Queensland Law Society Act Amendment Act of 1930 (21 Geo v No. 46) (Qld)

13162 SUPREME COUR'l'. Q1wensland Law Society A_ct Amendment Act. 21 GEO. V. No. 46, -- ----------------------- 21NGo.eo4. 6. V. An Act to make Provision for the Establishment THE and Administration of a Legal Practitioners' QUEENS- LAND LAW Fidelity Guarantee Fund, for Providing for A SO M C E I N E D TY M A EN C T T the Issue of Annual Practising Certificates, ACT OF 1930. and for Other Purposes. [ASSENTED TO 30TH DECEMBER, 1930.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART 1.- PRELL\llNARY. PART I.-PRELIMINARY. Short title and commenoe- ment. 1. This Act may be cited as " The Queensland Law Society Act Amendment Act of 1930," and shall be read together with and deemed part of *" The Queensland Law Society Act of 1927" (hereinafter referred to as "the Principal Act "). The Principal Act and this Act may collectively be cited as "The Queensland Law Society Acts, 1927 to 1930." Parts of Act. 2. This Act is divided into Parts as follows :- PART I.-PRELIMINARY; PART n. - LEGAL PRACTITIONERS' FIDELITY GUARANTEE FUND; PART IIl.-ANNUAIJ PRACTISING CERTIFICATE AND RULES. PART IV.-AMENDMENTS OF THE PRINCIPAL ACT. tIinotne. rpreta- the 3 fo . llIonwtinhgis Atecrtm, usnlhesasvtehethceontmexeat noitnhgesrwriesespreecqtuiivreelsy, assigned to them, that is to say:- Committee Or committee of manage- ment. "Committee" or "committee of management" means the committee to which the powers of the Council in relation to the Fund may be delegated pursuant to section ten of this Act, or if there shall be no such committee, the Council of the Society; Legal Practitioners' Fidelity Guarantee Fund or Fund. " Legal Practitioners' Fidelity Guarantee Fund" or " Fund "-The Legal Practitioners' Fidelity Guarantee Fund established under this Act; *18 Geo. V. No. 14, supra, page 12045.

SUPREME COUR'l'. 13163 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PART I.- 1930. Queensland Law Society Act Amendment Act. PRELnnNARY. " Practising practitioner"-Any solicitor or con- Practising veyancer who directly or indirectly practices practitioner. in Queensland: prima facie a solicitor or conveyancer who draws or prepares any documents relating to real or personal estate . or any memorandum or articles of association of any company, or signs any instrument as correct for the purposes of registration, or who receives in trust the moneys of any person shall be deemed to be a practising practitioner: the term does not include a barrister-at-law, solicitor, or conveyancer in any Commonwealth or State Department acting in the course of his official duties or a practitioner employed as a clerk by another practitioner; " Prescribed" means prescribed by this Act or Prescribed by rules made under the authority of this Act; "Solicitor" includes a barrister-!1t-law practising Solicitor. as a solicitor, and where the context permits shall have that meaning in all other Acts, rules, by-laws, Proclamations, and Orders in Council; "Trust Accounts Acts" --*" The Trust Accounts Trust A . ct O 'J f 192' • . > 1 " and t" The Trust Accounts Act AAcctcso.unts Amendment Act of 1925" or any Act amending or in substitution of such Acts, or any regulations thereunder. PART n.-LEGAL PRACTITIONERS' FIDELITY GUARAN'l'EE FU" . T e, D • PART II.- LEGAL PRAC- TITIOXERS' FIDE1.Jl'Y GUARANTEE FUXD. 4. (1.) There is hereby established a Fund to be Establish- known as t • he Legal Practitioners' Fidelit • y Guarantee Fn 1 :ed e nt 1 l'to y f Fund (heremafter referred to as "the Fund"). Guarantee Fund. (2.) The Fund shall be vested in the Society and shall be held in trust for the purposes hereinafter appearing. 5. All moneys constituting the Fund shall, pending Fund. to be tth h eI · S iAnvcet,stmeepnatiodroarbptprlaincsafteiornre'tdhemretoofainb aanckco £ rodrant h cee twI . mithe skbeeappnatkra m te account. * 14 Geo. V. No. 4, supra, page 10850. t 16 Geo. V. No. ~, 8~ pra, page 11507.

13164 SUPREME COURT. PART II.- LPERGAACL- Queensland Law Society Act Amendment Act. 21 GEO. V. No. 46, TITIONERS' FIDELITY GUARANTEE being carrying on business in the State of Queensland FU);D. to the credit of a separate account to be called "The Legal Practitioners' Fidelity Guarantee Fund Account." Moneys payable into Fund. 6. The Fund shall consist of- (a) All sums paid to or on account of the Fund by practising practitioners either as annual contributions or as levies in accordance with the provisions of this Act in that behalf ; (b) The intet'est from time to time accruing from the investment of the Fund as hereinafter provided; (c) All sums given or advanced by the Society; (d) All moneys recovered by or on behalf of the Society in the exercise of any right of action conferred by this Act; (e) Any other moneys that may be lawfully paid into the Fund. fErxopmenFduitnudr. o time 7 b . e Spuabidjecotuttoof tthhies FAucnt,d tahserreeqsuhiarlledfr:o-m time to (a) The amount of all claims,including costs allowed or established against the Fund as hereinafter provided; (b) All legal expenses incurred in defending claims made against the Fund or otherwise incurred in relation to the Fund; (c) All premiums payable in respect of contracts of insurance entered into by the Council pursuant to section twenty-one hereof; (d) The expenses incurred in the administration of the Fund; (e) Any other moneys payable out of the Fund in accordance with this Act or with rules made under the authority of this Act. Audit of account!!. 8. (1.) The accounts of the Fund shall be audited from time to time by the Auditor-General, or an accountant certified under the Trust Accounts Acts appointed by him, and at least once a year. (2.) Every person acting as auditor under this section shall in respect of the Fund have the same powers and duties and be subject to the same responsi- bilities and obligations with such modifications as may

SUPREME COURT. 13165 1930. Queensland Law Society Act Amendment Act. be necessary as he would have in respect of the audit of trust accounts under the provisions of the Trust Accounts Acts. PARTII.- LEGAL PRAC. TITIONERS' FIDELITY GUARANTEE FUND. 9. Subject to the provisions of the next succeeding Counoil to section, the Fund shall be administered by the Council adm~ nister on behalf of the Society. Fun . 10. The Council may by resolution delegate its Counoil ~ ay powers I.n re1at'IOn t 0 the F und or. any 0 f such powers dpeolwegeraste in Its ttohaan cthormeeminttoere moof remtahnaangefmiv. eentpecrosnosnisstibneg. mgof mneomt bleesrss tarheoleaotFmioumnndittotteoe of the Society: of manage· ment. Provided that a majority of members of such committee of management shall be members of the Council for the time being. Any resolution as aforesaid may be at any time in like manner rescinded or varied. 11. (1.) Except as provided in the next succeed- Prao~ ~ ing ing . sec~ion, . every practising prac.titioner on mak~ g f~ ~ ! ~ loners apphcatIOn In any year for a certificate under sectIOn presc~be~ twenty-e . ight of this Act shall , m' addition to all other fees m ~ o t n o tr F lb u u n t d l . On then payable by him, pay such contribution to the Fund as may from time to time be prescribed for the purposes of this Act, being not less than five pounds nor more than ten pounds in any year, and no such certificate shall be issued unless and until the prescribed contribution is paid. (2.) If any barrister-at-law, solicitor, or conveyancer with respect to whom this Act is not applicable intends to commence to practise as a practising practitioner, he shall thereupon and before commencing so to practise give notice of such intention to the secretary of the Society, and he shall thereupon become liable to pay to the Fund the amount of the prescribed contribution for that year, and he shall not be entitled to practise until such contribution be paid. (3.) All contributions payable under this section shall be paid to the Society at its office. 12. No further contributions in accordance with the No last preceding section shall be made to the Fund estab- oaoftnetrriFbuuntidons lished under this Act at any time while the amount of reaohes the Fund, including any investments thereof and after £50,000.

13166 SUPREME COURT. PART II.- LhEAGCA-L Q7leensland Law Societ . y Act Amendment Act. 21 GEO. V. No. 46, TITIONERS' FIDELITY GUARANTEE deducting the amount of all unpaid claims and other FUND. liabilities outstanding against the Fund, is not less than fifty thousand pounds. In addition 13. (1.) If at any time the Fund is not sufficient ! ~ : t~ rb, : l to satisfy ~ he liabilities of t~ e S.ociety in relation the::e.to, tions,. . the CouncIl may by resolutIOn Impose on every practIsmg r ~ perqacu ~ tiIrteIOdnteors pamraocutintitonaserI . tfotrhm . pakysmfietn, tnionttoextcheeedF . mugndtean lpeovuyndofs. such pay levy for benefit of (2.) The amount of such levy shall become payable Fund. on a date and in manner to be fixed by the Council. (3.) No person shall be required to pay by way of levy under this s~ction more than ten pounds in the aggregate in any period of twelve months, or more than fifty pounds during the whole period of his practice. Society may 14. The Society may from time to time from its ~d~ae~ sefromgenera. l funds fSive or advance on such terms as the its general CouncIl may thmk fit any sums of money Jor the purposes Ffuunndds. to the of the Fund. oInfvFeusntmd. ent imme 1 d 5 i . atAelnyyreqmuoinreedysforinthethpeurpFousneds ththeraetof amreay nboet invested in any manner in which trustees are for the time being authorised by law to invest trust funds. AofpFpulincadt.ion Fund 16 s . ha (1 ll .) bSeubhjeelcdt atondtheappprloievdisifoonrs othf ethpisurApocts,e thoef reimbursing persons who may suffer pecuniary loss through stealing or fraudulent misappropriation com- mitted on or after the first day of June, one thousand nine hundred and thirty-one, by a practising practitioner, or by his clerk or servant, of any money or other property entrusted to him or to his clerk or servant in the course of his practice, including any money or other property as aforesaid entrusted to him as a solicitor-trustee or conveyancer-trustee; Provided that the total amount which may be applied in the reimbursement of all persons who suffer loss through stealing or fraudulent misappropriation by the same practising practitioner or firm of practitioners or his or their clerk or servant shall not exceed the sums following, that is to say ;- (a) In respect of any such stealing or fraudulent misappropriation committed on or before the

1930. SUPREME COURT. 13167 Queensland Law Society Act Amendment Act. thirtieth day of .June, one thousand nme hundred and thirty-six, the sum of five thousand pounds; PART II.- LEGAL PRAC· TITIONERS' FIDELITY GUARANTEE FUND. (b) In respect of any such stealing or fraudulent misappropriation committed in any year ending on the thirtieth day of June during the years one thousand nine hundred and thirty-seven to one thousand nine hundred and forty-one, inclusive, the said sum of five thousand pounds shall be increased by one thousand pounds in each of such years in succession, so that in respect of any such stealing or fraudulent misappropriation committed during the year ending on the thirtieth day of June, one thousand nine hundred and forty-one, or at any time thereafter, the total amount which may be applied in reimbursement of such persons shall not exceed the sum of ten thousand pounds. (2.) Every action against the Society in relation to the Fund shall, subject to this Act and the rules made thereunder, be brought in the Supreme Court. (3.) No person shall have any claim against the Fund in respect of any stealing or fraudulent misappro- priation committed before the first day of June, one thousand nine hundred and thirty-one, and, in respect of any stealing or fraudulent misappropriation that may be committed on or after the first day of June, one thousand nine hundred and thirty-one, no person shall have a claim against the Fund unless notice of such claim is given in writing to the Council or committee of manage- ment within twelve months after the· claimant has become aware of the stealing or fraudulent misappropriation. 17. (1.) The Council may receive and settle any Council may claim against the Fund at any time after the commission se. ~ ~ e ~ Iaims of the stealing or fraudulent misappropriation in respect : ~ tio~ of which such claim arose, but no person shall be entitled, without leave of the Council, to commence any action against the Society in relation to the Fund unless and until the claimant has exhausted all relevant rights of action and other legal remedies available against the

13168 SUPREME COURT. PART II.- LPERGAACL· Queensland Law Society Act Amendment Act. 21 GEO. V. No. 46, TITIONERS' FIDELITY GUARANTEE practitioner in relation to whom the claim arose and all FUND. other persons liable in respect of the loss suffered by such claimant: Provided that any person who has been refused the leave of the Council as aforesaid may apply to a Judge in Chambers against the refusal by the Council of such leave, and the Judge may make such order as he may deem fit. Limitations (2.) No person shall be entitled to recover from the aocf triiognhttoof Society out of the Fund by action as aforesaid an amount recover greater than the balance of the loss suffered by him after fmroomneyFsund. deducting from the total amount of such loss the amount or value of all moneys or other benefits received or receivable by him from any source other than the Fund in reduction of such loss. (3.) No amount shall be paid or payable out of the Fund as interest on the amount of any judgment obtained or of any claim admitted against the Fund. (4.) No right of action shall lie against the Society in relation to the Fund in respect of any loss suffered by any person by reason of any stealing or fraudulent misappropriation that may be committed by a practi- tioner at any time after the claimant or persons legally claiming under and through him have received a notifica- tion in writing from the Council or committee of management warning him or them against the employ- ment or continued employment of such practitioner. (5.) No action for damages shall lie against the Society or any member or servant of the Society or Council or committee of management for any notification given in good faith and without malice for the purposes of the last preceding subsection. Defences to 18. In any action brought against the Society in acglaaiimnsst relation to the Fund, all defences which would have been Fund. available to the practitioner in relation to whom the claim arose shall be available to the Society. Sub~ ogation 19. On payment out of the Fund of any moneys ~ ~ t~ ~ ~tB of in settlement in whole or in part of any claim under ag6in~ t. this Act the Society shall be subrogated, to the extent practItIoner. of such payment, to all the rights and remedies of the claimant against the practitioner in relation to whom

SUPREME COURT. 1930. Queensland Law Society Act Amendment Act. the claim arose, or, in the event of his death or insolvency or bankruptcy or other disability, against his personal representatives or other persons having authority to administer his estate. 13169 PART I1.- LEGAL Ji'RAC· TITIONEllS' FIDf,uTY GUARANTEE FUND. 20. (1.) No moneys or other property belonging ~ f Fun~ to the Society other than the Fund shall be available:s~!!f:t for the satisfaction of any judgment obtained against cla!ms, such the Society in relation to the Fund, or for the payment ~ l: ~ : 1° o~ e of any claim allowed by the Council; but if at any time future the Fund is not sufficient to provide for the satisfaction ~ ~ c~ s~ ula of all such judgments and claims they shall (subject to the limitation imposed by this Act) to the extent to which they are not so satisfied, be charged against future accumulations of the Fund. (2.) The Council may in its absolute discretion, having regard to the rules hereinafter set forth, determine the order in which the judgments and claims charged against the Fund as aforesaid shall be satisfied, and may, if the amount accumulated is not sufficient to satisfy all such judgments and claims in full, satisfy any such judgment or claim in whole or in part. (3.) Without limiting the discretion of the Council it shall, in applying the Fund towards the settlement of such jUdgments and claims as aforesaid, have regard to the following rules :- (a) It shall take into consideration the relative degrees of hardships suffered or likely to be suffered bv the several claimants in the event of their claims against the Fund not being satisfied in whole or in part; (b) Subject to paragraph (a) aforesaid, claims for amounts not exceeding three hundred pounds shall, unless in special circumstances, be satisfied in full before claims for amounts exceeding three hundred pounds are satisfied to a greater extent than three hundred pounds; (c) Where all other considerations are equal, claimants shall have priority among them- selves according to the dates of the judgments or the dates when the claims were admitted by the Council, as the case may be.

13170 SUPREME COURT. PART II.- LPERGAACL- Queensland Law Society Act Amendment Act. 21 GEO. V. No. 46, TITIONE:RS' FIDELITY GUARANTEE 21. (1.) Notwithstanding anything to the contrary FU~ D. in the foregoing provisions, the Council may in its ~ ~ ~ ~ ct!tr:: ay discretion enter into any contract or contracts with the ? ontrac~ s of Insurance Commissioner or any licensed insurer carrying fmordepmurmpotEyes on fidelI'ty I.nsurance bu" SIness Ill- Q ueens I and whereby of Act. the Society will be indemnified to the extent and in the manner provided by such contract or contracts against liability to pay claims under this Act. (2.) Any such contract may be entered into in relation to practitioners generally, or in relation to solicitors generally, or in relation to conveyancers generally, or in relation to any solicitor or solicitors, conveyancer or conveyancers named therein, or in relation to practitioners generally or conveyancers generally, with the exclusion of particular solicitors or conveyancers in either case. (3.) No action shall lie against the Society or against any member or servant of the Society or Council or against any member of the committee of management for injury alleged to have been suffered by any practitioner by reason of the publica:tion in good faith of a statement that any contract entered into under this section does or does not apply with respect to such practitioner. Application 22. No claimant against the Fund shall have any of indemnity right of action against any person, corporation, or moneya. company WI' th whom a contract 0 f ' In demm' ty ' IS made under this Act in respect of such contract, or have any right or claim any moneys paid by the insurer in accord- ance with any such contract of indemnity; but all such moneys shall be paid into the Fund and shall be applied in or towards the settlement of relevant claims. Supplementary Provisions. Coun?il may 23. (1.) The Council may at any time appoint a : ~ bli~ t public accountant for the time being qualified to conduct accountant the audit of trust accounts under the Trust Accounts :vestigate Acts to examine the accounts of any specified practitioner afiair~ ?f or firm of practitioners whether a member or members practlt.lOner. of the Society or not, and to furnish to the Council a confidential report thereon. (2.) Every appointment made under this section shall be in writing, and shall be signed on behalf of the Council by the President or two members thereof.

SUPRElVIE COURT. 13171 PART II.- 1930. Qneensland Law Society Act Amendment Act. LEGAL PRAC- TITIONERS' (3.) Upon production by such accountant of his GUFIADREALNITTYEE appointment as aforesaid, he may require the practitioner FUND. or practitioners in respect of whom the appointment has been made, or any servant or agent of such practitioner or practitioners to produce to him all books, papers, accounts, securities, or other documents relating to the business or accounts of such practitioner or practitioners, and to give all information in relation thereto and to furnish all authorities and orders to bankers and 'others that may be reasonably required of him or them, and if any such person, without lawful justification or excuse, the proof whereof shall lie on him, refuses or fails so to do, or otherwise hinders, obstructs, or delays the accountant in the performance of his duties or the exercise of his powers under this section, he shall be guilty of an offence and shall be liable accordingly. (4.) No accountant appointed to make any examina- tion of accounts for the purposes of this section shall communicate any matter which may come to his knowledge in the course of such examination to any person except in the course of his report to the Council. (5.) The Council receiving such report shall consider the same in committee and not otherwise, and it shall not be lawful for any member of the Council or any of its officers to publish to any person any information disclosed in such report except in the performance of hiA duty. (6.) Every person who commits a breach of any of the provisions of this section shall in addition to any other proceedings, penalty, or punishment to which he may be liable, be subject on summary conviction to a fine not exceeding fifty pounds. 24. (1.) Save as herein expressly provided, and Bond under notwithstanding anything contained in the Trust I~ ~ ~ ~ nts Accounts Acts, or any regulations made thereunder, Acts it shall not be necessary on or after the first day 01 unnecessary. June, one thousand nine hundred and thirty-one, for any practising practitioner to deposit any moneys or securities or any fidelity bond by way of guarantee for the proper application of trust moneys coming to him in the practice of his profession. (2.) Save as aforesaid nothing in this Act shall Saving of prejudice, limit, or otherwise affect the provisions of I~ ~ ~ ~ ts the Trust Accounts Acts. Acts.

13172 SUPREME OOURT. PART III.- P: A~ ~ ~ ~ ~ G Queensland Law Society Act Amendment Act. 21 GEO. V. No. 46, CERTIFICATE AND RuLES. PART IlL-ANNUAL PRACTISING CERTIFICATE AND RULES. Roll of solioitors and convey- ancers. 25. It shall be the duty of the secretary to keep a roll of practising practitioners and to issue certificates to persons who are entitled to take out certificates authorising them to practise, and it shall be lawful for the Council to make such orders, directions, and regula- tions .touching the performance and execution of the duties aforesaid as they shall think proper. Solioitor's practising oertifioate. 26. (1.) No barrister-at-Iaw or solicitor shall on or after the first day of June, one thousand nine hundred and thirty-one, act or practise as a solicitor unless he has obtained from the secretary on application in proper form a certificate which is then in force to the effect that he is on the roll of the Court as a barrister-at-Iaw or solicitor thereof, as the case may be, and entitled to practise as a solicitor. Convey- ancer's praotising certificate. (2.) No conveyancer shall on or after the first day of June, one thousand nine hundred and thirty-one, act or practise as such unless he has obtained from the secretary on application in proper form a certificate which is then in force to the effect that he is on the roll of the Court as a conveyancer and entitled to practice as a conveyancer. Persons 27. Every person who directly or indirectly acts cpwerirattchitfoiisouiatntges. oart ptrhaectitsimeseasa acseorltiicfiictoarteorthceonnvienyafnocrecre wisitshuoedut bhyavtinhge secretary shall be guilty of an offence, and shall be liable on summary conviction to a penalty not exceeding fifty pounds. Application 28. Subject to this Act, on payment by the applicant fcisoesrrutaiefniodcfate. pofrestchreibepdrecsocnritbriebdutipornacttoisitnhge Ffeuen, d taongdethaenry lwevityh ththene payable under this Act by him, the secretary shall- (a) On application by a duly enrolled barrister- at-law or solicitor practising as a solicitor, or by a conveyancer practising as such, issue to him a certificate in the form prescribed which shall be in force from the first day of June next after the date of such certificate until the thirty-first day of May following; (b) On application by a duly enrolled barrister- at-law or solicitor or conveyancer who shall

SUPREME COURT. 13173 1930. Q1lecnsland Law Society Act Amendment Act. not have practised as a solicitor or con- PART 1II.- ANNUAL PRACTISING CERTIFICA'l'E AND RULES. veyancer prior to the date of such application, accompanied by a declaration by the applicant in the prescribed form, issue to him a certificate in the form prescribed which shall be in force from the date of such certificate until the thirty-first day of May next following such date; (c) On application by a duly enrolled barrister- at-law or solicitor or conveyancer who shall have been, but at the date of such application is not, in practice as a solicitor or conveyancer, accompanied by a declaration by the applicant in the prescribed form, issue to him a certificate in the form prescribed which shall be in force from the date of such certificate until the thirty-first day of May next following such date. 29. The secretary may refuse to issue a certificate Grounds for under the foregoing provisions of this Part of this Act r~ ~~ ingt if the applicant for such certificate shall- et) cs e. (a) Have been adjudicated bankrupt or insolvent, and have not received a certificate of discharge; (b) Be in prison; (c) Have failed to comply with any statute, regulation, or order relating to his trust funds or the trust funds of any partnership of which he was a member at the time, and such failure still continues; (d) Have when called upon by the Council so to do failed to give a satisfactory explanation touching any matter relating to his conduct as a solicitor or convevancer, and such failure still continues; ." (e) Be in any way in default under any of the provisions contained in the Principal Act or Part n. of this Act; (f) Be sharing receipts from a business of a nature usually performed by practising practitioners with an unqualified person. The secretary shaH, if required, give in writing the grounds for refusing any certificate at the time of such refusal. y

J:n74 SlJPRE}IE COURT. PART 111.- -- - - ~ - - - p~\ ~ ~ ~ ~~ G (/1teclIsland Lau.· Society Act Amendment Act. 21 GEO. V. No. 46, CERTIFICATE - - - - - - ~ ---- - - - ~ - - ~ - - - - ~ -- ~ - ~ - - ~ - - - - ~ ~ ~ - - - - - - ~ - - - - . - - - ~ - - - - A:-ID RULES. Reference to 30 • Th e secretary may and, I ' rfequ'ITed by an Council. applicant, shall refer any application for a certificate or any question arising in relation to such application to the Council for its opinion or decision, and shall act upon such opinion or decision when given. Appeal. 31. In case the secretary shall refuse any application for a certificate, the party so applying for the same may appeal to a Judge of the Court in Chambers, who is hereby authorised to make such order in the matter as he may think fit. Solicitor may not act 32. No person acting as a solicitor for a client shall or recovcr on or after the first day of June, one thousand nine fuceanetcseedrwt. ihfiil- st hounndarneyd aancdtiothnirtoyr-onseu, itsuoer, parnoysecuprteo, cedeedfienngds, oirncaarnryy court without having previously obtained a practising certificate which shall be then in force, or shall be capable of maintaining any action or suit for the recovery of any fee, reward, or disbursement for or in respect of any business, matter, or thing done by him as a solicitor whilst he shall have been without such pra.ctising certificate. The like in relation j,o convey- ancers and otlwrR. 33. No person acting as a solicitor or conveyancer for a client on or after the first dav of ,Tune, one thousand nine hundred and thirty-one, without having previously obtained a practising certificate which shall be then jn force, shall be capable of maintaining any action or suit for the recovery of any fee, reward, or disbursement for or in respect of instructions for, or drawing, preparing, engrossing, stamping, registering, or recording any deed, document, or instrument whilst he shall have been without such practising certificate. Governor in Council 34. (1.) For the purposes of this Act the Governor may make in Council on the recommendation of the Council may rpuulrepsofsoers of from time to time by Order in Council make rules for all this Act. or any of the following purposes:- (a) Prescribing the amount of the annual contributions to the Fund to be paid by practitioners with respect to whom this Act applies; (b) Providing for the method of payment and recovery of any fee, contribution, or levy;

SUPREl\IE, COUR'r. ] 3175 . 1930. (Juecns/nnd Lme 80C1:Cty Act Amendment Act. (c) Providing that in addition to any remedy for PART lII.- ANNUAL PRACTISING CERTIFICATE "XD RULES. recovery of any fee, contribution, or levy hereunder a practitioner shall not be entitled to have issued to him any practising or other certificate necessary to entitle him to practise his profession or prohibiting him from practising his profession until such fee be paid; (d) Providing for the investment of so much of the Fund as is not immediately required for the purposes thereof; (e) Prescribing forms and times of notice to be given to the Council in respect of' claims against the Fund and the particulars thereof, and the conditions subject to which and the extent to which the Council may settle any such claims without recourse being had to legal proceedings; (f) Prescribing the duties of accountants appointed to conduct an examination of any accounts pursuant to section twenty-three hereof; and prescribing also the duties of the practitioner or practitioners concerned in relation thereto and the circumstances in which such practitioner or practitioners may be required to pay the cost of such examination; (g) For providing forms of certificate to be issued to persons practising as solicitors or con- veyancers, declarations, applications, notices, and documents to be used in relation to any application or refusal of any application under this Act; (h) For requiring any evidence that a person has been admitted to practise or is still practising, or has ceased practising or has continued or discontinued practising as a barrister-at-laJw, solicitor, or conveyancer, or as to the reason of any person discontinuing practice, and generally for the obtaining of information which may be considered necessary or reason- able for the purposes of determining the merits of applications for certificates or D;latters in relation thereto; (i) All matters or things required or permitted by this Act to be prescribed ;

13176 SUPREME COURT. PART IlI.- PRAANCNTUISAINLG Queensland Law Society .tlct Amendment Act. 21 GEO. V. No. 4 1 3, CERTU1CAT& AND RULES. (j) Generally, for such other matters as may be considered necessary for the purpose of giving full effect to the intent of this Act. (2.) Any rule may be revoked by the Governor in Council by Order in Council published in the Gazette. (3.) Any rules made by the Governor in Council as aforesaid shall be published in the Gazette, and shall thereupon have the same force and effect as if they were enacted in this Act and shall be judicially noticed. Recovery of 35. In addition to any other right, remedy, or power moneys. vested in the Society, Council, or secretary, whether by the Principal Act or otherwise, any sum of money what- soever payable under this Act or under the Principal Act may be recovered either in a summary manner under the provisions of *" The Justices Acts, 1886 to PART IV.- 1929," or by action as for a civil debt due to the Society. AMENDllENTB OF THE PRINCIPAL ACT. PART IV.-AMENDMENTS OF THE PRINCIPAL ACT. Amend. 36. Subsection one of section two of the Principal m18enGtesoo. fV. Act is amended as follows : - No. 14, B. 2. (a) In the definition of the term "Practitioner," after the word "includes," the words "a legal practitioner of the Court" are repealed, and the words " a barrister-at-Iaw practising as a solicitor" are inserted in lieu thereof. (b) In the definition of the term " Roll," after the word "practitioners," the words " the term " the roll " means the barristers' roll, or the solicitors' roll or the conveyancers' roll, as the context or the circumstances may require" are added. (c) In the definition of "Solicitor," after the word " Queensland," the words "the term also includes a legal practitioner of the Court" are repealed. Amendment 37. The following paragraphs are added after clause of s. 5. (d) of subsection one of section five of the Principal Act:- " (e) A member of the statutory committee may retire from his office upon giving one month's notice in writing to the secretary of the Society of his intention * 50 Vie. No. 17 and amending Acts, 8upra, pages 1132 et 8eq.

SUPREME COURT. 13177 PART IV.- 1930. Queensland Law Society Act Amendment Act. AMENDlrENTS OF THE PRINCIPAL ACT. to do so, and such resignation shall take effect upon the expiration of such notice or its earlier acceptance by the Council. (f) The office of a member of the statutory committee shall ipso facto be vacated :- (i.) If he dies; or (ii.) If he becomes of unsound mind; or (££'i.) If he ceases to be a member of the Society; or (£v.) If he becomes bankrupt or makes any arrange- ment or cOlnposition with his creditors; or (v.) If he is convicted of an offence under the Trust Accounts Acts: Provided tha,t if any such vacancy shall occur during the hearing of any charge, question, or matter, such hearing may be continued and an order made thereon by not less than three of the remaining members of the statutory committee before whom such hearing was commenced and continued prior to such vacancy: Provided further, that any charge, question, or matter ma,y be heard and determined by not less tha,n three members of the statutory committee, notwith- standing that at the time of such hearing or determination the total number of the members of such committee is less than five. (g) vVhen any charge, question, or matter is heard by and before three or more members of the statutory committee, and such members are divided in opiuion as to the decision to be given on any point arising during the hearing or as to the order to be made on such charge, question, or matter, such point or order shall be decided or made according to the opinion of the maj ority of such members, if there be a majority, but if such members are equally divided in opinion then the opinion of the chairman of the statutory committee if he is one of such members, or if he is not, the opinion of the member appointed by the members taking part in such hearing to act as chairman on such hearing shall prevail." 38. Every proceeding, investigation, hearing, Validati.onof dT· rect'IOn, de" ClSlon, or· der, or other act ,matter, or th' Ing p ~ c ro . , ceoefdmgs' had, commenced, continued, given, pronounced, made, statut?ry or done before or by not less than three members ofthe comnllttee. statutory committee, and any person acting as a member

];3178 SUPREME COURT-TAXATION. P·'RT 1V.- ._------------ _ AMEND: \ lE~ TS OF THE Finance A.ct. 21 GEO. V. No. 19, PRrNC[P.IL ACT. or the chairman of such committee, whether before or after the passing of this Act shiLll, notwithstanding that it has been or shall afterwards be discovered that there was some defect in the appointment of such person so acting or purporting to act as a member or the chairman of such committee or absence of any right or authority in such person so to act be and be deemed to have been as valid, effectual, and binding and may be maintained, enforced, and (subject to the due appointment of such person as a member or the chairman of such committee) continued as if the person so acting or purporting to act had been at all material times a duly appointed member or the duly appointed chairman of such committee. TAXATION. See also INCOME TAX. See also LABOUR-INCOME (UNEMPLOYMENT HELmF) TAX. See also LAND TAX. See also STAMPS. ::1 SO G . 00 1 . 9 Y . . An Act to Amend "The Income Tax Acts, 1924 to THE 1929," in certain particulars; to Amend "The .Ac F p INOAFN 1 C 9 E 3 : 0. Succession and Probate Duties Acts, 1892 to 1920," in certain particulars; and to Amend H The Racecourses Act of 1923" in certain particulars. [ASSENTED TO 23RD OCTOBER, 1930.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as foHows :-- PART 1.- PRELIMINARY. PART I.--PRELI:M:INARY. Short title. 1. This Act may be cited as "The Finance Act of 1930."