Queensland Law Society Act Amendment Act 1978 (Qld)

84 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 9 of 1978 An Act to amend the Queensland Law Society Act 1952- 1974 in certain particulars [ASSENTED TO 24TH MAY, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Queensland Law Society Act Amendment Act 1978. (2) In this Act the Queensland Law Society Act 1952-1974 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Queensland Law Society Act 1952-1978. 2. Commencement . (1) Subject to subsection (2), this Act shall commence on a day to be fixed by Proclamation. (2) A different day or different days may be fixed by the Proclamation under subsection (1) or by a subsequent Proclamation or subsequent Proclamations as the day or days for the commencement of any particular provision or particular provisions of this Act specified therein, and in that respect any such provision or provisions shall commence on the day fixed by Proclamation in relation thereto. 3. Amendment of s. 5 . Section 5 of the Principal Act is amended by- (a) in subsection (9)- (i) inserting after subparagraph (h) of paragraph (i) the following subparagraph:- (ha) To provide for and with respect to indemnity against loss arising from claims in respect of every description of civil liability incurred by a practising practitioner or former practising practitioner- (A) in connexion with his practice; or (B) in connexion with any trust of which he is or formerly was a trustee;"; (ii) inserting after paragraph (iii) the following paragraphs:- " (iv) Rules made under paragraph (i) in pursuance of subparagraph (ha) as in force for the time being are in this Act referred to as " the Indemnity Rules ".

Queensland Law Society Act Amendment Act 1978, No. 9 85 (v) The Indemnity Rules- (a) may authorize or require the Society to establish and maintain a fund or funds; (b) may authorize or require the Society to take out and maintain insurance with insurers carrying on insurance business and approved by the Council for the purposes of such insurance; (c) may require practising practitioners or any specified class of practising practitioners to take out and maintain insurance with insurers carrying on insurance business and approved by the Council for the purposes of such insurance. (vi) Without limiting the generality of subparagraph (ha) of paragraph (i) or paragraph (v), the Indemnity Rules- (a) may specify the terms and conditions on which indemnity is to be available and any circumstances in which the right to indemnity is to be excluded or modified; (h) may provide for the management, administration and protection of any fund established and maintained under the Indemnity Rules, and require practising practitioners or any class of practising practitioners to make payments to any such fund; (c) may require practising practitioners or any class of practising practitioners to make payments by way of premium on any insurance policy taken out and maintained by the Society by virtue of the Indemnity Rules; (d) may prescribe terms and conditions with which an insurance policy, required by the Indemnity Rules made for the purposes of subparagraph (c) of paragraph (v), must comply; (e) may authorize the Society to determine the amount of any payments required by the Indemnity Rules, subject to such limits or in accordance with such provisions as may be prescribed by the Rules; (f) may authorize the Society or insurer to take proceedings against a practising practitioner or former practising practitioner in respect of sums paid by way of indemnity in connexion with a matter in relation to which he has failed to comply with the Indemnity Rules, and may specify circumstances in which such proceedings may be taken; (g) may specify circumstances in which practising practitioners are exempt from the Indemnity Rules; (h) may provide for the establishment, maintenance, management and administration on behalf of the Society of any scheme of indemnity provided for by or under the Indemnity Rules by a prescribed instrumentality of the Society and may confer on such instrumentality such powers and functions of the Society or the Council as may be requisite or expedient for implementation of any provisions of the Indemnity Rules made in this regard;

86 Queensland Law Society Act Amendment Act 1978, No. 9 (i) may empower the Council to take such steps as it considers necessary or expedient to ascertain whether or not the Indemnity Rules are being complied with; and (j) may contain incidental, procedural or supplementary provisions. (vii) If any practising practitioner fails in any respect to comply with the Indemnity Rules, he shall be liable to be dealt with for professional misconduct and the Council may, of its own motion, refer to the Statutory Committee any question in respect of that failure. (viii) The Council shall have power, without prejudice to any of its other powers, to carry into effect any arrangements that it considers necessary or expedient for the provision of indemnity under or pursuant to the Indemnity Rules."; (b) inserting after subsection (9) the following subsection:- " (9A) Where an action in respect of any description of civil liability arising out of the business of practising as a solicitor or conveyancer is before the Supreme Court or a District Court and any person who may be made liable in that action is indemnified under a contract of insurance in accordance with this Act, such action shall be heard and determined by a judge without a jury.". 4. Amendment of s. 6 . Section 6 of the Principal Act is amended by, in subsection (3), inserting after paragraph (a) the following paragraph:- " (aa) In any case where a practitioner is struck off the roll of barristers or solicitors or barristers and solicitors or suspended from practice in any other State or in a Territory of the Common- wealth, the statutory committee on proof thereof shall, in accordance with Rules of Court made under the authority of this Act, make an order that such practitioner be struck off the roll or suspended for a similar period in this State unless he shows cause to the satisfaction of the statutory committee why he should not be so struck off or suspended.". 5. Amendment of s. 11A. Section 11A of the Principal Act is amended by, in subsection (1)- (a) omitting from the meaning of the term " Former practitioner " occurring in paragraph (a) the words " specified in subparagraph (ia) " and substituting the words " or in a circumstance specified in subparagraph (ia) or (ib) "; (b) inserting after subparagraph (ia) of paragraph (b) the following subparagraph:- " (ib) The Council, where it has passed a resolution, in respect of a practitioner who is neither an applicant for nor the holder of a certificate, that the circumstances relating to that practitioner are such that, if he were an applicant for or the holder of a certificate, the application would be refused or the certificate cancelled, as the case may be, pursuant to section 41 or 41A or, if he were the holder of a certificate, the certificate would be suspended pursuant to section 41B; and such resolution as aforesaid remains of force and effect; or ". 6. Amendment of s. 24 . Section 24 of the Principal Act is amended by, in subsection (1), inserting after the words " entrusted to him or to his clerk or servant " the words " in Queensland ".

Queensland Law Society Act Amendment Act 1978, No. 9 87 7. Amendment of s. 40 . Section 40 of the Principal Act is amended by- (a) inserting after the words " payable under this Act by him, " the words " and on production by the applicant of evidence satisfactory to the secretary of compliance with the Indemnity Rules with respect to the maintenance of or fulfilment of obligations in relation to insurance,"; (b) omitting paragraph (b) and substituting the following paragraph:- (b) On application by a solicitor or conveyancer who shall not have practised as a solicitor or conveyancer prior to the date of such application, accompanied by a declaration by the applicant in the prescribed form showing, in the case of a solicitor- (i) that the applicant has qualified for admission as a solicitor after completing service for the period prescribed and applicable to him under The Solicitors' Admission Rules, 1968 as amended from time to time or under any rules in substitution therefor- (A) under articles of clerkship to a practising practitioner in accordance with such rules; (B) as a managing clerk in the office of a practising practitioner in accordance with such rules; or (C) under articles of clerkship to a practising practitioner followed by bona fide employment as a law clerk or managing clerk in the office of a practising practitioner in accordance with such rules; (ii) that the applicant has completed the period of service applicable to him prescribed by section 7 of the LegalPractitionersActs Amendment Act1968-1977 in one or more of the offices referred to in that section; or (iii) that the applicant has completed one year since admission as a solicitor in full time employment as an employed solicitor of a practising practitioner, issue to him a certificate in the form prescribed which shall be in force from the date of such certificate until 30 June next following such date;"; (c) inserting after paragraph (b) as substituted by this Act the following paragraph:- " (ba) On application by a solicitor who, although not having practised as a solicitor in Queensland prior to the date of his application, shows in a declaration by him in the prescribed form accompanying his application that he has completed one year in full time legal professional practice (not being at any time in that year exclusive practice as a barrister) in another State or a Territory of the Commonwealth whether as a principal, a partner or an employee of another practising solicitor, issue to him a certificate in the form prescribed which shall be in force from the date of such certificate until 30 June next following such date;". 8. Amendment of s. 41 . Section 41 of the Principal Act is amended by, in subsection (1), inserting after paragraph (i) the following paragraph:- 46 . (j) is in any way in default under any of the provisions of the Indemnity Rules.".