which is approved by the appropriate Council, signed by the practitioner, and contain or be accompanied by the following information:
(a) particulars of any partnership of which the practitioner is a member,
(a1) particulars of any incorporated legal practice of which the practitioner is an officer or employee, including the name of the incorporated legal practice, its Australian Company Number and the names of the directors of the incorporated legal practice,
(b) the address of the offices at which the practitioner or the practitioner’s firm practises or provides legal services and an indication as to which of those addresses is that of the principal office,
(c) if the practitioner does not have in New South Wales an exchange box in a document exchange of Australian Document Exchange Pty. Limited, the name of the practitioner’s Sydney agent (if any),
(d) if the practitioner has been found guilty of any offence (other than an excluded offence)—the nature of the offence,
(e) if the practitioner has committed an act of bankruptcy (within the meaning of section 3 (3) of the Act)—details of the act of bankruptcy,
(f) if the practitioner is a solicitor director of an incorporated legal practice and a financial report and director’s report is required to be prepared in respect of the incorporated legal practice under section 292 of the Corporations Law, a copy of those reports (being the reports most recently lodged with the Australian Securities and Investments Commission).
Subclause (1) (d):
(a) applies to an offence whether or not committed in the course of practice as a legal practitioner, and
(b) applies to any finding of guilt of an offence whether or not the court proceeded to a conviction for the offence, and
(c) applies to an offence committed in New South Wales or to an offence committed outside New South Wales (so long as it would have been an offence, other than an excluded offence, if committed in New South Wales), and
(d) applies to a finding of guilt even if other persons are prohibited from disclosing the identity of the offender, and
(e) extends to an indictable offence committed before the commencement of the Legal Profession Amendment (Notification) Regulation 2001 (and so extends whether the finding of guilt was made before or after that commencement), and
(f) extends to an offence (other than an indictable offence) committed within the period of 10 years occurring immediately before the commencement of the Legal Profession Amendment (Notification) Regulation 2001 (and so extends whether the finding of guilt was made before or after that commencement), and
(g) does not apply to a finding of guilt previously disclosed in an application for a practising certificate or under clause 69D.
Subclause (1) (e) does not require the disclosure of any information previously disclosed in an application for a practising certificate or under clause 69E.
Subclause (1) (e) applies to acts of bankruptcy whether occurring before or after the commencement of that paragraph.
The appropriate Council may require the legal practitioner to furnish such further information as it considers relevant to its determination of the application within such time as it specifies.
In this clause,
Schedule 1A has effect.
Schedule 1A provides for an extension of the duration of certain practising certificates that were issued for the 2000-2001 practising period.
The form of a practising certificate is to be determined by the appropriate Council.
The appropriate Council may accept from a legal practitioner the surrender of a current practising certificate and an application for a new practising certificate and may issue a new practising certificate for the rest of the term of the surrendered certificate.
The Council may refund part of the fee paid in respect of the surrendered certificate if the Council considers that a refund should be made.
If a Council refuses an application by a legal practitioner for a practising certificate or decides to cancel or suspend a legal practitioner’s practising certificate, it must, within 14 days after its decision, serve written notice of the decision on the practitioner.
If the practitioner is a solicitor director, the appropriate Council must also, within 14 days after its decision, serve written notice of the decision on the incorporated legal practice of which the practitioner is a solicitor director.
A decision of the Council to cancel or suspend a practising certificate has effect from the date of service of notice of the decision or at the expiration of a period following that date and specified in the notice.
The appropriate Council may include in a register such information as the Council considers appropriate that was furnished by legal practitioners in their applications to the Council for practising certificates (or furnished by them in relation to the determination of their applications).
The appropriate Council is not to include in a register information supplied under clauses 6 (1) (d) or (e), 69D or 69E.
The appropriate Council may publish, in circumstances which it considers appropriate, the name of any legal practitioner on the register, the name of the practitioner’s firm and the address at which the practitioner or the practitioner’s firm practises or provides legal services.
A legal practitioner must notify the appropriate Council, in writing, of any change in the particulars relating to the practitioner as disclosed in the practitioner’s last application for a practising certificate within 21 days after the change occurs.
A legal practitioner must, in accordance with any request from the appropriate Council, also notify the appropriate Council of the following particulars:
(a) particulars relating to any change to or dissolution of a partnership, formation of a new partnership, or acquisition of the practice of another legal practitioner, by the legal practitioner,
(b) particulars relating to the formation of an incorporated legal practice, or the commencement of the provision of legal services by an incorporated legal practice, or any change to or winding up of an incorporated legal practice, including any change in the directors of the incorporated legal practice.
Such a request must be in the form of a notice served on the legal practitioner and must specify which particulars are requested.
For the purposes of this clause, a change in particulars includes a change in the information required to be disclosed under clause 6 (1) (d).
The appropriate Council must, if requested by the Prothonotary of the Supreme Court to do so, provide to the Prothonotary any information in relation to a legal practitioner or a legal practitioner’s practice which is recorded on the register and of changes in that information which are notified to the Council from time to time.
Written notice under section 48T of the Act is to be given within 21 days after the interstate legal practitioner establishes an office in this State.
A notice under section 48T (2) of the Act is to contain the following particulars:
(a) the full name and residential address of the interstate legal practitioner,
(b) the participating State in which the practitioner has been admitted to legal practice,
(c) a description of the authority to practice conferred by the current practising certificate issued or given by a regulatory authority in that State,
(d) any other State in which the practitioner has been admitted to legal practice or been issued with or given a current practising certificate,
(e) the firm name, or the name of the employer, of the practitioner including:
(i) if the practitioner is a partner, the name of the partnership, and
(ii) if the practitioner is a solicitor director or an officer or employee of an incorporated legal practice, the name of the incorporated legal practice,
(f) the address of the office established in this State by the practitioner,
(g) the address of the sole or principal place of legal practice in the home State of the practitioner as well as the addresses of any other offices in Australia,
(h) any other particulars requested in writing by the appropriate Council.
For the purposes of section 48ZM (2) of the Act, the prescribed period is 3 months.
For the purposes of section 48ZN (3) of the Act, the prescribed period is the period commencing on 1 April and ending on 15 May before the current registration expires.
For the purposes of section 48ZO (1) (b) of the Act, an application to register, or renew the registration of, a foreign lawyer under Part 3C of the Act must contain or be accompanied by a New South Wales address for service for the foreign lawyer.
The address referred to in subclause (1) may be an office or residential address but may not be a post office box address, an E-mail address or the number of an exchange box at a document exchange (DX).
For the purposes of section 48ZQ (2) (d) of the Act, the prescribed period is 3 months.
For the purposes of section 48ZS (1) (b) of the Act, a locally registered foreign lawyer may provide legal services (including appearances) in relation to all kinds of arbitration proceedings, including but not limited to services relating to the arbitration of industrial disputes undertaken in accordance with Chapter 3 of the Industrial Relations Act 1996.
For the purposes of section 48ZS (1) (d) of the Act, a locally registered foreign lawyer may provide legal services in relation to all kinds of conciliation, mediation and consensual dispute resolution, including but not limited to the following:
(a) services relating to the conciliation of industrial disputes undertaken in accordance with Chapter 3 of the Industrial Relations Act 1996, and
(b) services relating to mediation and neutral evaluation undertaken in accordance with the following provisions:
(i) Part 4A of the Compensation Court Act 1984,
(ii) Part 3A of the District Court Act 1973,
(iii) Part 5A of the Land and Environment Court Act 1979,
(iv) Part 3C of the Local Courts (Civil Claims) Act 1970,
(v) Part 7B of the Supreme Court Act 1970.
A locally registered foreign lawyer may not practise Australian law except where the giving of advice is necessarily incidental to the practice of foreign law and the advice is based on advice given by a domestic lawyer who is not an employee of the foreign lawyer (see section 48ZS (2) and (3) of the Act).
This clause applies to a locally registered foreign lawyer practising foreign law in the State in partnership with, or as an employee of, a domestic lawyer, firm of domestic lawyers or incorporated legal practice.
A foreign lawyer to whom this clause applies must on registration by the domestic registration authority (being the Law Society) pay to the Law Society on account of the Fidelity Fund the appropriate contribution to the Fidelity Fund for the year ending on 30 June during which the registration is to be in force.
The amount of a contribution to the Fidelity Fund is the amount determined by the Law Society Council and approved by the Attorney General in accordance with section 76 (2) of the Act in respect of solicitors (other than solicitors who are interstate legal practitioners).
The Law Society Council may permit a contribution to be paid by instalments under an arrangement approved by the Council.
If the foreign lawyer is registered after 31 December in a year ending on 30 June, the amount of the contribution that would otherwise be payable for that year is reduced by one-half.
If a foreign lawyer to whom this clause applies has paid a contribution for a year ending on 30 June and ceases to practise as a locally registered foreign lawyer at any time before 30 June in that year, the Law Society may refund a part of the contribution at a rate determined by the Law Society Council.
In this Part:
For the purposes of section 47C (3) (c) of the Act, the following corporations are exempt and are not incorporated legal practices:
(a) the Law Society,
(b) the Bar Association,
(c) a community legal centre that complies with section 48H of the Act.
If a client engages an incorporated legal practice to provide legal services, each solicitor director of the incorporated legal practice, and any solicitor who provides the legal services, must ensure that a disclosure is made to the client in connection with the provision of legal services.
The disclosure is to be made by giving the client a notice in writing setting out the following:
(a) a description of the legal services to be provided to the client,
(b) advice that the provision of legal services by the incorporated legal practice, including by any officer or employee of the corporation who is a solicitor, is regulated by the Legal Profession Act 1987,
(c) a description of the non-legal services (if any) to be provided to the client,
(d) advice that the Legal Profession Act 1987 does not regulate the provision of those non-legal services.
The disclosure is to be made before any legal services are provided to the client, or as soon as practicable afterwards.
The disclosure is to be made on every occasion that the client retains the incorporated legal practice to provide legal services.
A contravention of this clause is capable of being unsatisfactory professional conduct or professional misconduct.
Section 47L of the Act provides that Part 6 of the Act applies to incorporated legal practices and, for that purpose, authorises the regulations to modify the application of Part 6.
This clause applies to money received by an incorporated legal practice, including by an officer or employee of an incorporated legal practice, in connection with or in the course of providing non-legal services.
Each solicitor director of an incorporated legal practice must ensure that any money to which this clause applies:
(a) is not deposited in a general trust account that is kept for the purposes of section 61 of the Act, and
(b) is not kept in the same account as any controlled money.
A contravention of this clause is capable of being unsatisfactory professional conduct or professional misconduct.
Each solicitor director of an incorporated legal practice must ensure that section 62 of the Act, and the regulations under that section, are complied with:
(a) in respect of any money received by the incorporated legal practice on behalf of another person in connection with legal services provided by the practice, and
(b) in respect of any money received by an officer or employee of the incorporated legal practice on behalf of another person in the course of providing legal services.
A contravention of this clause is capable of being unsatisfactory professional conduct or professional misconduct.
This clause does not affect the liability of any other solicitor, who provides legal services in the capacity of officer or employee of an incorporated legal practice, for a failure to comply with section 62 of the Act, or the regulations under that section.
Section 63 of the Act, and the regulations under that section, apply to the records of an incorporated legal practice in the same way as it applies to a solicitor’s records or the records relating to a solicitor’s practice.
A reference in section 63 (2) of the Act to a solicitor is, in relation to an incorporated legal practice, a reference to each solicitor director of the incorporated legal practice and to any solicitor who is an officer or employee of the incorporated legal practice.
The effect of subclause (2) is that the obligation under section 63 (2) of the Act to co-operate with an auditor falls on both the solicitor director of an incorporated legal practice and any solicitors who are officers or employees of the incorporated legal practice.
Section 64 of the Act applies to each solicitor who is an officer or employee of an incorporated legal practice, and to money paid to a trust account kept by the incorporated legal practice, in the same way as it applies to a solicitor and a trust account kept by a solicitor.
Section 47J of the Act provides that Part 11 of the Act applies to legal services provided by an incorporated legal practice and, for that purpose, authorises the regulations to modify the application of Part 11.
Each solicitor director of an incorporated legal practice must ensure that Division 2 of Part 11 of the Act is complied with in respect of any legal services provided to a client by the incorporated legal practice (including by an officer or employee of the incorporated legal practice).
A failure by a solicitor director of an incorporated legal practice to ensure that Division 2 of Part 11 of the Act is complied with, in respect of such legal services, is capable of being unsatisfactory professional conduct or professional misconduct.
This clause does not affect the liability of any other solicitor, who provides legal services in the capacity of an officer or employee of an incorporated legal practice, for a failure to comply with Division 2 of Part 11 of the Act.
Sections 200 and 201 of the Act apply in respect of an incorporated legal practice.
However, an application:
(a) under section 200 of the Act for an assessment of a bill of costs given to an incorporated legal practice by a barrister or solicitor retained by the incorporated legal practice, or
(b) under section 201 of the Act for an assessment of a bill of costs given by the incorporated legal practice,
may be made only by a solicitor director of the incorporated legal practice, on behalf of the incorporated legal practice, and not by the incorporated legal practice itself.
Section 203 of the Act applies in respect of the application, but references to documents of or held by the applicant are taken to include references to documents of or held by the incorporated legal practice.
An application for a review of such an assessment under section 208KA of the Act may be made only by a solicitor director of the incorporated legal practice, on behalf of the incorporated legal practice, and not by the incorporated legal practice itself.
Despite anything to the contrary in this clause, any certificate issued under Subdivision 4 or 4A of Division 6 of Part 11 of the Act in respect of an assessment or a review applied for by a solicitor director on behalf of an incorporated legal practice is enforceable against the incorporated legal practice and not the solicitor director.
Section 208Q of the Act applies in respect of any conduct of an incorporated legal practice.
For that purpose, the deliberate charging of grossly excessive amounts of costs or a deliberate misrepresentation as to costs by an incorporated legal practice (including by an officer or employee of the incorporated legal practice) constitutes professional misconduct by:
(a) each solicitor director of the incorporated legal practice, and
(b) the solicitor (if any) involved in the conduct.
The Law Society Council and the Legal Services Commissioner may exercise the powers conferred by this Division for the following purposes:
(a) an investigation referred to in section 55 or 152 of the Act (as applied by section 47O of the Act),
(b) a review conducted under section 47P of the Act.
The Law Society Council and the Legal Services Commissioner are not required to jointly exercise the powers conferred by this Division.
This Division does not limit any powers the Law Society Council and the Legal Services Commissioner have under the Act.
The Law Society Council and the Legal Services Commissioner may exercise the powers conferred on ASIC by Division 2 of Part 3 of the ASIC Act.
Division 2 of Part 3 of the ASIC Act applies to and in respect of the exercise of those powers, with the following modifications (and any other necessary modifications):
(a) a reference to ASIC (however expressed) is taken to be a reference to the Law Society Council or the Legal Services Commissioner,
(b) a reference to a matter that is being or is to be investigated under Division 1 of Part 3 of that Act is taken to be a reference to a matter that is being or is to be investigated or reviewed by the Law Society Council or the Legal Services Commissioner as referred to in clause 13S,
(c) a reference in section 19 to a person is taken to be a reference to a solicitor or an incorporated legal practice,
(d) a reference to a prescribed form is taken to be a reference to a form approved by the Law Society Council or the Legal Services Commissioner.
Sections 22 (2), 25 (2), 26 and 27 of the ASIC Act do not apply in respect of the exercise of the powers conferred on the Law Society Council and the Legal Services Commissioner by this clause.
The Law Society Council and the Legal Services Commissioner may exercise the powers conferred on ASIC by sections 30 (1), 34 and 37–39 of the ASIC Act.
Those provisions apply to an in respect of the exercise of those powers, with the following modifications (and any other necessary modifications):
(a) a reference to ASIC (however expressed) is taken to be a reference to the Law Society Council or the Legal Services Commissioner,
(b) a reference to a body corporate (including a body corporate that is not an exempt public authority) is taken to be a reference to an incorporated legal practice,
(c) a reference to an eligible person in relation to an incorporated legal practice is taken to be a reference to an officer or employee of the incorporated legal practice,
(d) a reference to a member or staff member is taken to be a reference to the Law Society Council, the Legal Services Commissioner or a person authorised by the Council or the Commissioner who is an officer or employee of the Council or the Commissioner,
(e) a reference in section 37 to a proceeding is taken to be a reference to an investigation or review referred to in clause 13S, or any proceedings under the Act that arise as a result of that investigation or review.
The Law Society Council and the Legal Services Commissioner may hold hearings for the purpose of an investigation or review referred to in clause 13S.
Compare section 51 of the ASIC Act.
Sections 52, 56 (1), 58, 59 (1), (2), (5), (6) and (8) and 60 (paragraph (b) excepted) of the ASIC Act apply to and in respect of any such hearing, with the following modifications (and any other necessary modifications):
(a) a reference to ASIC (however expressed) is taken to be a reference to the Law Society Council or the Legal Services Commissioner,
(b) a reference to a member or staff member is taken to be a reference to the Law Society Council, the Legal Services Commissioner or a person authorised by the Council or the Commissioner who is an officer or employee of the Council or the Commissioner,
(c) a reference to a person in section 58 is taken to be a reference to a solicitor or an incorporated legal practice,
(d) a reference to a prescribed form is taken to be a reference to a form approved by the Law Society Council or the Legal Services Commissioner.
The following acts or omissions are capable of being unsatisfactory professional conduct or professional misconduct:
(a) a failure by a solicitor to comply with any requirement made by the Law Society Council or the Legal Services Commissioner, or a person authorised by the Council or the Commissioner, in the exercise of the powers conferred by this Division,
(b) a contravention by a solicitor of any condition imposed by the Law Society Council or Legal Services Commissioner in the exercise of the powers conferred by this Division,
(c) a failure by a solicitor director of an incorporated legal practice to ensure that the incorporated legal practice, or any officer or employee of the incorporated legal practice, complies with any of the following:
(i) any requirement made by the Law Society Council or the Legal Services Commissioner, or a person authorised by the Council or the Commissioner, in the exercise of the powers conferred by this Division,
(ii) any condition imposed by the Law Society Council or Legal Services Commissioner in the exercise of the powers conferred by this Division.
For the purposes of section 48D (3) of the Act, the prescribed time (being the time in which a new solicitor director must be appointed for the purposes of that section) is the period of 7 days commencing when the incorporated legal practice ceases to have a solicitor director.
For the purposes of section 38R of the Act, a barrister is required to be an insured barrister if the barrister holds a practising certificate which entitles the holder to practise as a barrister on his or her own account.
However, a barrister is not required to be an insured barrister:
(a) if the barrister is exempted, or is a member of a class of barristers which is exempted, from that requirement by the Bar Council, or
(b) because of any practice referred to in section 38Q of the Act.
The Bar Council may exempt barristers or classes of barristers from the requirement to be insured on such grounds as the Council considers sufficient.
This clause does not have effect until 1 July 1995.
For the purposes of the definition of
However, a solicitor is not required to be an insured solicitor:
(a) if the solicitor has given a written undertaking to the Law Society Council that the solicitor will not practise during the period to which the practising certificate relates otherwise than in the course of the solicitor’s employment by a body or person specified in the undertaking, or
(b) if the solicitor is exempted, or is a member of a class of solicitors which is exempted, from the requirement by the Law Society Council.
Subclause (2) (a) does not apply in respect of a solicitor who is employed by an incorporated legal practice.
The Law Society Council may exempt solicitors or classes of solicitors from the requirement to be insured on such grounds as the Council considers sufficient.
An insurable barrister or insurable solicitor must, on receipt of a request in writing from the appropriate Council, provide to the Council or its brokers (as the Council may direct) such information as to the conduct of the barrister’s or solicitor’s practice (including, in relation to a solicitor director, the conduct of an incorporated legal practice of which the solicitor is a solicitor director) as the Council may require for any purpose related to the insurance of barristers or solicitors under the Act.
The appropriate Council may, in requiring that information, require for example particulars of the income earned by the practice and the terms of employment of the persons employed in the practice.
In this Part,
However, in relation to a solicitor, firm of solicitors or incorporated legal practice that commences practice or providing legal services after 1 April in any year, the first applicable period is the period starting on the commencement of the practice or the provision of legal services and ending on 31 March next following.
The amount to be deposited and kept deposited with the Law Society for the purposes of section 64 of the Act in respect of an applicable period is an amount that is not less than the sum of:
(a) the lowest balance recorded in the trust account kept by the solicitor, firm of solicitors or incorporated legal practice during the previous applicable period, and
(b) the amount (if any) on deposit by the solicitor, firm or incorporated legal practice with the Law Society under section 64 of the Act on the day on which that lowest balance is recorded.
Despite subclause (1), if, in the case of a particular solicitor, firm or incorporated legal practice, on any day during the period beginning with the end of the previous applicable period and ending with the 15th banking day after the end of that period, the sum of the lowest balance recorded in the trust account during that 15-day period and the amount (if any) on deposit with the Law Society on that day is less than the sum of the amounts referred to in subclause (1) (a) and (b), the amount that the solicitor, firm or incorporated legal practice is to deposit and keep deposited with the Law Society is the amount that is equivalent to 80% of the lesser sum.
Despite subclauses (1) and (1A), if during an applicable period money is repaid to the solicitor, firm or incorporated legal practice under section 65 of the Act, the amount to be deposited and kept deposited with the Law Society in respect of that period becomes an amount that is not less than the sum of:
(a) the lowest balance recorded in the trust account kept by the solicitor, firm or incorporated legal practice during the period beginning with the start of that applicable period and ending with the 15th banking day after the repayment, or the lowest balance recorded in that trust account during the previous applicable period (whichever of those balances is the lower), and
(b) the amount (if any) on deposit by the solicitor, firm or incorporated legal practice with the Law Society under section 64 of the Act on the day on which the lower of those balances is recorded.
Despite this clause, if the sum referred to in subclause (1), (1A) or (2) is less than $10,000, the amount to be deposited and kept deposited with the Law Society in respect of an applicable period is nil.
If, during an applicable period, money is repaid to the solicitor, firm or incorporated legal practice under section 65 of the Act on more than one occasion, subclause (2) operates in relation to each such repayment.
Despite this clause, if a particular solicitor, firm or incorporated legal practice is unable to comply with the requirements of clause 19 (1) or (2), the solicitor, firm or incorporated legal practice must request the Law Society, in a form approved by the Society, to determine the amount that the solicitor, firm or incorporated legal practice is to deposit and keep deposited with the Society.
A reference in this clause to the lowest balance recorded in the trust account during a period is a reference to the lowest balance recorded during that period in a statement of account issued by a bank in relation to the trust account.
The solicitor, firm of solicitors or incorporated legal practice must have the amount calculated under clause 18 (1) or (1A) in respect of an applicable period on deposit with the Law Society not later than 20 banking days after the end of the previous applicable period.
The solicitor, firm of solicitors or incorporated legal practice must have the amount calculated under clause 18 (2) on deposit with the Law Society not later than 20 banking days after the day on which the money was repaid under section 65 of the Act.
The solicitor, firm of solicitors or incorporated legal practice must have the amount determined by the Law Society under clause 18 (4A) on deposit with the Law Society not later than 5 banking days after the Law Society notifies the solicitor, firm or incorporated legal practice of its determination.
The following corporations are prescribed for the purposes of section 76 (5) of the Act:
(a) a declared authority (that is, an authority for the time being specified in Schedule 3 to the Public Sector Management Act 1988),
(b) an authority which is established by or under an Act and which is (or whose governing body is) constituted by persons appointed by the Governor or a Minister,
(c) a statutory body that represents the Crown,
(d) a Teaching Service,
(e) the Police Service,
(f) the Joint Coal Board.
The rate of interest prescribed for the purposes of section 85 (1) of the Act is 5 per cent per annum.
For the purposes of section 90D (3) of the Act, the prescribed period is the period of 28 days after the day on which the claim is received by the Law Society.
For the purposes of section 193 (1) of the Act, the following particulars are to be included in a bill of costs:
(a) A description of the legal service provided.
(b) The total amount of the costs charged.
(c) Any intended claim for interest under section 190 of the Act if the costs are not paid (including the rate of interest).
(d) The work done in providing the legal service.
(e) The period over which that work was done.
(f) The identity of the persons who did that work (including the position of the persons eg partner, associate).
(g) The basis on which the costs have been calculated and charged (whether on a lump sum basis, an hourly rate basis, an item of work basis, a part of proceedings basis or other basis).
(h) The facts relied on to justify the costs charged by reference to the above, the practitioner’s skill, labour and responsibility, the complexity, novelty or difficulty of the matter, the quality of the work done or any other relevant matter.
However, the particulars referred to in subclause (1) (d)–(h) need not be included in the bill of costs if:
(a) the total amount of costs charged is the amount, or an amount calculated on the basis, set out in a costs agreement for the legal service made under Division 3 of Part 11 of the Act or disclosed in accordance with Division 2 of that Part, and
(b) the bill of costs refers to the relevant costs agreement or disclosure document.
A bill of costs may comprise more than 1 document.
The above particulars are prescribed for a bill of costs required to be given by a practitioner before costs may be recovered from a client (see section 192 of the Act). A copy of the bill must be attached to an application for assessment of practitioner/client costs (see Forms 1 and 2). In an assessment of party/party costs, the particulars required are those set out in Form 3.
This clause applies to the following:
(a) the costs payable for the enforcement of a lump sum debt or liquidated sum for damages, or
(b) the costs payable for the enforcement of a judgment by a judgment creditor.
A determination of the Legal Fees and Costs Board relating to costs to which this clause applies and in force under section 178A, 179 or 180 of the Act immediately before the repeal of those sections by the Legal Profession Reform Act 1993 continues in force, on and from that repeal, as if it were a regulation under section 196 of the Act.
Subclause (2) has effect only to the extent that such a determination could have been made as a regulation if section 196 (1) (b) or (b1) of the Act (as inserted by the Legal Profession Amendment Act 1996) had been in force when the determination was made.
Section 208 (1) requires any assessment of costs payable on obtaining or enforcing a default judgment to be made in accordance with the costs fixed by this clause. (Section 196 (2) of the Act provides that a barrister or solicitor may not charge a client more than the fixed costs for such a legal service.)
This clause applies to costs for legal services provided in any workers compensation matter.
The fair and reasonable costs fixed for a legal service specified in Schedule 2 are the costs specified in relation to that service in that Schedule, calculated in accordance with that Schedule.
However, after calculating the costs for legal services specified in Parts 1 and 2 of Schedule 2, the total of all such costs is to be reduced by 10%.
Section 208O (1) of the Act requires any assessment of costs for a legal service provided in any workers compensation matter to be made in accordance with the costs fixed by this clause. (Section 196 (2) of the Act provides that a barrister or solicitor may not charge a client more than the fixed cost for such a legal service.)
This clause applies to costs for a matter that is not a legal service but is related to proceedings in any workers compensation matter.
The amount of costs fixed for a service specified in Schedule 3 is the amount specified in relation to that service in that Schedule, calculated in accordance with that Schedule.
Section 208O (2) of the Act requires an assessment of costs for a non-legal service to be made having regard to the costs fixed by this clause. (Section 196 (2) of the Act does not regulate the amount that a barrister or solicitor may charge a client for such a non-legal service.)
A determination of the Legal Fees and Costs Board in force under section 179 of the Act immediately before the repeal of that section by the Legal Profession Reform Act 1993 continues in force, on and from that repeal, as if it were a regulation under section 196 (1) (b2) of the Act but only to the extent that the determination:
(a) applies to legal services relating to probate matters (other than the administration of estates), and
(b) could have been made as a regulation if section 196 (1) (b2) (as inserted by the Legal Profession Amendment Act 1996) had been in force when the determination was made.
Despite the other provisions of this Division, a cost fixed by this Division may be increased by the amount of any GST payable in respect of the legal or other service to which the cost relates, and the cost as so increased is taken to be the cost fixed by this Division.
This clause does not permit a legal practitioner to charge or recover, in respect of GST payable in respect of a legal or other service, an amount that is greater than:
(a) 10% of the maximum amount payable to the legal practitioner in respect of the legal or other service apart from this clause, or
(b) the amount permitted under the New Tax System Price Exploitation law,
whichever is the lesser.
In this clause:
(a) the New Tax System Price Exploitation Code, as applied as a law of New South Wales by the Price Exploitation Code (New South Wales) Act 1999, or
(b) Part VB of the Trade Practices Act 1974 of the Commonwealth.
For the purposes of section 199 (2) of the Act, the prescribed period for making an application for an assessment of a bill of costs is the period of 12 months after the bill was given to the client.
For the purposes of section 203 (1) of the Act, the prescribed form of application for assessment (other than an application for assessment of party/party costs under section 202 of the Act) is:
(a) in the case of an application by the client—Form 1, or
(b) in any other case—Form 2.
The application is to be made to the Manager, Costs Assessment in duplicate.
For the purposes of section 203 (1) of the Act, the prescribed fee that is to accompany such an application is the greatest of the following amounts:
(a) $100,
(b) 1 per cent of the amount remaining unpaid on the bill of costs at the time the application is made,
(c) 1 per cent of the amount of costs in dispute at the time the application is made.
For the purposes of this clause, the amount of costs in dispute is the total amount of costs for those legal services in respect of which the costs claimed are disputed by the person liable to pay them.
On receipt of an application for assessment of a bill of costs made under section 199 of the Act by a client or under section 200 of the Act by an instructing practitioner, the Manager, Costs Assessment is to deal with the application as follows:
(a) A copy of the application is to be sent by the Manager, Costs Assessment to the practitioner who gave the bill of costs with a notice advising the practitioner that any response to the application must be lodged with the Manager, Costs Assessment in writing within 21 days after the practitioner receives the notice.
(b) A copy of any response duly lodged with the Manager, Costs Assessment is to be sent by the Manager, Costs Assessment to the applicant.
(c) The application is to be referred by the Manager, Costs Assessment to a costs assessor for assessment in accordance with section 206 of the Act as soon as practicable after any response is duly lodged with the Manager, Costs Assessment or, if no response is duly lodged, as soon as practicable after the period referred to in paragraph (a).
(d) Any relevant response, and any response that is lodged out of time, is to be sent by the Manager, Costs Assessment to the costs assessor to whom the application for assessment is referred.
On receipt of an application for assessment of a bill of costs made under section 201 of the Act by the practitioner giving the bill, the Manager, Costs Assessment is to deal with the application as follows:
(a) A copy of the application is to be sent by the Manager, Costs Assessment to the person who was given the bill of costs with a notice advising the person that any objection to the application must be lodged with the Manager, Costs Assessment in writing within 21 days after the person receives the notice.
(b) A copy of any objection duly lodged with the Manager, Costs Assessment is to be sent by the Manager, Costs Assessment to the applicant with a notice advising the applicant that any response to the objection must be lodged with the Manager, Costs Assessment in writing within 21 days after the applicant receives the notice.
(c) A copy of any response duly lodged with the Manager, Costs Assessment is to be sent by the Manager, Costs Assessment to the person who lodged the objection.
(d) The application is to be referred by the Manager, Costs Assessment to a costs assessor for assessment in accordance with section 206 of the Act:
(i) if no objection is duly lodged with the Manager, Costs Assessment—as soon as practicable after the period referred to in paragraph (a), or
(ii) if an objection is duly lodged—as soon as practicable after a response is lodged with the Manager, Costs Assessment or, if no response is duly lodged, as soon as practicable after the period referred to in paragraph (b).
(e) Any relevant objection or response, and any objection or response that is lodged out of time, is to be sent by the Manager, Costs Assessment to the costs assessor to whom the application for assessment is referred.
Section 204 of the Act requires the Manager, Costs Assessment to cause a copy of an application for assessment (whether or not for practitioner/client costs) to be given to any barrister, solicitor or client concerned or any other person whom the Manager, Costs Assessment thinks it appropriate to notify.
Section 207 of the Act enables the costs assessor to whom an application is referred to obtain further particulars about the application by notice served on a party.
For the purposes of section 203 (1) of the Act, the prescribed form of application for assessment of party/party costs under section 202 (1) of the Act is Form 3. The application is to be made to the Manager, Costs Assessment in duplicate.
For the purposes of section 203 (1) of the Act, the prescribed fee that is to accompany such an application is the greatest of the following amounts:
(a) $100,
(b) 1 per cent of the amount of costs remaining unpaid at the time the application is made,
(c) 1 per cent of the amount of costs in dispute at the time the application is made.
For the purposes of this clause, the amount of costs in dispute is the total amount of costs for those legal services in respect of which the costs claimed are disputed by the person liable to pay them.
The following procedure applies to an application for assessment of party/party costs made under section 202 (1) of the Act by the person to whom the costs are payable:
(a) Before the application is made to the Manager, Costs Assessment, the person proposing to make the application is to complete the form of application in Form 3 and send a copy of the application to the person liable to pay the costs with a notice advising the person that any objection to the application must be lodged with the applicant in writing within 21 days after the person receives the notice.
(b) The applicant is to attach to the application any such objection received by the applicant before the application is lodged with the Manager, Costs Assessment. The applicant may attach to the application a response to any such objection.
(c) If no such objection is received, the applicant is to certify in the application that no objection was received by the applicant before the application was lodged with the Manager, Costs Assessment.
(d) The application may not be lodged with the Manager, Costs Assessment until after the applicant duly receives an objection or the period referred to in paragraph (a) expires (whichever first occurs).
(e) In accordance with section 204 of the Act, a copy of the application is to be sent by the Manager, Costs Assessment to the person who is liable to pay the costs.
(f) Any objection that is lodged with the applicant after the application is lodged with the Manager, Costs Assessment is to be sent by the applicant to the costs assessor to whom the application for assessment is referred (together with any response that the applicant wishes to make).
The following procedure applies to an application for assessment of party/party costs made under section 202 (1) of the Act by the person liable to pay the costs:
(a) Before the application is made to the Manager, Costs Assessment, the person proposing to make the application is to complete the relevant parts of the form of application in Form 3 and send the application to the person to whom the costs are payable with a notice advising the person that the information required by paragraph 5 of Form 3 is to be provided by the person and the completed application form returned to the applicant within 21 days after the person receives the notice (or within such longer period as the applicant and the person agree).
(b) If the applicant wishes to object to the information provided, the applicant is to lodge the objection in writing with the person who provided the information with a notice advising the person that any response to the objection must be lodged with the applicant in writing within 21 days after the person receives the notice.
(c) The applicant is to attach to the application any such objection made by the applicant and any response received by the applicant before the application is lodged with the Manager, Costs Assessment.
(d) If no such response is received, the applicant is to certify in the application that no response to the objection made by the applicant was received by the applicant before the application was lodged with the Manager, Costs Assessment.
(e) The application may not be lodged with the Manager, Costs Assessment until after the applicant receives the information referred to in paragraph (a) and, if an objection is duly made by the applicant, until:
(i) if no response is duly lodged by the other person—after the period referred to in paragraph (b), or
(ii) if a response is duly lodged—after the response is lodged.
However, if the information referred to in paragraph (a) is not provided within the time required by that paragraph, the application may be lodged with the Manager, Costs Assessment at any time thereafter.
(f) In accordance with section 204 of the Act, a copy of the application is to be sent by the Manager, Costs Assessment to the person to whom the costs are payable.
(g) Any response that is lodged with the applicant after the application is lodged with the Manager, Costs Assessment is to be sent by the applicant to the costs assessor to whom the application for assessment is referred.
On receipt of a direction by a court or tribunal under section 202 (2) of the Act for assessment of party/party costs, the Manager, Costs Assessment is to deal with the direction as if it were an application referred to in subclause (2) made by the person liable to pay the costs and as if the Manager, Costs Assessment were the applicant.
Section 204 of the Act requires the Manager, Costs Assessment to cause a copy of an application for assessment (whether or not for party/party costs) to be given to any barrister, solicitor or client concerned or any other person whom the Manager, Costs Assessment thinks it appropriate to notify.
Section 207 of the Act enables the costs assessor to whom an application is referred to obtain further particulars about the application by notice served on a party.
In determining under section 208F (4) of the Act by whom and to what extent the costs of the assessment of party/party costs are to be paid, the costs assessor may have regard to the following:
(a) the extent to which the determination of the amount of fair and reasonable party/party costs differs from the amount of those costs claimed in the application for assessment,
(b) whether or not, in the opinion of the costs assessor, either or both of the parties to the application made a genuine attempt to agree on the amount of the fair and reasonable costs concerned,
(c) whether or not, in the opinion of the costs assessor, a party to the application unnecessarily delayed the determination of the application for assessment.
Section 208F (5) of the Act provides that the costs under any such determination, to the extent that it relates to the costs of the costs assessor, are to be paid to the Manager, Costs Assessment. A certificate of such a determination may, under section 208J (3) of the Act, be filed in a court of competent jurisdiction and operates as a judgment debt.
The Manager, Costs Assessment may, for the purpose of assisting in the reference of applications for assessment to costs assessors, group costs assessors in panels according to expertise, location and jurisdiction.
The Manager, Costs Assessment is to refer applications for assessment of costs to the most suitable costs assessor having regard to the following:
(a) the availability of costs assessors,
(b) the nature of the matter,
(c) in the case of an assessment of party/party costs—the jurisdiction of the court or tribunal in which the order for costs was made,
(d) the location of the parties and the legal practitioners acting for the parties concerned,
(e) the avoidance of conflict of interests of costs assessors.
The Manager, Costs Assessment must inform the parties to an application for assessment of the name, address and other contact details of the costs assessor to whom the application has been referred.
For the purposes of section 208 of the Act, the costs assessor to whom an application for assessment of costs is referred is to give due consideration to the information in the application and the information provided in accordance with clause 26A or 26C. However, compliance with that clause does not satisfy the requirements of section 208 of the Act if, in the particular circumstances of the case, the parties have not been given a reasonable opportunity to make written submissions.
Section 208 of the Act imposes an obligation on the costs assessor to give the parties a reasonable opportunity to make written submissions to the costs assessor in relation to the application for assessment and to give due consideration to any submission so made.
The costs assessors’ rules committee may, for the purpose of assisting costs assessors in assessing costs, distribute to costs assessors any of the following:
(a) information that has been published about market rates for legal costs,
(b) information about comparative assessments of costs previously made by costs assessors,
(c) relevant judgments of the Supreme Court on appeal from costs assessors’ determinations,
(d) information about relevant provisions of the Act and this Regulation relating to costs assessment,
(e) any other relevant information.
A costs assessor may determine that the amount of fair and reasonable costs is the amount agreed to by the parties if during the course of the assessment the parties notify the costs assessor that they have agreed on the amount of those costs.
In the case of party/party costs, section 208F (4) of the Act provides that the costs assessed are to include, in addition to the fair and reasonable amount of costs, the costs of the assessment (including the costs of the costs assessor).
An application for assessment of costs, and any notice, information, objection, response or other document in relation to the application, may be made or given by a party to the application, the Manager, Costs Assessment or a costs assessor in the same way as a bill of costs may be given under section 195 of the Act.
A certificate under section 208J of the Act that sets out a costs assessor’s determination is to contain the following information:
(a) The amount of costs the costs assessor determines is fair and reasonable.
(b) If the costs assessor declines to assess a bill of costs under section 208C of the Act—the basis for doing so.
(c) Where the costs assessor determines that a term of a costs agreement is unjust—the basis for doing so.
(d) A statement of any determination under section 208E of the Act that interest is not payable on the amount of costs assessed or, if payable, of the rate of interest payable.
(e) (Repealed)
A costs assessor is to give to the Manager, Costs Assessment a copy of any certificate setting out the determination by the costs assessor of an application for assessment of costs.
Section 208J of the Act requires a costs assessor, on making a determination, to issue to each party a certificate that sets out the determination.
Section 208J (5) of the Act does not apply in respect of the issue of a certificate by a costs assessor under section 208J of the Act if the fee for the application for the costs assessment has been waived or postponed (either wholly or in part) by the Manager, Costs Assessment.
For the purposes of section 208KA (2) (a) of the Act, an application for a review of a determination of a costs assessor is to be in Form 2A and is to be filed in triplicate.
For the purposes of section 208KA (2) (b) of the Act, the prescribed fee that is to accompany such an application is $275.
A costs assessor is qualified to be a member of a costs review panel only if the assessor’s name appears on the list compiled under subclause (2).
The Chief Justice of New South Wales may compile a list of costs assessors considered by the Chief Justice to be suitably qualified to be members of costs review panels.
The Chief Justice may amend or revoke any list compiled under this clause for any reason that the Chief Justice considers appropriate.
The Chief Justice may delegate any of his or her functions under this clause (other than this power of delegation) to:
(a) a Judge of the Supreme Court, or
(b) a committee comprised of 1 Judge of the Supreme Court and such other persons as the Chief Justice may appoint.
The Manager, Costs Assessment may, for the purpose of assisting in the reference of applications for reviews of determinations by costs review panels under section 208KB of the Act, group costs assessors in panels according to factors including expertise, location and jurisdiction.
The Manager, Costs Assessment is to refer an application for a review by a costs review panel to a panel of the most suitable costs assessors having regard to the following:
(a) the qualification requirement specified in clause 26IC,
(b) the availability of costs assessors,
(c) the nature of the matter,
(d) the location of the parties and the legal practitioners acting for the parties concerned,
(e) the avoidance of conflict of interests of costs assessors.
The Manager, Costs Assessment is:
(a) to issue a notice advising all parties directly affected by the review of the names of the costs assessors who constitute the costs review panel, and
(b) to direct that all correspondence to the panel be addressed care of the Manager, Costs Assessment unless a member of the panel on behalf of the panel directs otherwise.
A costs review panel reviewing the determination of a costs assessor may determine that the amount of fair and reasonable costs is the amount agreed to by the parties to the review if during the course of the review the parties notify the panel that they have agreed on the amount of those costs.
An application under section 208KA of the Act for a review by a costs review panel of a determination of a costs assessor is to be made by filing the application with the Manager, Costs Assessment.
An application must be filed with:
(a) the prescribed fee, and
(b) an affidavit that notice of the application has been given to the other parties, and
(c) a copy of all the costs assessor’s certificates of determination relating to the assessment that is the subject of the application, and
(d) a copy of the costs assessor’s statement of the reasons for the determination.
The prescribed fee may be filed with the Registry of the Supreme Court.
The applicant must give a copy of the application to the other parties.
Any other document in relation to the application that is required or permitted to be given to the Manager, Costs Assessment or a costs review panel may be given to the Manager, Costs Assessment or to the review panel in any of the following ways:
(a) by filing it with the Manager, Costs Assessment,
(b) by sending it by post to the Manager, Costs Assessment, or to a place nominated by the review panel,
(c) by delivering it to the appropriate place in a document exchange in which the Manager, Costs Assessment has receiving facilities,
(d) in any other way that a member of the panel on behalf of the panel directs.
If a costs review panel affirms a costs assessor’s determination, the certificate required to be given under section 208KF of the Act setting out the costs review panel’s determination is to contain a statement that the determination of the costs assessor has been affirmed by the panel.
If a costs review panel sets aside a cost assessor’s determination, the certificate required to be given under section 208KF of the Act setting out the costs review panel’s determination is to contain the following information:
(a) the amount of costs the panel determines is fair and reasonable,
(b) a statement of any determination as to the person by whom and the extent to which either the fee paid or payable for the application for review or the costs of the costs assessor or both are to be paid,
(c) where the determination relates to costs other than party/party costs:
(i) if the panel declines to assess a bill of costs under section 208C of the Act, the basis for doing so,
(ii) if the panel determines that a term of a costs agreement is unjust, the basis for doing so,
(iii) a statement of any determination under section 208E of the Act that interest is not payable on the amount of costs (or any part of the amount) assessed, or, if payable, of the rate of interest payable.
Section 208KC of the Act provides that, in reviewing a determination of a costs assessor, a costs review panel has all the functions of a costs assessor under Part 11 of the Act and is to determine the application, subject to Subdivision 4 of Division 6 of that Part and the regulations, in the manner that a costs assessor would be required to determine an application for costs assessment.
The panel is to give to the Manager, Costs Assessment a copy of a certificate setting out the determination by the panel of an application for the review of a determination of a costs assessor.
Section 208KJ of the Act requires a costs review panel, on making a determination, to issue to each party a certificate that sets out the determination.
Section 208KF (4) of the Act does not apply in respect of the issue of a certificate by a costs review panel under section 208KF of the Act if the fee for the application for a review by the panel has been waived or postponed (either wholly or in part) by the Manager, Costs Assessment.
A certificate under section 208KH of the Act that sets out a costs review panel’s determination as to the costs of a review is to contain the following information:
(a) the amount of the costs of the review,
(b) a statement of any determination as to the person by whom and the extent to which the costs of the review are to be paid.
This clause applies to:
(a) a statement of reasons for a costs assessor’s determination that is required by section 208JAA of the Act to accompany a certificate issued under section 208J of the Act, and
(b) a statement of reasons for a costs review panel’s determination that is required by section 208KG of the Act to accompany a certificate issued under section 208KF of the Act.
A statement of reasons to which this clause applies must contain the following:
(a) the total amount of costs for providing legal services determined to be fair and reasonable,
(b) the total amount of disbursements determined to be fair and reasonable,
(c) each disbursement varied by the determination,
(d) in respect of any disputed costs, explanation of:
(i) the basis on which the costs were assessed, and
(ii) how the submissions made by the parties were dealt with.
A statement of reasons to which this clause applies may set out such further information as the costs assessor or costs review panel concerned considers is necessary to clarify the determination of the application for a costs assessment or the review of a costs assessor’s determination.
A barrister may, in the course of practising as a barrister, receive money in advance for costs to accrue due to, or to be paid by, the barrister.
This clause does not affect any trust to which money received by a barrister is subject, or any obligation of a barrister under such a trust.
In this Part:
(a) original receipts (if not delivered to the person from whom trust money is received, or if cancelled) and duplicate receipts,
(b) bank, building society or credit union deposits,
(c) cheques,
(d) withdrawals by electronic funds transfer,
(e) bank, building society or credit union statements,
(f) daily receipt and cheque transactions,
(g) ledger account journal transfers and adjustments,
(h) ledger transactions,
(i) ledger trial balance statements,
(j) monthly reconciliations,
(k) duplicate copies of statements of account kept under clause 31 (7),
(l) authorities obtained under clause 55 (2).
A reference in this Part to money received by a solicitor has the same meaning as it has in section 60 (4) of the Act.
A reference in this Part to an account or deposit of controlled money includes a reference to:
(a) an account established in respect of controlled money at a bank, building society, credit union or other financial institution, and
(b) an interest bearing deposit or other deposit of controlled money.
For the purposes of paragraph (g) of the definition of
A solicitor must maintain, or cause to be maintained, in visible form at an office at which the solicitor’s practice is conducted and of which the Law Society has been notified (pursuant to clause 6 (1) (b) or 12):
(a) trust records and controlled money records, and
(b) if those records are maintained by means of a computer system—computer control records.
A solicitor may, at any other office at which the solicitor’s practice is conducted and of which the Law Society has been notified (pursuant to clause 6 (1) (b) or 12), maintain, or cause to be maintained, for that office in visible form separate records of the kind referred to in subclause (1).
A solicitor who maintains records under subclause (2) must, within 21 days after the end of each named month:
(a) compile with the records kept under subclause (1) the original, or a true copy, of each trial balance statement prepared by the solicitor in accordance with clauses 39 and 45 for that month, and
(b) maintain a monthly summary of the total of trust money and controlled money disclosed in the trial balance statements.
A solicitor who has maintained, or caused to be maintained, a record, statement or summary referred to in subclause (1), (2) or (3) or who has lawfully acquired possession of any such record, statement or summary must retain it for not less than 6 years after it is made.
However, subclause (4) does not apply to the solicitor if the record, statement or summary has passed to the lawful possession of another solicitor as a consequence of the disposal of the solicitor’s practice.
Without limiting any other provision of this Part, if a solicitor maintains trust records or controlled money records by means of a computer system, the solicitor must comply with this clause in relation to the records.
The solicitor must maintain a record, compiled in chronological sequence, of all changes (by creation, amendment or deletion) to any of the following information:
(a) name of person for whom or on whose behalf trust money or controlled money is held,
(b) address of the person,
(c) matter number,
(d) matter description,
(e) identification number of the person,
(f) bank account number.
The solicitor must ensure in respect of any journal that:
(a) entries balance before entries are made to the ledger, and
(b) any journal reference numbers are allocated in sequence under program control.
The solicitor must ensure in respect of any ledger that no program is capable of accepting the entry of a transaction resulting in a debit balance to an account unless a contemporaneous record of the transaction is made in such a manner as to enable the production in permanent legible form, on demand, of a separate chronological report of all such occurrences.
The solicitor must ensure that no program enables the deletion of a ledger account unless:
(a) a permanent record of the account, as it was immediately before its deletion, is retained in visible form, and
(b) in the case of a trust ledger account, the balance of the account is zero.
The solicitor must ensure that any entry in a record produced in visible form appears in chronological sequence.
The solicitor must ensure that a report, or each page or entry in a report, is numbered sequentially under program control in a manner that enables the completeness of the records required to be kept by this Part to be conveniently verified.
The solicitor must ensure that no amendment to the particulars of a transaction already recorded can be made otherwise than by a separate transaction effecting the amendment.
The solicitor must ensure that each program requires input in each field of a data entry screen that is intended to receive information required by this Part to be included in trust records or controlled money records.
The solicitor must ensure that:
(a) a back-up copy of all records to which this clause refers is made not less frequently than once each month, and
(b) the most recent back-up copy is kept in a separate location such that any incident that could adversely affect the records would not also affect the back-up copy.
A solicitor who is authorised or instructed by another person, from whom or on whose behalf the solicitor has received money, to pay or deliver the money to a third party (not an associate of the solicitor) free of the solicitor’s control must comply with subclause (2).
The solicitor complies with this subclause if the money is paid or delivered:
(a) before the end of the next banking day or, if that is not practicable, as soon as practicable after the next banking day, or
(b) no later than the day allowed by the solicitor’s authority or instructions if it is a day that is later than the day allowed under paragraph (a).
A solicitor who is required to maintain a trust ledger or a controlled money ledger must deliver to each person for whom, or on whose behalf, money is held or controlled by the solicitor, a separate statement of account in respect of each ledger account maintained for the person.
A statement of account is to contain particulars of the following:
(a) the money received and held or controlled by the solicitor for or on behalf of the person,
(b) the disbursement of the money,
(c) the remaining balance (if any) of the money.
A statement of account is to be delivered as soon as practicable after:
(a) completion of the matter to which the ledger account relates, or
(b) the solicitor receives a written request for the statement from the person for whom, or on whose behalf, the money is held or controlled, or
(c) except as provided by subclause (4), 30 June in each year.
A solicitor is not required to furnish a statement of account under subclause (3) (c) in respect of a ledger account if, at 30 June:
(a) the ledger account has been open for less than 6 months, or
(b) the balance of the ledger account is zero and no transaction affecting the account has taken place within the last preceding 12 months, or
(c) a statement of account has been delivered within the last preceding 12 months and there has been no subsequent transaction affecting the account.
If a statement of account has been delivered in respect of the same ledger account within the preceding 12 months, the opening balance of the new statement of account may be the closing balance of the previous statement of account.
A statement of account is to be delivered in the same way in which a bill of costs may be given to a person under section 195 of the Act.
A solicitor must retain a copy of a statement of account delivered under this clause.
(d) I make the following objections to the bill of costs:
[Note— Objections on the ground that it does not comply with any costs agreement, or that it does not comply with any practitioner’s disclosures as to costs, to be so identified.]
(e) The following additional information is provided that is relevant to the assessment of fair and reasonable costs in this matter:*
The costs have been fully paid/partly paid* in the sum of $/not paid*.
[In the case of part payment, a copy of any receipt given for that payment is to be attached.]
The amount of costs in dispute is the whole bill/is the costs for the following services (being $):
*
[The amount of costs in dispute is the total amount of costs for those legal services in respect of which the costs claimed are disputed by the party liable to pay them.]
The address for the service of notices on the applicant, respondent and any interested parties are the following:
Applicant: |
Respondent: |
Other: |
I authorise the costs assessor to whom this matter is referred to have access to, and to inspect all my documents that are held by me, or by any barrister or solicitor concerned, in relation to this matter.
Date:
Applicant (or Applicant’s Practitioner) |
*Cross out whichever is inapplicable.
(Clause 26 (1) (b))
IN THE SUPREME COURT OF NEW SOUTH WALES
AT SYDNEY
COMMON LAW DIVISION
No of 19
Applicant |
Respondent |
I apply to have this matter referred to a costs assessor.
(a) The costs which are the subject of this application were included in the retained practitioner’s bill of costs dated , a copy of which is attached.
(b) There is no costs agreement between the client and the retained practitioner.
(c) There is a costs agreement between the instructing and retained practitioners (copy attached)/There is no costs agreement between the instructing and retained practitioners*.
(d) I make the following objections to the bill of costs:
[Note— Objections on the ground that it does not comply with any costs agreement to be so identified.]
(e) The following additional information is provided that is relevant to the assessment of fair and reasonable costs in this matter:*
(a) The costs which are the subject of this application were included in my bill of costs dated , a copy of which is attached. The bill was given to the client on in the following manner:
(b) *The bill of costs was given at least 30 days prior to the making of this application.
OR (b) *An application for assessment of the bill of costs has already been made by
(c) There is a costs agreement between myself and the client (copy attached)/There is no costs agreement between myself and the client*.
(d) The following disclosures about costs were made to the client in accordance with the Act:
The costs have been fully paid/partly paid* in the sum of $/not paid*.
[In the case of part payment, a copy of any receipt given for that payment is to be attached.]
The amount of costs in dispute is the whole bill/is the costs for the following services (being $):
[The amount of costs in dispute is the total amount of costs for those legal services in respect of which the costs claimed are disputed by the party liable to pay them.]
The addresses for the service of notices on the applicant, respondent and any interested parties are the following:
Applicant: |
Respondent: |
Other: |
I authorise the costs assessor to whom this matter is referred to have access to, and to inspect all my documents that are held by me, or by any barrister or solicitor concerned, in relation to this matter.
Date:
Applicant (or Applicant’s Practitioner) |
*Cross out whichever is inapplicable.
(Clause 26IB)
IN THE SUPREME COURT OF NEW SOUTH WALES
AT SYDNEY
COMMON LAW DIVISION
No of
Applicant |
Respondent |
I apply to have a determination of a costs assessor reviewed by a costs review panel.
The determination to be reviewed was set out in the certificate(s) of determination issued on by Costs Assessor
A copy of the certificate(s) of determination and the statement of reasons given by the costs assessor are attached to this application.
The grounds for making the application for review are set out in the space provided on the back of this form.
I certify that:
(a) this application is made within 28 days after the issue of the certificate(s) of determination to be reviewed, and
(b) notice of this application was served on the respondent on (being not less than 7 days before this application was made).
An affidavit proving service of notice of this application on the respondent is attached to this application.
This application relates to the assessment of:
|
|
|
|
* I am responsible for payment/ * Another person is responsible for payment of the costs the subject of the determination to be reviewed.
The addresses for the service of notices on the applicant and the respondent are:
Applicant | |
Applicant’s legal practitioner, if any | Telephone Fax |
Respondent | |
Respondent’s legal practitioner, if any | Telephone Fax |
Date:
Applicant (or Applicant’s legal practitioner) |
*Cross out whichever is inapplicable
(Clause 26B (1))
IN THE SUPREME COURT OF NEW SOUTH WALES
AT SYDNEY
COMMON LAW DIVISION
No of 19
Applicant |
Respondent |
I apply to have this matter referred to a costs assessor.
The costs which are the subject of this application are the costs payable by the applicant/respondent* as a result of an order of the Court at on // in matter No /.
The costs have been fully paid/partly paid* in the amount of $/not paid*.
[In the case of part payment, a copy of any receipt given for that payment is to be attached.]
The amount of costs in dispute is the whole bill/is the costs for the following services (being $):
*
[The amount of costs in dispute is the total amount of costs for those legal services in respect of which the costs claimed are disputed by the party liable to pay them.]
The following information relating to this matter is provided**:
(a) Details of the proceedings in respect of which the costs are payable, including the identity of the parties to the proceedings and of their legal representatives:
(b) The total amount of costs payable:
(c) The relevant work done in those proceedings and the period over which that work was done:
(d) The identity of the persons who did that work (including the position of the persons eg partner, associate):
(e) The basis on which the costs have been calculated and charged (whether on a lump sum basis, an hourly rate basis, an item of work basis, on a part of proceedings basis or other basis):
(f) The facts relied on to justify the costs charged as fair and reasonable by reference to the above, the practitioner’s skill, labour and responsibility, the complexity, novelty or difficulty of the matter, the quality of the work done or any other relevant matter:
[The above information may be given by attaching a separate statement containing the information, or by attaching a copy of a bill of costs containing the information that has been given to a client or instructing practitioner.]
A copy of this application was sent to the respondent on
Attached are objections to this application, and any response, made in accordance with clause 21C of the Regulation.*
I certify that:
(a) no objection to this application by the respondent was received by me before the lodging of the application.*
[where application made by person to whom costs are payable]
(b) no response by the respondent to the objections made by me was received by me before the lodging of the application.*
[where application made by person by whom costs are payable].
The addresses for the service of notices on the applicant, respondent and any interested parties are the following:
Applicant: |
Respondent: |
Other: |
I authorise the costs assessor to whom this matter is referred to have access to, and to inspect all my documents that are held by me, or by any barrister or solicitor concerned, in relation to this matter.
Date:
Applicant (or Applicant’s Practitioner) |
*Cross out whichever is inapplicable.
**If this application is made by the person by whom the costs are payable, the information in para. 5 is to be completed by the person to whom the costs are payable after a copy of this application is sent to that person.
(Clause 42)
(This notice is issued when a solicitor acquires control of a person’s money or deposits or invests money for a person and retains control of the money.)
Name and address of person on whose behalf controlled money is received:
[Where specific sum of money received]
(a) Amount money received:
(b) When money received:
(c) From whom money received:
(d) How/where money is held by solicitor:
or
[Where solicitor has power or authority over money in person’s accounts/deposits]
(e) Names and numbers of accounts/deposits:
(f) Names and addresses of financial institutions or persons where or with whom accounts or deposits are held:
(g) Date, registration particulars (if any) and nature of instrument granting power or authority to solicitor:
Solicitor’s instructions received from:
on:
to deal with money received or held in accounts/deposits noted in paragraph 2, as follows:
Particulars as to the payment or investment of money referred to in Part 1 of this notice (or in Part 1 of Notice No dated ).
Name and address of person on whose behalf controlled money is received:
Amount of money paid/invested:
Date of payment/deposit:
Name and address of person or institution holding the money paid or deposited:
Name and number of the account or deposit:
Terms on which money is deposited or invested:
(i) Term or maturity date of deposit:
(ii) The rate of interest:
(iii) Date from which interest is computed:
(iv) The deposit or investment is unsecured:
or
The deposit or investment is secured and particulars of the security are:
(v) Special terms (if any):
(Clause 48)
TO: The Law Society of New South Wales
(a) Practice Name:
The name(s) of the solicitor(s) who at any time during the period carried on practice solely or in partnership under the above name or as solicitor director(s) of the above incorporated legal practice and the period of practice are as follows:
Name
Period
From
To
From
To
From
To
From
To
(b) The Trust Records referred to in this report relate to the Bank Account(s) conducted under the above practice name and described in Schedule 1 to this report.
(c) The Controlled Money Records referred to in this report relate to the accounts and money recorded in any controlled money ledger accounts closed during the 12 months ended 31/3/19 and in any controlled money ledger accounts current at that date and described in Schedule 2 to this report.
The limited examination of the Trust Records and Controlled Money Records conducted for the purpose of completing this Report does not constitute an audit.
Particulars of any letter of credit issued in respect of the deposit made under the provisions of section 64 of the Act are contained in Schedule 3 to this report.
I have completed and signed the Reporting Accountant’s Check List in the form approved by the Council of the Law Society of New South Wales.
A true copy of the Summary of Breaches of Regulation from the Reporting Accountant’s Check List is Schedule 4 to this report.
The Summary Review Memorandum is Schedule 5 to this Report.
In my opinion, based on appropriate examinations and sampling techniques,
*** throughout the period covered by the report,
and subject to the qualifications noted below: *** QUALIFICATIONS: (If qualifications are made/an adverse report is given, a copy of this report is to be forwarded direct to the Chief Trust Account Inspector c/- Law Society of NSW)
The accounting systems and internal controls used by the solicitor(s) to ensure that trust money has been properly accounted for were:
Appropriate/inappropriate for the practice conducted, and
Operated/did not operate satisfactorily.
Trust money recorded as received, held and/or disbursed during the period has/had not been accurately recorded in the manner prescribed.
The records prescribed for the recording of trust money have/have not been maintained regularly and properly.
The accounting system and internal controls used by the solicitor(s) to ensure that controlled money has been properly accounted for were:
Appropriate/inappropriate for the practice conducted, and
Operated/did not operate satisfactorily.
Controlled money recorded as received, held and/or disbursed during the period has/has not been accurately recorded in the manner prescribed.
The records prescribed for the recording of controlled money have/have not been maintained regularly and properly.
*** Delete as appropriate.
Dated this day of 19.
Full name
(Block letters) |
Company Auditor’s Registration No
Firm Name (if any)
Postal Address
Phone No
1 Trust Bank Account Number:
Bank:
Branch Address:
BSB Number:
Period from: to
Bank statement balance as at 31/3/19 $
Total client funds as at 31/3/19 $
(ie Cash book balance plus Statutory Deposit balance)
Number of Trust Ledger Accounts as at 31/3/19 (excluding zero balances):
2* Trust Bank Account number:
Bank:
Branch Address:
BSB Number:
Period from: to
Bank statement balance as at 31/3/19 $
Total client funds as at 31/3/19 $
(ie Cash book balance plus Statutory Deposit balance)
Number of Trust Ledger Accounts as at 31/3/19 (excluding zero balances):
*Delete where appropriate/attach separate list if space is insufficient.
(Where appropriate, show “NIL” or “NOT APPLICABLE”)
| $ |
| |
| $ |
|
(Where appropriate, show “NIL” or “NOT APPLICABLE”)
(a) Letter of Credit Details as at 31 March 19.
Bank
Letter of Credit Number
$
(b) Movement Schedule
Balance at 31 March 19
$
Date
$
Adjustment during period:
Balance at 31 March 19
$
(c) April 19 Adjustment
Balance at 1 April 19
$
Adjustments:
Date
$
Balance and date of report //
(If no breaches, show “NIL”)
Regulation | Check List Item Reference | Description and Extent of Breach |
This memorandum summarises the reasons for issuing an unqualified, qualified or adverse Report and is to be completed after considering the results of all procedures conducted to complete the Report.
* Attach additional schedule if space is insufficient.
(Clause 55)
TO: | (insert name of legal firm) | |
I/WE: | (insert name(s) of investors) (insert address(es)) | of |
authorise and instruct you to invest on my/our behalf the sum of $ on the terms and conditions contained in the Disclosure Notice (given under clause 55 of the Legal Profession Regulation 1994) dated and subject to the terms and conditions in this application form.
My/Our full name(s) and address(es) for the description on the mortgage document is/are:
• Applicant Mr/Mrs/Miss/Ms
Surname
Other names
Company name ACN
Address
Suburb/Postcode
Contact name (if company)
Email address
Date of birth
Occupation
(OR)
The mortgage is to be registered in the following name as Mortgagee:
• Applicant Mr/Mrs/Miss/Ms
Surname
Other names
Company name ACN
Address
Suburb/Postcode
Contact name (if company)
Email address
Date of birth
Occupation
Full name and address of the Borrower is
The estimated value of the security at the date of the loan will be at least $
The value will be evidenced by
Total principal sum to be lent under the mortgage $
The total principal sum must be secured by way of a first registered mortgage over the security described in this Authority.
Details of the security:
(a) Term of Mortgage months
(b) Address of the property
(c) Nature of improvements
Name and address of Guarantor
There are to be no prior mortgages or charges affecting security.
My/Our contribution to the loan $
(a) Unless otherwise specified in paragraph 19 of this Authority, I am/we are not entitled to the repayment of my/our contribution until the mortgage is discharged.
(b) Unless I/we notify the firm in writing at least 14 days before the maturity date that I/we wish to withdraw from the investment, the firm may permit the investment to continue until the mortgage is renewed or paid in full.
(c) Unless I/we notify the firm in writing within 14 days of receipt of a request of a renewal confirmation that I/we wish this investment to end on the review date, the firm may renew the investment for a further term set out in the renewal confirmation.
Payments of interest and principal are to be:
*(a) paid by cheque to:
(OR)
*(b) by direct payment to the following account:
• Account name
• Bank details
• Account number
• Branch (BSB) number
(* Strike out whichever is not applicable)
*(a) The interest rate must not be varied during the term of the loan,
(OR)
*(b) The interest rate may be varied during the term of the loan on the following basis:
(* Strike out whichever is not applicable)
The interest rate applicable to the loan is to be per cent per annum payable in advance/arrears subject to a reduction to per cent per annum for any payment that is made within days after the due date for that payment.
I/we authorise (insert name of legal firm) to deduct the following fees:
(a) a management fee of % from the interest paid by the borrower,
(b) an exit fee of % of the value of the contribution.
The firm pays commission to brokers and licensed dealers as follows:
I/we have/have not supplied tax file numbers to (insert name of legal firm).
The Borrower may in some circumstances repay the loan before the expiration of the period specified in paragraph 6 (a) of this Authority on the following conditions
This Authority is given on the understanding that at the date of the making of the loan:
(a) the Borrower will not be you or an associate, by which term is meant a person or company associated with a solicitor (as defined in section 60 (2) of the Legal Profession Act 1987), and
(b) you or any such associate will have no financial interest in the Borrower unless you disclose the relationship or interest to me/us and I/we have received written advices from an independent solicitor in the prescribed form,
(c) I am/We are aware that, in respect of any mortgage loan to which my/our money may be applied, you may also/will not act as solicitor for the Borrower.
(a) I/We are aware that the fidelity insurance policy of (insert name of legal firm) is limited to $4 million.
(b) I/We are also aware that under a State regulated mortgage we are not entitled to make a claim against the Fidelity Fund for the purposes of obtaining compensation for pecuniary loss if a claim relates to a regulated mortgage for which the solicitor is required to have fidelity insurance.
Special conditions or instructions not relating to the security
I/We acknowledge having received, read and understood the information contained in the Disclosure Notice (given under clause 55 of the Legal Profession Regulation 1994), this Authority and the valuation(s) relating to the security property(s) and declare that the decision to invest in this mortgage is a decision based on my/our enquiries and is not based on any advice of the (insert name of legal firm).
Before I/we signed this Authority all of the required particulars had been inserted and all blank spaces had been filled up or ruled out.
This form must be signed by the investor. All joint investors must sign. If the investor is a corporation, partnership, firm or unincorporated association, the person(s) authorised by its constitution must sign and state the capacity in which they are signing (eg director, secretary). If signed under power of attorney, the attorney must state that no notice of cancellation of the power has been received. The power of attorney must be produced if it has not already been noted by the firm.
Date
(Full name) | (Signature) |
(And capacity if applicable) | |
(Full name) | (Signature) |
(And capacity if applicable) | |
(Full name) | (Signature) |
(And capacity if applicable) |
(Repealed)
(Clause 56)
MORTGAGOR:
Postal Address:
MORTGAGEE:
Postal Address:
[Where principal sum contains contributions of more than one lender]
Name and address of Mortgagee to whom this summary is sent
Amount advanced by him/her
Total principal sum
Principal $
Repayable
Interest per centum per annum (reducible to per centum per annum if paid within 14 days after due dates).
Special Conditions
Particulars of security:
(i) General description:
(ii) Date of execution:
(iii) Registered number or dealing number:
(iv) Standing in order of priority to other mortgages or charges:
(v) Total loan secured:
Particulars of property comprising security:
(i) Real Property:
(a) Address:
(b) Shire/Municipality:
(c) Title reference:
(d) Improved/unimproved:
(e) Nature of improvements:
(f) Assessment of value:
Issued by:
Dated:
(g) Special conditions as to progress payments:
(ii) Other:
(a) Description of property:
(b) Assessment of value:
Issued by:
Dated:
(c) Other relevant particulars:
Prior encumbrances:
(i) Encumbrances (described):
(ii) Amount secured:
(iii) Parties:
(iv) Date:
This Notice/Summary is issued to this day of 19.
(Signature)
(Name of Solicitor)
(Firm)
(Address)
(Clause 6A)
For the purposes of section 36 (4) (b) of the Act, the common date for the duration of current practising certificates that, immediately before 1 July 2001, are held by insurable solicitors (that is, the
As a result, those current practising certificates remain in force until immediately before 1 September 2001, subject to section 36 (3) of the Act.
This clause applies in respect of a current practising certificate held by an insurable solicitor only if:
(a) before 1 July 2001, the Attorney General approves a policy of indemnity insurance under section 41 (2) of the Act that provides indemnity insurance for the extension period to all insurable solicitors who, immediately before 1 July 2001, hold current practising certificates, or
(b) the company can lawfully make payments from the Solicitors’ Mutual Indemnity Fund for the purposes of indemnifying insurable solicitors for the extension period.
In this clause:
See clause 15 for the meaning of
(Clause 23A)
1 | Drawing/typing/checking originating process, notice of appeal to the court, notice of application for leave to make an appeal to the court, or third or subsequent party notice | $56 |
2 | Drawing/typing/checking any document, including any notice of subpoena or document necessarily or properly filed or delivered to another party or to counsel or the court, but excluding a certificate of readiness, per page | $17 |
3 |
| $39 |
| $17 | |
4 |
| $17 |
| $8 | |
| $17 | |
5 |
| $14 |
| ||
| $20 | |
| $14 | |
6 |
| $15 |
| $5 | |
| $3 | |
7 | Being a photographic reproduction, carbon or other copy of a document including copies for use in court, copies of doctors’ reports for use on hearing, sending or receiving facsimile transmission, including the time reasonably spent by a legal practitioner or clerk in preparing, sorting and collating such documents for copying, per page In respect of facsimile transmissions, STD and IDD transmission fees may be claimed as disbursements. | $1 |
8 |
| $35 |
| $4 | |
| ||
9 | Where any individual item merits any particular skill or attention an additional allowance is to be made in addition to any general allowance under item 10. | |
10 | Such sum as may be reasonable, having regard to all the circumstances of the case and in particular to:
| |
11 | Any disbursement necessarily incurred is to be allowed except in so far as any such disbursement is of an unreasonable amount or has been unreasonably incurred and any doubts which the taxing officer/costs assessor may have as to whether any disbursement was reasonably incurred or was reasonable in amount are to be resolved in favour of the receiving party. | |
12 | In this Part: | |
13 | An allowance under Items 1, 2, 3 and 4 includes any file copy. |
1 | Briefs on hearing—Brief Fees are to be calculated on the nature of the relief obtained, in accordance with the following scale: | |
| $620 | |
| $850 | |
| $980 | |
The scale appropriate for the relief obtained is to be as follows: | ||
| A | |
| A | |
| A | |
| A | |
| C | |
| C | |
| B | |
| C | |
| C | |
| A | |
| C | |
| A | |
| C | |
2 | To appear in respect of any motion where the court certifies that the matter is appropriate for an advocate | $370 |
3 | To attend any second or subsequent conference in respect of the applicant, if certified | $125–310 |
4 | To advise on evidence | $125–310 |
5 | For drawing, settling any necessary document; conferences; advice (not including advice on evidence); pleadings or for any work involving an advocate in his or her chambers or offices; views, including travelling time; taking a reserved judgment; appearing at call overs; mentions and adjournments; other than any work referred to in items 1–4 inclusive—per hour: | $140 |
6 |
| |
7 | Refreshers:
| |
8 | Loadings:
| |
9 | A solicitor providing an advocacy service is entitled to only 66% of the fee calculated under this Part when the service is provided to his or her own client or to a client of his or her employer. |
1 For the purposes of item 8 of Part 2 of this Schedule, the loading for attending a hearing at any of the following towns, for the first day is:
Town
Loading $
Town
Loading $
Albury
723
Kempsey
629
Armidale
663
Lismore
658
Bateman’s Bay
662
Lithgow
273
Bathurst
525
Maitland (including East Maitland)
411
Bega
799
Moree
616
Bourke
1141
Moruya
516
Broken Hill
1232
Moss Vale
284
Campbelltown
63
Mudgee
490
Casino
745
Murwillumbah
761
Cessnock
411
Muswellbrook
436
Cobar
1049
Narrabri
572
Coffs Harbour
584
Narrandera
568
Condobolin
889
Newcastle
411
Cooma
882
Nowra
411
Coonamble
850
Nyngan
977
Cootamundra
603
Orange
468
Cowra
464
Parkes
633
Deniliquin
777
Penrith
63
Dubbo
615
Port Macquarie
530
Forbes
615
Queanbeyan
526
Glen Innes
584
Singleton
632
Gosford
176
Tamworth
613
Goulburn
434
Taree
490
Grafton
715
Tweed Heads
714
Griffith
588
Wagga Wagga
544
Gundagai
690
Wentworth
1154
Gunnedah
680
Wollongong
260
Hay
761
Yass
463
Inverell
683
Young
603
Katoomba
239
2 If the advocate of a Senior Counsel—add $75 per day to the relevant loading.
3 For each additional day attending a hearing at any of the towns listed above—add $163.
4 Where the NRMA car rental discount is applicable, the amount of the loading is to be reduced by an amount that is calculated by subtracting the discount amount paid from the amount allowed in the loading of $99.
(Clause 23B)
$ | ||
1 | Barristers, solicitors, accountants, medical practitioners, surveyors, architects, pharmacists and other professional persons attending to give evidence | 160–300 |
or per hour | 125–200 | |
1A | Whenever a barrister, solicitor, accountant, architect, pharmacist, or other professional person (not being a medical practitioner) prepares a report, the fee for the preparation of such report is to be allowed at a rate per hour or part of an hour | 125–200 |
2 | Whenever the persons mentioned in item 1 are called to give expert evidence and not evidence of fact: | |
| 250–400 | |
| 125–200 | |
| ||
3 | Travelling and other allowances: | |
| ||
| ||
4 | Other witnesses: | |
| ||
| ||
5 | The following fees may vary within the stated range, depending on the complexity of the matter, the number of documents to be studied and the amount of research needed to give the medical opinion. | |
| ||
| 120–160 | |
| 80–120 | |
| 60–80 | |
| ||
| 200–300 | |
| 150–250 | |
| 100–175 | |
| ||
| 220–500 | |
| 200–450 | |
| 100–215 | |
6 | Attending a joint examination (including travelling time where the distance does not exceed 8 kilometres): | |
| 300–500 | |
| 130–175 | |
| 100–175 | |
7 | Where special circumstances are shown to exist, eg, as in the case of a psychiatrist or psychologist necessitating prolonged or repeated attendances in a particular case, fees may be charged in accordance with item 1. | |
8 | Allowances for interpreters: | |
| ||
| 250 | |
| ||
| 80 | |
| 30 | |
| 22 | |
|
0
0
0