Legal Profession Regulation 2002 (NSW)
This Regulation is the Legal Profession Regulation 2002.
This Regulation commences on 1 September 2002.
This Regulation replaces the Legal Profession Regulation 1994 which is repealed on 1 September 2002 under section 10 (2) of the Subordinate Legislation Act 1989.
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 73 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 (other than in Part 10) to a form is a reference to a form in Schedule 1.
The notes in this Regulation (except notes in a form) do not form part of this Regulation.
For the purposes of section 27 (3) of the Act, the prescribed period is the period commencing on 1 April and ending on 7 June before the current practising certificate expires.
For the purposes of section 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 29C 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.
Subject to subclause (1), the appropriate Council may determine a scale of late fees in respect of applications, so that the greater the time that has elapsed since the end of the prescribed period the higher the late fee.
For the purposes of section 29A of the Act, the following costs of the Bar Association (including any ancillary costs and costs of an administrative nature) may be recovered by the charging of practising certificate fees (in addition to the costs of or associated with the regulatory functions of the Bar Council or Bar Association):
(a) the costs associated with the maintenance and operation of the library of the Bar Association, but only if the library service is available to all barristers,
(b) the costs associated with providing or assisting in providing any scheme under which legal services (including referral services) are provided to the public pro bono or at reduced rates, or are provided to a court or tribunal, but only if the scheme does not provide any greater benefit to barristers who are members of the Bar Association than it does to other barristers and the costs are not otherwise recoverable by the Bar Association,
(c) the costs associated with providing or assisting in providing any information, scheme or program relating to the law, legal practice or conflict resolution that is provided for the information or education of the public but only if the information, scheme or program does not provide any greater benefit to barristers who are members of the Bar Association than it does to other barristers and the costs are not otherwise recoverable by the Bar Association,
(d) the costs associated with assisting the State or Commonwealth Government or a Parliamentary Committee of the State or Commonwealth with law reform initiatives, activities and programs if the Attorney-General is satisfied that the assistance is provided for the public benefit.
In this clause,
For the purposes of section 29B of the Act, the following costs of the Law Society (including any ancillary costs and costs of an administrative nature) may be recovered by the charging of practising certificate fees (in addition to the costs of or associated with the regulatory functions of the Law Society Council or Law Society):
(a) the costs associated with the maintenance and operation of the library of the Law Society, but only if the library service is available to all solicitors,
(b) the costs associated with providing or assisting in providing any scheme under which legal services (including referral services) are provided to the public pro bono or at reduced rates but only if the scheme does not provide any greater benefit to solicitors who are members of the Law Society than it does to other solicitors and the costs are not otherwise recoverable by the Law Society,
(c) the costs associated with providing or assisting in providing any information, scheme or program relating to the law, legal practice or conflict resolution that is provided for the information or education of the public but only if the information, scheme or program does not provide any greater benefit to solicitors who are members of the Law Society than it does to other solicitors and the costs are not otherwise recoverable by the Law Society,
(d) the costs associated with assisting the State or Commonwealth Government or a Parliamentary Committee of the State or Commonwealth with law reform initiatives, activities and programs if the Attorney-General is satisfied that the assistance is provided for the public benefit.
In this clause,
An application by a legal practitioner for a practising certificate must be in a form that is approved by the appropriate Council, and signed by the practitioner, and must contain or be accompanied by the following:
(a) particulars of any partnership of which the practitioner is a member,
(b) 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,
(c) the address of the office or offices at which the practitioner practises or provides legal services and, if more than one office, an indication as to which of those addresses is that of the principal office,
(d) in the case of a practitioner who is a member of, or employed by, a partnership or is an officer or employee of an incorporated legal practice—the address of the office or offices at which the partnership or legal practice practises or provides legal services and, if more than one office, an indication as to which of those addresses is that of the principal office,
(e) in the case of a practitioner who is employed otherwise than by a partnership or incorporated legal practice—the name of the employer and the address of the principal office of the employer,
(ea) the telephone number and facsimile number (if any) of the practitioner at the office or offices at which the practitioner practises or provides legal services,
(eb) the number of an exchange box in a document exchange (DX) of Australian Document Exchange Pty. Limited (if any) that is used by the practitioner,
(f) 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),
(g) if the practitioner has been found guilty of any offence (other than an excluded offence)—the nature of the offence,
(h) 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,
(i) 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 Act 2001 of the Commonwealth, a copy of those reports (being the reports most recently lodged with the Australian Securities and Investments Commission).
Subclause (1) (g):
(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 this Regulation (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 after 8 March 1991, and
(g) does not apply to a finding of guilt previously disclosed in an application for a practising certificate or under clause 133.
Subclause (1) (h) does not require the disclosure of any information previously disclosed in an application for a practising certificate or under clause 134.
Subclause (1) (h) applies to acts of bankruptcy whether occurring before or after the commencement of this Regulation.
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,
The appropriate Council may accept from the holder of a current practising certificate the surrender of the 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 appropriate Council may accept from the holder of a practising certificate the surrender of the certificate if:
(a) the Council is satisfied that there is a good reason for the surrender of the certificate (for example, that the holder is retiring from practising as a barrister or solicitor or no longer intends to practise as a barrister or solicitor in New South Wales), and
(b) the Council is not aware of any circumstances relating to the holder that would give rise to the conducting of an investigation, or the taking of disciplinary action, under the Act.
The appropriate Council may, by notice in writing served on the holder of a practising certificate, require the certificate to be surrendered to the Council within a period specified in the notice.
A person must not fail to comply with a requirement made under subclause (2A).
Maximum penalty: 10 penalty units.
The appropriate Council may require a certificate to be surrendered under subclause (2A) only if satisfied that the holder of the certificate is not entitled to continue practising as a barrister or solicitor.
The Council may refund part of the fee paid in respect of a certificate surrendered under this clause 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 the practising certificate of a legal practitioner has effect from the date on which service of notice of the decision on the legal practitioner was effected or at the expiration of a period following that date and specified in the notice.
A notice required to be served under subclause (1) on a legal practitioner must be served:
(a) personally, or
(b) by post addressed to the principal office at which the practitioner practises or provides legal services (as last notified under clause 7) or by delivering it to that office.
The appropriate Council may include in a register information that 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).
(Repealed)
The appropriate Council may publish, in circumstances which it considers appropriate, all or any of the following information:
(a) the name of any legal practitioner on the register,
(b) the name of the practitioner’s firm (including a firm that is a partnership or an incorporated legal practice) or employer, the address at which the practitioner, or the firm or employer of the practitioner, practises or provides legal services,
(c) the telephone number and facsimile number of the practitioner at the office or offices at which the practitioner practises or provides legal services,
(d) the number of an exchange box in a document exchange (DX) of Australian Document Exchange Pty. Limited that is used by the practitioner,
(e) any other relevant contact information for the legal practitioner at the office or offices at which the practitioner practises or provides legal services.
A legal practitioner may, by notice in writing to the appropriate Council, request the Council not to publish any information about the legal practitioner that is on the register if special circumstances warrant the information not being published (for example, if the safety or well-being of a person would be affected by publishing the information).
If the appropriate Council is satisfied that those special circumstances exist, the Council is not to publish the information concerned unless the appropriate Council considers that the public interest in maintaining public access to the information outweighs any individual interest in the information not being published.
The appropriate Council is not to publish information supplied under clause 7 (1) (g) or (h), 133 or 134, except as authorised under Division 9A of Part 10 of the Act.
Division 9A of Part 10 of the Act authorises the publication of disciplinary action taken against legal practitioners.
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 7 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.
The 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 7 (1) (g) or (h).
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 that is recorded on the register and any changes in that information that 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 other forms of 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 or neutral evaluation undertaken in accordance with Part 4 of the Civil Procedure Act 2005 or Part 5A of the Land and Environment Court Act 1979.
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 Council) 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 they apply 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 32,
(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 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 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 32, 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 32.
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 the definition of
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.
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 as the Council may require for any purpose related to the insurance of barristers or solicitors under the Act.
Without limiting the type of information that may be required under subclause (1), the information required may include the following:
(a) particulars of the income earned by the practice and the terms of employment of the persons employed in the practice,
(b) in relation to a solicitor director, information as to the conduct of an incorporated legal practice of which the solicitor is a solicitor director.
In this clause:
Each corporation that is:
(a) an authority that is established by or under an Act and that is (or whose governing body is) constituted by persons appointed by the Governor or a Minister, or
(b) a statutory body that represents the Crown,
is prescribed for the purposes of section 76 (5) of the Act.
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.
A claim may not be made under Part 7 of the Act in respect of a failure to account or a dishonest default by a person who is in a partnership authorised under section 48G of the Act but who is not a barrister or solicitor unless the failure to account or dishonest default occurred in the course of the business of the partnership that is business of a barrister or solicitor.
Section 48G (3) (e) of the Act applies Part 7 of the Act, subject to the regulations, in respect of a partnership in which a barrister or solicitor is authorised by that section to be a member.
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) a statement:
(i) in a case where the bill of costs is given to a client—that the client may apply to have the costs assessed under Part 11 of the Act, but that if the costs have been wholly or partly paid, the application must be made within 12 months after the client is given the bill of costs, or
(ii) in a case where the bill of costs is given by a barrister or solicitor who was retained by another barrister or solicitor to act on behalf of a client and the bill of costs is given to that other barrister or solicitor—that the barrister or solicitor who is given the bill of costs may apply to have the costs assessed under Part 11 of the Act within 30 days after the bill of costs is given,
(e) the work done in providing the legal service,
(f) the period over which that work was done,
(g) the identity of the persons who did that work (including the position of the persons, for example, partner, associate),
(h) 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),
(i) 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) (e)–(i) 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 the approved forms referred to in clause 53). In an assessment of party/party costs, the particulars required are those set out in the approved form referred to in clause 55 (1).
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.)
However, this clause is subject to the Workplace Injury Management and Workers Compensation Act 1998 which includes provisions in relation to costs and the assessment of costs in workers compensation matters.
The costs payable for:
(a) the uncontested recovery of a lump sum debt, or
(b) the enforcement of a judgment by a judgment creditor,
are the costs specified in Schedule 3.
The costs specified in Schedule 3 are inclusive of all attendances, copying, letters, perusals, searches and telephone calls by or on behalf of the legal practitioner (being the legal practitioner retained by the plaintiff) in relation to the action concerned.
For avoidance of doubt, this clause does not fix the costs payable for obtaining a judgment in contested matters. In such a case, only the costs payable for the enforcement of the judgment by the judgment creditor are fixed.
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 4 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 substitution 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.
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.
The Chief Justice of the Supreme Court may, on the recommendation of the costs assessors’ rules committee, approve forms (and amendments to such approved forms) for the purposes of the provisions of this Part.
An approved form or an amendment to an approved form:
(a) is to be published in the Gazette, and
(b) takes effect when it is published in the Gazette or on such later date as may be specified in the approval.
Until a substitute approved form is approved and takes effect under this clause:
(a) Form 1 in Schedule 1 (as in force immediately before the commencement of this clause) is taken to be the approved form for the purposes of clause 53 (1), and
(b) Form 2 in Schedule 1 (as in force immediately before the commencement of this clause) is taken to be the approved form for the purposes of clause 53 (1A), and
(c) Form 3 in Schedule 1 (as in force immediately before the commencement of this clause) is taken to be the approved form for the purposes of clause 55 (1), and
(d) Form 4 in Schedule 1 (as in force immediately before the commencement of this clause) is taken to be the approved form for the purposes of clause 64 (1).
A form that is taken to be an approved form under subclause (3) may be amended in the same way as an approved form approved under this clause.
A reference in this Part to an
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:
(a) except as provided by paragraph (b), the period of 12 months after the bill was given to the client, or
(b) if a Council or the Commissioner applies for an assessment of costs for the purpose of investigating a complaint as referred to in section 153 (1) of the Act, the period of 12 months after the complaint was made.
For the purposes of section 203 (1) of the Act, an application for assessment (other than an application for assessment of party/party costs under section 202 of the Act) by the client is to be made in the approved form.
For the purposes of section 203 (1) of the Act, an application for assessment (other than an application for assessment of party/party costs under section 202 of the Act) by a person other than the client is to be made in the approved form.
The application is to be made to the Manager, Costs Assessment in triplicate.
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 that is required by section 204 to be sent by the Manager, Costs Assessment to the practitioner who gave the bill of costs is to be accompanied by 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.
In subclause (1),
On receipt of an application for assessment of a bill of costs made under section 201 of the Act by the barrister or solicitor giving the bill, the Manager, Costs Assessment is to deal with the application as follows:
(a) A copy of the application required by section 204 to be sent by the Manager, Costs Assessment to the person who was given the bill of costs is to be accompanied by 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 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 (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, an application for assessment of party/party costs under section 202 of the Act is to be made in the approved form.
The application is to be made to the Manager, Costs Assessment in triplicate.
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 the approved form referred to in clause 55 (1) 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 the approved form referred to in clause 55 (1) and send the application to the person to whom the costs are payable (the
recipient ) with a notice advising the recipient that the information required of the recipient in the form is to be provided by the recipient and the completed application form returned to the applicant within 21 days after the recipient receives the notice (or within such longer period as the applicant and the recipient 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.
(f) However, if the information referred to in paragraph (a) is not provided within the period specified in that paragraph, the application may be lodged with the Manager, Costs Assessment at any time after that period has expired.
(g) 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.
(h) 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 of the Supreme Court. 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.
In addition to the requirements 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 54 or 56.
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).
This clause applies to an application for assessment of costs, and any notice, information, objection, response or other document in relation to the application.
A document to which this clause applies may be given to a party to a costs assessment in the same way as a bill of costs may be given under section 195 of the Act.
A document to which this clause applies may be given to a costs assessor:
(a) in the same way as a bill of costs may be given under section 195 of the Act, or
(b) in any other manner that the costs assessor authorises.
A document to which this clause applies may be given to the Manager, Costs Assessment 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
(c) by delivering it to the appropriate place in a document exchange in which the Manager, Costs Assessment has receiving facilities, or
(d) in any other manner that the Manager, Costs Assessment authorises.
A costs assessor is to give to the Manager, Costs Assessment a copy of the certificate required to be given under section 208J of the Act.
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.
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 must be accompanied by the following information:
(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, an explanation of:
(i) the basis on which the costs were assessed, and
(ii) how the submissions made by the parties were dealt with,
(e) if the costs assessor declines to assess a bill of costs under section 208C of the Act—the basis for doing so,
(f) if the costs assessor determines that a term of a costs agreement is unjust—the basis for doing so,
(g) 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.
A statement of reasons to which this clause applies may be accompanied by such further information as the costs assessor concerned considers is necessary to clarify the determination of the application for a costs assessment.
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.
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 208KA (2) (a) of the Act, an application for a review of a determination of a costs assessor is to be made in the approved form 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 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 accompanied by (in addition to the prescribed fee required by that section):
(a) an affidavit that notice of the application has been given to the other parties, and
(b) a copy of all the costs assessor’s certificates of determination relating to the assessment that is the subject of the application, and
(c) a copy of the costs assessor’s statement of the reasons for the determination.
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.
The panel is to give to the Manager, Costs Assessment of the Supreme Court 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.
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 must be accompanied by the following information:
(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, an explanation of:
(i) the basis on which the costs were assessed, and
(ii) how the submissions made by the parties were dealt with,
(e) 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,
(f) if 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.
A statement of reasons to which this clause applies may be accompanied by such further information as the costs review panel concerned considers is necessary to clarify the review of a costs assessor’s 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 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 availability of costs assessors,
(b) the nature of the matter,
(c) the location of the parties and the legal practitioners acting for the parties concerned,
(d) 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.
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 77 (7),
(l) authorities obtained under clause 102 (1).
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 section 60 (2) of the Act, an incorporated legal practice is an associate of a solicitor who is a solicitor director of the incorporated legal practice or an officer or employee of the incorporated legal practice.
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 (under clause 7):
(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 (under clause 7), 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 85 and 91 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.
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:
Signed:
(Clause 108)
Mortgagor:
Postal address:
Mortgagee:
Postal address:
Name and address of Mortgagee to whom this summary is sent
Amount advanced by him/her
Total principal sum
Principal $
Repayable
Interest per cent per annum (reducible to per cent per annum if paid within 14 days after due dates).
Special conditions
Particulars of security:
(a) General description:
(b) Date of execution:
(c) Registered number or dealing number:
(d) Standing in order of priority to other mortgages or charges:
(e) Total loan secured:
Particulars of property comprising security:
(a) Real property:
(i) Address:
(ii) Shire/Municipality:
(iii) Title reference:
(iv) Improved/unimproved:
(v) Nature of improvements:
(vi) Assessment of value:
Issued by:
Dated:
(vii) Special conditions as to progress payments:
(b) Other:
(i) Description of property:
(ii) Assessment of value:
Issued by:
Dated:
(c) Other relevant particulars:
Prior encumbrances:
(a) Encumbrances (described):
(b) Amount secured:
(c) Parties:
(d) Date:
This Notice/Summary is issued to
on
(Clause 46)
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 |
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 |
Drawing/typing/checking certificate of readiness where required | $39 |
If the certificate of readiness is special or necessarily long, such allowance as the registrar thinks proper, not exceeding per page | $17 |
Short letter (up to one folio in length) | $17 |
Circular, being identical (save for address details) with any other letter | $8 |
Any other letter, per folio | $17 |
Not requiring skill | $14 |
Requiring skill or legal knowledge: | |
| $20 |
| $14 |
Perusal of Court documents (being any document filed in court), per page or part of a page | $15 |
Perusal of other documents, including correspondence, per folio | $5 |
Where it is not necessary to peruse but it is necessary to scan a document, per page | $3 |
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 |
Time reasonably spent by a legal practitioner (not being time spent at a conciliation conference) including travelling, waiting time, other than work referred to in items 1–6 inclusive, per quarter hour or part of a quarter hour | $35 |
Time spent by a legal practitioner at a conciliation conference, per hour or part of an hour | $250 |
Time reasonably spent by a clerk including travelling, waiting time on work other than work referred to in items 1–6 inclusive, per six minute unit
| $4 |
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 9. | |
Such sum as may be reasonable, having regard to all of the circumstances of the case and in particular to:
| |
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. | |
An allowance under items 1, 2 and 3 includes any file copy. In this Part: |
Briefs on hearing—Brief Fees are to be calculated on the nature of the relief obtained, in accordance with the following scale:
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 |
To appear in respect of any motion, or at any conciliation conference, where the court certifies that the matter is appropriate for an advocate | $370 |
To attend any second or subsequent conference in respect of the applicant, if certified | $125–$310 |
To advise on evidence | $125–310 |
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 1–3 inclusive—per hour | $140 |
| |
Refreshers:
| |
Loadings:
| |
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. |
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 |
$ | |
Albury | 723 |
Armidale | 663 |
Bateman’s Bay | 662 |
Bathurst | 525 |
Bega | 799 |
Bourke | 1141 |
Broken Hill | 1232 |
Campbelltown | 63 |
Casino | 745 |
Cessnock | 411 |
Cobar | 1049 |
Coffs Harbour | 584 |
Condobolin | 889 |
Cooma | 882 |
Coonamble | 850 |
Cootamundra | 603 |
Cowra | 464 |
Deniliquin | 777 |
Dubbo | 615 |
Forbes | 615 |
Glen Innes | 584 |
Gosford | 176 |
Goulburn | 434 |
Grafton | 715 |
Griffith | 588 |
Gundagai | 690 |
Gunnedah | 680 |
Hay | 761 |
Inverell | 683 |
Katoomba | 239 |
Kempsey | 629 |
Lismore | 658 |
Lithgow | 273 |
Maitland (including East Maitland) | 411 |
Moree | 616 |
Moruya | 516 |
Moss Vale | 284 |
Mudgee | 490 |
Murwillumbah | 761 |
Muswellbrook | 436 |
Narrabri | 572 |
Narrandera | 568 |
Newcastle | 411 |
Nowra | 411 |
Nyngan | 977 |
Orange | 468 |
Parkes | 633 |
Penrith | 63 |
Port Macquarie | 530 |
Queanbeyan | 526 |
Singleton | 632 |
Tamworth | 613 |
Taree | 490 |
Tweed Heads | 714 |
Wagga Wagga | 544 |
Wentworth | 1154 |
Wollongong | 260 |
Yass | 463 |
Young | 603 |
If the advocate is a senior counsel—add $75 per day to the relevant loading.
For each additional day attending a hearing at any of the towns listed above—add $163.
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 47)
No | Item | Amount |
Costs of taking instructions, preparing documents and filing statement of claim for recovery of lump sum debt including drawing/typing/checking of originating process and cheque to pay account of process server | $858 | |
Costs of service—for each additional defendant | $50 | |
Costs of substituted service including drawing/typing/checking of affidavit, notice of motion and cheque to pay account of process server | $488 | |
Costs of service in another jurisdiction: | ||
| $187 | |
| $128 | |
| $578 | |
Costs on applying for default judgment for recovery of lump sum debt including all matters listed in Item 1 plus drawing/typing/checking of affidavit of service, notice of motion and affidavit in support | $1,246 | |
Costs on obtaining certificate of judgment under section 15 of the Foreign Judgments Act 1991 of the Commonwealth, including drawing/typing/checking of summons, minute of judgment, certificate under that section and affidavit of facts | ||
| $687 | |
| $481 | |
Costs of taking instructions, preparing documents and filing notice of motion for writ of execution (whether or not the matter was contested) including drawing/typing/checking of notice of motion, affidavit and cheque for payment of proceeds to plaintiff | $530 |
No | Item | Amount |
Costs of taking instructions, preparing documents and filing statement of claim for recovery of lump sum debt including drawing/typing/checking of originating process and cheque to pay account of process server | $642 | |
Costs of service—for each additional defendant | $50 | |
Costs of substituted service including drawing/typing/checking of notice of motion, affidavit and cheque to pay account of process server | $462 | |
Costs on applying for default judgment for recovery of lump sum debt including all matters listed in Item 1 plus drawing/typing/checking of affidavit of service, notice of motion and affidavit in support | $956 | |
Costs on obtaining judgment in undefended proceedings including all matters listed in Items 1 and 4 | $1,335 | |
Costs of obtaining an order for examination, including drawing/typing/checking of notice of motion and cheque to pay account of process server | $506 | |
Costs on issue of warrant for arrest of judgment debtor including drawing/typing/checking of notice of motion for issue of warrant | $217 | |
Costs of taking instructions, preparing documents and filing notice of motion for writ of execution (whether or not the matter was contested) including drawing/typing/checking of notice of motion, affidavit and cheque for payment of proceeds to plaintiff | $388 |
No | Item | Amount |
Costs of taking instructions, preparing documents and filing statement of claim for recovery of lump sum debt including drawing/typing/checking of originating process and cheque to pay account of process server | $491 | |
Costs on applying for default judgment for recovery of lump sum debt including all matters listed in Item 1 plus drawing/typing/checking of affidavit of service, notice of motion and affidavit in support | $712 | |
Costs on obtaining judgment in undefended proceedings including all matters listed in Items 1 and 2 | $1,228 | |
Items 1, 2 and 3 are alternatives, and only one of them is applicable in respect of any matter. If, in respect of any of those Items, if the amount at issue in the proceedings: | ||
| ||
| ||
| ||
| ||
Costs of obtaining an order for examination, including drawing/typing/checking of notice of motion and cheque to pay account of process server | $293 | |
Costs on examination of judgment debtor by solicitor | $213 | |
Costs on issue of warrant for arrest of judgment debtor including drawing/typing/checking of notice of motion for issue of warrant | $155 | |
Costs of taking instructions, preparing documents and filing notice of motion for writ of execution (whether or not the matter was contested) including drawing/typing/checking of notice of motion, affidavit and cheque for payment of proceeds to plaintiff | $198 |
(Clause 48)
Barristers, solicitors, accountants, medical practitioners, surveyors, architects, pharmacists and other professional persons attending to give evidence | $160–300 |
| $125–200 |
Whenever a barrister, solicitor, accountant, surveyor, architect, pharmacist, or other professional person (not being a medical practitioner) prepares a report, the fee for the preparation of the report is to be allowed at a rate per hour or part of an hour | $125–200 |
Whenever the persons mentioned in item 1 are called to give expert evidence and not evidence of fact: | |
| $250–400 |
| $125–200 |
| |
Travelling and other allowances:
| |
Other witnesses:
|
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 |
Attending a joint examination (including travelling time where the distance does not exceed 8 kilometres): | |
| $300–500 |
| $130–175 |
| $100–175 |
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) | |
Allowances for interpreters: | |
| |
| $250 |
| |
| $80 |
| $30 |
| $22 |
|
(Clause 143)
In this Schedule:
A reference in this Schedule to a former provision of the Act is a reference to that provision as in force immediately before 1 July 1994.
A reference in this Schedule to a new provision of the Act is a reference to that provision as in force on or after 1 July 1994.
This clause and clause 3 apply in respect of a complaint made under former Part 10 of the Act.
If a complaint made before 1 July 1994 has not, before that date, been the subject of proceedings before the former Board or the former Tribunal, the complaint is to be dealt with as if it had been made under new Part 10 of the Act. A matter that has been referred under former Part 10 of the Act to the former Board or the former Tribunal by a Council, but has not, by 1 July 1994, been the subject of proceedings before the former Board or former Tribunal, is taken to be a matter referred to the new Tribunal under new Part 10 of the Act.
If a complaint has been made to a Council (or is the subject of a notice given to a Council by the former Review Panel under former section 140 (2) of the Act) before 1 July 1994, but the Council has made no decision in response to the complaint or notice, as the case may be, before that day, the complaint is to be dealt with by the Council as if it had been made under new Part 10 of the Act.
Anything done under former Part 10 of the Act in respect of a complaint to which this clause applies is taken to have been done under new Part 10 of the Act.
If a complaint is the subject of proceedings before the former Board or the former Tribunal that are pending on 1 July 1994, those proceedings may be continued before, and determined by, that Board or that Tribunal as if former Part 10 of the Act were still in force.
If a complaint made under former Part 10 of the Act has (whether before, on or after 1 July 1994) been the subject of proceedings before the former Board or the former Tribunal resulting in a determination in relation to the complaint or the termination of the proceedings, any further action in respect of the complaint that is taken on or after 1 July 1994 is to be taken under new Part 10 of the Act. In that case, the determination or termination is to be treated as if it had been made under new Part 10 of the Act by the new Tribunal.
Examples of further action are a review of the determination, a reference of the complaint to the Tribunal or an appeal.
To the extent that a complaint has been the subject of proceedings before the former Tribunal, this clause applies to the complaint whether the proceedings are in relation to the review of the determination of a complaint by the former Board or they are in relation to a complaint referred directly to the former Tribunal.
A reference in this clause to a determination:
(a) is a reference to a determination that continues to have effect after 30 June 1994, and
(b) includes a determination that, because of this clause, is made under a provision of former Part 10 of the Act on or after 1 July 1994, and
(c) includes any reprimand or order made as a result of a determination.
The former Board continues in existence (as constituted immediately before 1 July 1994) for the purposes of determining any proceedings under clause 3.
The provisions of former Part 10 of the Act that relate to the constitution and functions of the former Board continue to apply to the former Board while it continues in existence under this clause.
The former Tribunal continues in existence (as constituted immediately before 1 July 1994) for the purposes of determining any proceedings under clause 3.
The provisions of former Part 10 of the Act that relate to the constitution and functions of the former Tribunal continue to apply to the former Tribunal while it continues in existence under this clause.
If an application has been made to the former Review Panel under former Part 10 of the Act for a review of a Council’s decision to dismiss a complaint, the review is to be conducted as if that Part were still in force.
If the former Review Panel has made a recommendation under former Part 10 of the Act to the Attorney General in connection with a complaint, the Attorney General is to treat the recommendation as if former Part 10 of the Act were still in force (but as if a reference to the former Board or to the former Tribunal in the recommendation to the Attorney General were a reference to the new Tribunal).
A reference in former section 140 (3) (b) of the Act to the referral of a matter by a Council to the former Board or the former Tribunal is taken, if the referral is made on or after 1 July 1994, to be a reference to the institution of proceedings in relation to the matter by the Council in the new Tribunal.
The former Review Panel continues in existence (as constituted immediately before 1 July 1994) for the purposes of determining any review under this clause.
The provisions of former Part 10 of the Act that relate to the constitution and functions of the former Review Panel continue to apply to the former Review Panel while it continues in existence under this clause.
If a Council has decided to dismiss a complaint under former Part 10 of the Act, and no application has been made to the former Review Panel for a review of the decision to dismiss the complaint, but, as at 1 July 1994, the period specified in former section 137 (2) of the Act for applications for review has not passed, the complainant may apply for a review of the decision under Division 6 of new Part 10 of the Act. The application may be made at any time after 30 June 1994 and before the period of 2 months after the decision was made (or, according to former Part 10 of the Act, is deemed to have been made) has passed.
An appeal to the Supreme Court under former Part 10 of the Act that has not been heard before 1 July 1994 is to be heard under new Part 10 of the Act as if it had been made to the Supreme Court under new Part 10.
An appeal to the Supreme Court under former Part 10 of the Act that has been partly heard (or has been completely heard but not determined) before 1 July 1994 may continue to be heard, and may be determined, as if that Part were still in force.
Division 2 of new Part 11 of the Act does not apply in respect of legal services provided by a legal practitioner on or after 1 July 1994 if the practitioner was retained to provide those services before 1 July 1994.
Nothing in this clause prevents a legal practitioner from making a disclosure in accordance with that Division in respect of legal services referred to in subclause (1).
Clauses 24 and 29 do not apply in respect of legal services provided to a client by an incorporated legal practice if the solicitor who provides those services (in the capacity of an officer or employee of the incorporated legal practice) was retained by the client to provide those services before 1 July 2001 and made any disclosure required by Division 2 of Part 11 of the Act.
Division 3 of new Part 11 of the Act does not apply in respect of legal services provided by a legal practitioner on or after 1 July 1994 if the practitioner was retained to provide those services before 1 July 1994.
However, if Division 2 of that Part is complied with by a legal practitioner in relation to the provision of legal services, and the practitioner and the relevant client agree to the application of Division 3 of that Part in respect of those services, this clause does not prevent that application.
This clause applies in respect of costs which are the subject of a bill given to a client (or which are the subject of an order of a court or tribunal made) on or after 1 July 1994.
An assessment of those costs under Division 6 of new Part 11 of the Act, to the extent that the costs relate to any work done by a solicitor or barrister, or action taken, before 1 July 1994, is to be made by a costs assessor in accordance with new Part 11 of the Act. However, the former taxation principles apply to any such assessment and that Part is to be construed accordingly.
This clause applies to costs which were the subject of a bill given to a client (or which were the subject of an order of a court or tribunal made) before 1 July 1994.
The former taxation provisions continue to apply (and new Part 11 of the Act does not apply) in respect of costs if application is made before 1 July 1995, whether for the taxation or assessment of the costs.
If, however, application is made on or after 1 July 1995 (whether for the taxation or assessment of the costs), the costs are to be assessed in accordance with new Part 11 of the Act. However, the former taxation principles apply to any such assessment and that Part is to be construed accordingly.
Anything done under section 64 of the Act in accordance with the Legal Profession Regulation 1994 before the commencement of this Regulation is taken to have been done in accordance with this Regulation.
For the purposes of clause 81 of Schedule 8 to the Act, and despite the repeal of the Legal Profession (Solicitors Corporations) Regulation 1996, the provisions of that Regulation continue to apply to solicitor corporations to which that clause applies.
Clause 44 does not affect any claim made under Part 7 of the Act before the commencement of that clause.
Clause 44 does not apply to a failure to account or dishonest default that occurred before the commencement of that clause.
Subject to any other provision of this Schedule, anything that had effect under, or was done for the purposes of, a provision of the Legal Profession Regulation 1994 continues to have effect under, or is taken to have been done for the purposes of, the corresponding provision of this Regulation.
In this clause:
Subject to subclause (4), the old provisions continue to apply in relation to proceedings in respect of a complaint that were instituted in the Administrative Decisions Tribunal before the commencement date.
Subject to subclause (4), the new provisions apply only in relation to proceedings in respect of a complaint that are instituted in the Administrative Decisions Tribunal on or after the commencement date.
The President of the Administrative Decisions Tribunal may determine that, for the purpose of conducting a hearing into a complaint where the relevant proceedings were instituted in the Tribunal before the commencement date, the Tribunal is to be constituted in accordance with the new provisions.
The President is to make a determination under subclause (4) only if the President is of the opinion that it would be impracticable or undesirable to constitute the Tribunal in accordance with the old provisions, having regard to the length of time before which the hearing will occur or to any other matter that the President considers relevant.
The amendments made to section 171F of the Act by the amending Act do not apply in relation to orders or decisions made by the Administrative Decisions Tribunal before the commencement of those amendments.
Former clause 142 continues to apply to a person who, at any time during the period from 1 September 2002 to 2 April 2004, was the holder of a practising certificate required to undertake continuing legal education. However, former clause 142 continues to apply to such a person only until the end of the relevant period, in relation to the person, that started before 2 April 2004.
Accordingly, any such person continues to be required to comply with former clause 142 by the end of that relevant period.
If the person has not already complied with former clause 142 by 2 April 2004, then he or she has the option of either:
(a) complying with former clause 142 by the end of the relevant period in relation to the person, or
(b) complying with new clause 142 by the end of the relevant period in relation to the person (as if the compliance period for new clause 142 were that relevant period).
In either case, the person is then taken to have complied with former clause 142.
This clause does not affect the obligation of any person to whom this clause applies to comply with new clause 142 by the end of the compliance period referred to in that clause.
In this clause:
Former clause 142 imposed specific continuing legal education obligations on practitioners. New clause 142 changed those obligations. This clause gives existing practitioners who have not (as at 2 April 2004) complied with former clause 142 the option of fulfilling those obligations by complying with either the new continuing legal education requirements or the former requirements by the end of the relevant period under former clause 142. Practitioners will still be required to comply with the new requirements before the end of the compliance period referred to in new clause 142.
Section 29 of the Act, and the regulations under section 29, as in force before the repeal of section 29 by the amending Act, continue to apply in respect of an application for a practising certificate if the practising certificate is to have effect for a period ending before 1 July 2005. Sections 29A–29C (as inserted by the amending Act) do not apply in respect of such an application.
Accordingly, the fee or fees determined by a Council and approved by the Attorney General under section 29 before the repeal of that section, and any late fee payable under that section, continue to apply in respect of any such application.
See also clause 92 of Schedule 8 to the Act, which provides that section 29 continues to apply in respect of practising certificates issued before the repeal of section 29.
A fee for membership of the Bar Association or the Law Society may be charged under section 57M or 57MA, as inserted by the amending Act, before the commencement of those sections. However, any such fee may be charged only for membership of the Bar Association or Law Society on or after the date of commencement of Schedule 1 [32] to the amending Act.
In this clause:
0
0
0