Queensland Law Society Act of 1927 (18 Geo v No. 14) (Qld)

SUPREME COURT. 18 GID. V. No. 14, 1927. Q11eensland Law Society Act. 12045 STATES AND COMMONWEALTH FINANCIAL AGREEMENT. See CONSTITUTION. STATIONS, PRIMARY PRODUCE EXPERIMENT. See PRIMARY PRODUCE. SUPERANNUATION, PUBLIC SERVICE. See PUBLIC SERVICE. SUPREME COURT. An AQctueteonsPlarnovdidLeafwor StohceieItnyc, otorpomraaktieonFuofrththeer 18 N G o T . H eo 1 E . 4 v .· .. Provision for Regulating the Legal Pro- L Q A U N E D E L N A S W ' fession in Queensland, and for Other SOCIETY ACT OF 1927. Purposes incidental thereto and consequent thereon. [ASSENTED TO 17TH DEOEMBER, 1927.] 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:- 1. This Act shall be cited as " The Queensland Law Short title Society Act of 1927," and shall come into operation on a and day to be proclaimed by Proclamation published in the: : ~ : u~ t. Gazette. 2. (1.) In this Act, unless the context otherwiseI!lterpreta. provides, the following terms have the meanings set tlOn. against them respectively, that is to say- "Chief Justice"-The Chief Justice of the Supreme Chie! Court: in the absence of the Chief Justice JustIce. from duty, the term means and includes the Senior Puisne Judge of the Court; "Conveyancer"-A person duly admitted as a Con. conveyancer of the Court; veyancer.

12046 SUPREME COURT. Queensland Law Society Act. 18 GEO. V. No. 14, Council. Court. Minister. Practitioner. Prescribed. Registrar. Roll. Rules. Society. Solicitor. Statutory committee. This Act. " Council "-The council of the Society; " Court "-The Supreme Court of Queensland; " Minister" - The Attorney - General or other Minister for the time being administering the Department of Justice; "Practitioner"-A person duly admitted as a solicitor or conveyancer of the Court: the term also includes a legal practitioner of the Court; "Prescribed "-Prescribed by this Act; " Registrar"-The Registrar of the Court; " Roll "-Any book, parchment, or paper on which the Registrar inscribes the names of persons admitted as practitioners; " Rules"-Rules made under this Act; " Society "-" The Queensland Law Society Incor- porated" duly incorporated under this Act; " Solicitor"-A solicitor of the Supreme ,Court of Queensland: the term also includes a legal practitioner of the Court; "Statutory committee"-The statutory com- mittee of the council; "This Act"-This Act and all Proclamations, Orders in Council, rules, and by-laws made thereunder. Reference to (2.) Any reference to the Queensland Law Association ruengduelrattihones in the regulations under *" The Trust Accounts Act ot Trust 1923" shall be read and construed as a reference to the AAcctc. ounts Queensland Law Society Incorporated, incorporated under this·Act. Incorpora· tion of the Society. The Queensland Law Society Incorporated and the Council. 3. (1.) There shall be a body corporate, by the name of the" Queensland Law Society Incorporated" (herein referred to as " the Society.") Subject to this Act the Society shall consist of- (a) All persons who at the commencement of this Act are members of the Society at that time known as the Queensland Law Association; * 14 Geo. V. No. 4, supra, page 10850.

SUPREME COURT. 12047 1927. Queensland Law Society Act. (b) All per,oons who after that time become members of the Society; so long as such persons respectively continue to be members of the Society. . (2.) The Society shall have and may use a common C0.t;Imon seal, and may from time to time break or alter the same Ileal. or make a new seal as to the Society seems expedient. (3.) The Society shall have perpetual succession, Corporate and may sue and be sued, and -shall te capable of powers. acquiring, receiving, and holding real and personal estate of any nature and kind whakoever. The Society may also from time to time sell, convey, demise, exchange, ani otherwise dispose of or mortgage its property. Subject to any restrictions by this Act expressed or implied, the Society shaH also be capable in law of doing all such other things as it may deem expedient for effectuating its objects. (,1.) All property at the time of the commencement Vesting of of this Act belonging to the Queensland La,v Association ~ ~ ' lerty or held by any person on its behalf is hereby transferred obligations. to and vested in the Society. The burden of all obligations and liabilities hereto- fore incurred by the Queensland Law Association and subsisting at the commencement of this Act is hereby trans~ erred to the Society, and the same shall henceforth be deemed to have been incurred by the Society. (5.) There shall be a president and vice-president of Officers. of the Society, who shall be elected as prescribed: t,he SOCIety. Provided that until their successors are so elected the president and vice-president of the Queensland Law Association holding office at the commencement of this Act shall continue to hold those offices. (6.)- Subject to this Act, every person who is for' the Pra.ctitioners tim . e being entitled to practise as a practitioner shal . l be menatImtbleedrst1uo,p entItled to be a member of the Society. of the Society. (7.) If any member of the Society in consequence of Disqualifi. a judgment or order of the statutory committee or of catio~ of any court of competent jurisdiction is struck off the rolls mem er. . or is rendered incapable of practising in the Supreme Court or in any of the Supreme Courts of Justice in any part of His Majesty's dominions, he shall forthwith cease to be a member of the Society. o

12048 SUPREME COURT. Queensland Law Society Act. 18 Gm. V. No. 14, Council of 4. (1.) For the good government of the Society the Society. there shall be a council of the Society, which shall consist of not less than eight nor more than eleven persons, namely--- (a) The president and vice-president of the Society; (b) A member of the legal profession (who may be either a barrister-at-law or a practitioner) appointed by the Minister; (c) Not less than five nor more than eight members to be elected from practitioners wh~ are members of the Society: Provided that One at least of such elected members shall be a. conveyancer. Provisional (2.) Notwithstanding the foregoing provisions of council. this section, the president and members of the council of the Queensland Law Association holding office at thf} time of the passing of this Act shall, with the member appointed by the Minister as aforesaid (which member may be appointed on the passing of this Act) be the first council of the Society, and shall hold their respective offices until their successors are appointed or elected. Such first council shall be called "the provisional council," and shall upon the passing of. this Act have power to make rules governing the conduct of the election of the members of the council to be elected as hereinbefore provided. Moreover, the provisional council shall, at the passing of this Act, have power to make rules regarding the enrolment of members of the Society, and rules for such other matters and things considered necessary and expedient by the said provisional f'ouncil in the circumstances: Tenure of office. Casual v l t c a n c:iel5. Provided that such rules shall be approved by the Governor in Council by Order in Council published in the Gazette. (3.) The members of the council shall, unless other- wise provided in the rules, hold office for two years, and shall be eligible for reappointment or re-election, as the case may be. " (4.) The council may by rules provide that a casual vacancy in the office of president, vice-president, or any elected member of the council may be filled by the council:

SUPREME COURT. 1204!} 1927. Queensland Law Society Act. Provided that where a vacancy occurs in respect of the member appointed by the Minister the Minister shall appoint some qualified person to act until the term of office of the first-mentioned member shall have expired by eflluxion of time. (5.) A quorum of the council shall consist of five Quorum. members. (6.) Subject to the provisions of this Act, the council Council to> shall have the sole management of the Society and of the msar;'atge a ff aI . rs and concerns and t he r.ncome and property t Ilereo f OCI8 y. for the purposes and benefit of the Society, and may exercise all powers vested in the Society and do all such acts and things as are hereby directed or authorised to be done by the Society. (7.) Notwithstanding anything herein contained, the Delegation rules of the Society may authorise the council to delegate of powers. any of its powers to committees, which may consist of one or more members of the Council. (8.) The Council shall have power to appoint a Secretary secretary and such other officers as it may deem and officers.. necessary, and may revoke such appointments. It shall also l?ave power to prescribe their duties. (9.) (i.) The council may from time to time make, Rules. amend, and revoke rules for all or any of the following purposes, that is to say- (a) To define the objects of the Society; (b) For the regulation and good government of the Society and of the members and affairs thereof; (c) To provide for the manner of the election of the president and vice-president of the Society and their tenure of office, (d) To provide for the constitution of the council and for the· manner of the appointment or election of the president, vice-president, and other members of the council and their tenure of office; (e) For regulating the meetings and proceedings of the council and the conduct of business thereof; (j) To provide for the custody and use of the common seal of the Society;

12050 SUPREME COURT. Queensla,nd Law Society A.ct. 18 GEO. V. No. 14, (g) To govern the admission, resignation, and expulsion of members of the Society, to impose fees and subscriptions in respect of membership of the Society, to impose fines for any breach of any rule or by-law of the Society, to prescribe an annual practising fee on practising practitioners, and to provide for the recovery of all or any of such fees, subscriptions, and fines; (h) To provide for the re-entry of persons who have ceased to be members of the Society; (i) To provide for additions to and alterations of the rules of the Society; (j) To empower the council to make by-laws of the Society for any purpose with respect to which the Society is authorised to make rules; (k) To provide for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and w-here there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency; (l) Generally, to carry the objects of the Society into full and complete effect. Approval by (ii.) Such rules and by-laws shall be approved by ~ o~ ~~~ o~ l. the Governor in Council, by Order in Council, and shall be published in the Gazette, and shall thereupon have the same force and effect as if they were embraced in and formed pal't of this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatever. Power of (iii.) Any rule or by-law may ('vithout prejudice to CGoouvnecrinlot r o in any other method of revocation) be revoked by the revoke Governor jn Council by Order in Council published in the rbuyl-elsa. ws and Gazette. Right of audience. (10.) The Council may appoint counsel to appear before any committee thereof (including the statutory committee hereinafter referred to) or any court in any matter affecting the interests of the Snciety or the members thereof, or in which the Society is directly or

SUPREME COUR'f. J2051 1927. Queensland Law Society Act. indirectly concerned or interested, a,nd counsel so appointed shall have audience in any court in any such matter (including inter alia the conducting of any prosecution instituteJ by the Society and also the opposing of or objecting to any application for admission as a practitioner or moving that any practitioner be suspended from practice or struck off the roll or called upon to answer any matters alleged. or contained in any affidavit or otherwise dealt with on the ground of professional misconduct. ) (11.) The council may, in its own name, by its Institution se:;retary or any person thereunto authorise:! in writing ~; oceedings. under the hand of the president or vice-president, institute, carry on, prosecutE', and defend any action, complaint, information, or proceeding whatsoever, including in particular any prosecutions or proceedings for the breach of this Act or any statute or rules relating to the practice of law. The council may, in such manner as aforesaid, institute any proceedings against a.ny person for a breach of section forty-one of *"The Supreme Court Act of 1867." Every COilrt of law shall take judicial notice of the signature of the president or vice-president to any such authorisation. In any proceedings by or on behalf of the council, it shall not be necessary to prove the appointment or election of the members, president. -vice-president, secretary, or other officers. The Stat'utory Committee. 5. (1.) (a) There shall be a committee of the council, Statu~ ory to be called " The Statutory Committee of the Queensland commIttee. Law Society Incorporated," for the purpose of hearing charges of illegal or professional misconduct upon the part of practitioners, \vhether such practitioners are members of the Society or not. (b) Any member of the Society who prior to the MBmhership. commencement of this Act has been a member of the council of the Queensland Law Association or who is or since the commencement of this Act has been a member of the council shall be eligible for membership of the statutory committee. ,.. 31 Vic. No 23, 8upra, page 3430:

12032 SUPREME COURT_ Queensl4nd Low Society Act. 18 GEO. V. No. 14, Appoint- ments. (c) The statutory committee shall consist of five members, who shall be appointed by the Governor in Council on the nomination of the Chief Justice. One of such members shall be appointed as chairman thereof. Quorum. A member of the statutory committee shall be appointed for a term of two years, but shall be eligjble for reappointment. (d) No charge or question as to the conduct of a practitioner shall be heard before less than three members of the statutory committee. Complaints. (2.) (a) Any person feeling aggrieved by reason of the alleged illegal or professional misconduct of any I'mctitioner may, wheth~ r the matter charged was committed or suffered before or after t.he commencement of this Act, by himself or agent make a charge thereof in writing to the council. Partiroulars. (b) The council may require- (i.) Further particulars of any charge; (ii.) Any charge to be verified by declaration. statutory Subject to compliance with any such requirements, the council may and if required by the Minister shall forthwith refer every charge under this subsect~on to the stattuory committee. Reference (C) Subject to this Act, the council may of its own { to) osmtmatiuttteoer. y mot·IOn refer t 0 the st at ut ory comml· ttee any quest·ion as to the conduct of any practitioner which may appear to the council to require investigation, and may act as complainant with respect thereto. Investiga- tion. (d) The Council may, either at the request of the statutory committee or of its own motion, appoint counsel or a practitioner to investigate any matter referred-to the statutory com:llittee and to present the same to the statutory committee either on behalf of the complainant or otherwise. Scmotaamytumtiottreye any p (e r ) acTtIh . teiosn • teartu II t I orr • eyspceocmt mofitwteheosmeacyonsudmucmt oannybemfoaretteirt summ?I?- has been referred to it, and may inquire into such practIt:oner. matter. Also (f) The statutory committee may summon to appear co~plainant before it the complainant and any person who may, in ~ ~ tneBses. its opinion, be able to give evidence or produce

SUPREME COURT. 12053 1927. Queensland Law Society Act. documents touching the matter in question, or whom the complainant or the practitioner may desire to call as a witness. (g) _For the purposes of every inquiry the chairman P~ , , : ers of of the statutory committee- C aIrman. (L) May administer oaths and affirmations ; (ii. ) Shall have the same power and authority with respect to the discovery and production of documents and in the conduct of the inquiry as a judge of the Supreme Court has for the purpose of the trial of issues in a civil action: Provided that nothing herein contained shall authorise the chairman to commit any person to prison or to enforce any order by attachment, except upon an order of the Supreme Court. (h) Every member of such statutory committee Protection to shall, in the exercise of his duty as member of such~ ~= : ~e; committee,have the same authority, power, and protectionprote?t~ ~ as a commission under *" The Official Inquiries Evidence ~ ~ < ! . . : ~ ~ ess! i Act of 19lO:' Every witness summoned to attend or appearing before the statutory committee shall have the same protection and shall, subject to this Act, be subject to the same liabilities as a witness before any such last- mentioned commission. (3.) (a) Subject as hereinafter provided, every Appli? atlO~ application made after the com nencement of this Act to ~ ~ : ; ~ ; strike the name of a practitioner off the roll or to require the roll. a practitioner to answer allegations of malpractice or professional misconduct shall be heard by the statutory committee in accordance with Rules of Court to be made under the authority of this Act, and the statutory committee shall, subject to such ru~ es of Court, upon every such application, have power after hearing the . case to make any such order as to striking off the roll or suspending from practice either conditionally or otherwise the practitioner to whom such application relates, or as to the payment by any party of costs or otherwise, in relation to the case as before . th:&--. * 1 Geo. v. No. 26, supra, page 748.

12054 SUPREME COURT. Queensland Law Society Act. 18 Gm. V. No. 14, commencement of this Act the court would have had power to make in accordance with the authority and practice of the court. Order. (b) Every order made by the statutory committee shall be signed by the chairman and shall be prefaced by a statement of the findings of the statutory committee in relation to the facts of the case, and shall be filei with the Registrar. Order (c) Every order made by the statutory committee aensfaonrcoeardbeler shall, as soon as the same shall have been filed, be act9d of court. upon by the Registrar and be enforceable in the same manner as a judgment or order of the court to the like effect. Inspection of file. (d) The file of orders made under this Act shall during office hours be open for the inspection of any person upon payment of such fee (if any) as may be prescribed by Rules of Court. Appeal. (4.) An appeal to the court from any order of the statutory committee made under the powers of this Act shall lie at the instance either of the applicant or of the practitioner or of the Council. Every such appeal shall be in the nature of a rehearing, and shall be made within such time and in such form and shall be heard in such manner as shall be proscribed by rules in that behalf to be made under the authority of this Act. Saving of (5.) Nothing in this Act contained shall prejudice, jurisdiction. diminish, or affect the jurisdiction, powers, and autho- rities which are exercisable by the court or the Registrar or the Department of Justice over practitioners. Any person who but for this Act would have been entitled to apply to the court to strike a practitioner off the roll or to apply to require a practitioner 4;0 answer allegations contained in an affidavit shall be entitled so to apply to the court, whether the matter complained of has been made the subject matter of an inquiry before the statutory committee or not: Provided, however, that upon any such application it shall be lawful for the court to transmit . to the council any charges against the practitioner for reference to the statutory committee in the IDl;I,nner provided by this Act.

SUPREME COURT. 12055 1927. Queensland Law Society Act. (6.) In this Act the expression "professional P~ofessional misconduct" does not include any conduct which, mIsconduct. either from its trivial nature or from the surrounding circumstances, does not in the public interest disqualify a person from practising his profession. (7.) Every court of law shall take judicial notice Judicial of the appointment of the statutory committee and of the notice. chairman and each member thereof and of the signature of the chairman thereof. (8.) The Governor in Council, with the reQommenda- Rules of tion of two judges of the court, may from time to time Court. make Rules of Court- (a) For regulating the practice and proceedings of the statutory committee, including the awarding of costs by such committee, the taxation thereof by the taxing officer of the court, and the recovery of same by execution or otherwise; (b) For conferring upon the statutory committee any further powers necessary or convenient for the due fulfilment of its functions; (c) For carrying into effect the provisions of this Act as to the statutory committee and its functions; and may in like manner amend or rescind such Rules of Court. All such Rules of Court shall be published in the Gazette, and shall thereupon have the same force and effect as if they were embodied in and formed part of this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatever. ' 6. Any person who wilfully and falsely- I p l r le a g c a tI :I ces. (a) Pretends to be, or takes or uses any name, title, addition, or description implying that he is duly qualified to act as a practitioner, or that he is recognised by law as so qualified; or (b) Holds himself out or advertises himself as duly qualified to act as a practitioner without being duly qualified to so a~ t ; shall be guilty of an offence, and shall be liable on summary conviction to a penalty not exceeding fifty pounds.

12056 SUPREME COURT. Queensland Law Society Act. 18 GEO. V. No. 14, NIiscellaneous. Recovery of 7. Subject to any rules made in that behalf, all fees, &c. iees, subscriptions, fines, and dues payable under the rules and by-laws of the Society or of the council or under this Act may be sued for and recovered in a summary way under the provisions of *"The Justices Acts, 1886 to 1924." All renalties and fees recovered by the Society or the council pursuant to the provisions of this Act shall be paid to the Society and become part of its funds. Minutes. Evidence. 8. (1.) The Society shall cause minutes of all proceedings and resolutions of all general meetings of the Society and of all meetings of the Council to be entered in a book or books kept for the purpose, and may cause minutes of any proceedings and resolutions of any committee of the council (including the statutory committee) to be so entered. (2.) All minutes of the Society or of the council or of any committee of the council (including the statutory committee) and any document purporting to be a copy thereof or extract therefrom and purporting to be signed by the president or vice-president of the Society, or, in the case of minutes, by the chairman of a general meeting of the Society or of any meeting of the counc] or of the committee (as the case may be), shall be received in any proceedings before any court or person as evidence in the case of minutes that all business has been transacted and all proceedings have taken place as therein referred to, and also in the case of any document purporting to be a copy as aforesaid that such copy is a correct copy of the minute of which it purports to be a copy. Presumption of regularity of proceed. ings and appoint· ments. (3.) Until the contrary is proved- (a) Every general meeting of the Society and every meeting of the council or of any committee of the council (including the statutory committee) in respect of which minutes have been entered in the manner directed or authorised by subsection one of " 50 Vic. No. 17 and amending Acts, supra, pages 1132 and 11030.

SUPREME COURT. 1927. Queensland Law Society Act. this section, shall be deemed to have been duly held and convened, and all resolutions passed thereat and proceedings thereof shall be deemed to have been duly passed and transacted. (b) All elections and appointments of officers and members and other persons under this Act shall be deemed to be valid. 12057 SUPREME COURT-RECIPROCAL ENFORCEMENT OF JUDGMENTS AND AWARDS. See PRACTICE. TAXATION. See LAl'ID TAX. TOWNSHIP PORTIONS, AGRICULTURAL. See LAND, CROWN. TRANSFERRED PROPERTIES. See eONSTITUTION. UNEMPLOYED WORKERS INSURANCE. See LABOUR. VEGETABLES AND FRUIT. See AGRICULTURE. WATERACT AMENDMENT. See LAND, CROWN. WATER FOR MINING PURPOSES. See MINING.