Queensland Law Society (Solicitors Complaints Tribunal) Amendment Rule (No. 1) 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 197 Queensland Law Society Act 1952 QUEENSLAND LAW SOCIETY (SOLICITORS COMPLAINTS TRIBUNAL) AMENDMENT RULE (No. 1) 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Rule amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new ss 2A, 2B and 2C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2A Application of rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2B Extending and shortening time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2C Effect of non-compliance with rules . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 16 (Transcript) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3A—COSTS ASSESSMENTS 18A Qualifications for costs assessor for the tribunal . . . . . . . . . . . . . . . . 4 18B Tribunal register of persons approved as costs assessors for the tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 18C Access to register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 18D Application for assessment of account under client agreement . . . . 5 18E Appointment of costs assessor by clerk of tribunal . . . . . . . . . . . . . . 5 18F Costs assessor’s duty about conflict of interest . . . . . . . . . . . . . . . . . 6 18G Conduct of costs assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 18H Costs assessor’s written assessment . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 2 s4 Queensland Law Society (Solicitors Complaints No. 197, 1998 Tribunal) Amendment (No. 1) ˙ Short title 1. This rule may be cited as the Queensland Law Society (Solicitors Complaints Tribunal) Amendment Rule (No. 1) 1998 . ˙ Rule amended 2. This rule amends the Queensland Law Society (Solicitors Complaints Tribunal) Rule 1997 . ˙ Amendment of s 2 (Definitions) 3. Section 2, definition “party” — omit, insert— ‘ “party” means— (a) for a charge— (i) the person bringing the charge; or (ii) the person against whom the charge is brought; or (b) for a costs assessment— (i) the client; or (ii) the practitioner or firm.’. ˙ Insertion of new ss 2A, 2B and 2C 4. After section 2— insert— ˙ ‘ Application of rule ‘ 2A. If this rule does not make provision or sufficient provision for a matter and the tribunal has not ordered otherwise, the Supreme Court Rules or the Supreme Court practice or procedure applies for the matter.

s5 3 s5 Queensland Law Society (Solicitors Complaints No. 197, 1998 Tribunal) Amendment (No. 1) ˙ ‘ Extending and shortening time ‘ 2B.(1) The tribunal may, at any time, extend a time set under this rule. ‘ (2) If a time set under this rule, including a time for service, has not ended, the tribunal may shorten the time. ˙ ‘ Effect of non-compliance with rules ‘ 2C.(1) Non-compliance with this rule does not invalidate a proceeding, unless the tribunal directs otherwise. ‘ (2) If this rule has not been complied with, the tribunal may— (a) waive the non-compliance; or (b) set aside all or part of the proceeding; or (c) make any other necessary order.’. ˙ Amendment of s 16 (Transcript) 5. Section 16, from ‘other than’— omit, insert— ‘other than— (a) if asked by a party, the Minister or the legal ombudsman—the person who asked; or (b) for a following purpose— (i) the proceeding to which the transcript relates; (ii) an appeal to the Court of Appeal; (iii) to answer a subpoena of a court.’.

s6 4 s6 Queensland Law Society (Solicitors Complaints No. 197, 1998 Tribunal) Amendment (No. 1) ˙ Insertion of new pt 3A 6. After part 3— insert— ‘ PART 3A—COSTS ASSESSMENTS ˙ ‘ Qualifications for costs assessor for the tribunal ‘ 18A. A costs assessor for the tribunal must be— (a) a solicitor who has been in actual practice for at least 5 years; or (b) a person who has practised as a costs assessor for at least 5 years; or (c) a person the tribunal considers has appropriate experience to be a costs assessor for the tribunal. Example of a person the tribunal may consider has appropriate experience for paragraph (c) — A person employed in a court registry, with a costs assessor, or as an accountant. ˙ ‘ Tribunal register of persons approved as costs assessors for the tribunal ‘ 18B.(1) The tribunal register of persons approved as costs assessors for the tribunal ( “approved costs assessors” ) must contain the following particulars for each approved costs assessor— (a) qualifications and experience; (b) any matter giving rise to an apparent conflict of interest in carrying out assessments generally or for particular matters; (c) the way in which the costs assessor’s fees are calculated; (d) if the costs assessor has given the clerk written notice of the matter— (i) the geographical area in which the costs assessor prefers to make assessments; and (ii) the nature of the work that the costs assessor prefers to

s6 5 s6 Queensland Law Society (Solicitors Complaints No. 197, 1998 Tribunal) Amendment (No. 1) assess; and (iii) details of any professional indemnity insurance held by the costs assessor. Examples of paragraph (c) — • a percentage of the amount of the account to be assessed • an hourly fee • a lump sum agreed to by the costs assessor and the parties. ‘ (2) As soon as practicable after a person becomes an approved costs assessor, the person must give to the clerk written notice of the person’s particulars mentioned in subsection (1)(a) to (c). ‘ (3) If the particulars contained in the register later change, the person must immediately give to the clerk written notice of the change. ˙ ‘ Access to register ‘ 18C. A person may— (a) inspect the tribunal register of persons approved as costs assessors for the tribunal at the clerk’s office when the office is open to the public; and (b) take extracts from, or obtain a copy of details in, the register. ˙ ‘ Application for assessment of account under client agreement ‘ 18D. An application for assessment of account under a client agreement must be made in the approved form. ˙ ‘ Appointment of costs assessor by clerk of tribunal ‘ 18E.(1) In appointing a costs assessor for the tribunal, the clerk must have regard to the following things— (a) the parties’ choice, if any, of approved costs assessor for the assessment; (b) the nature of the work to which the account to be assessed related;

s6 6 s6 Queensland Law Society (Solicitors Complaints No. 197, 1998 Tribunal) Amendment (No. 1) (c) the account amount; (d) the issues raised by the client about the account; (e) how long the assessment is likely to take; (f) any possible conflict of interest for a proposed appointee apparent from the following documents— (i) the tribunal register of persons approved as costs assessors for the tribunal; (ii) other documents before the clerk; (g) the way in which the proposed appointee’s fees are calculated. ‘ (2) The clerk must make the appointment in the approved form and, as soon as possible after making the appointment, give the original of the appointment document to the appointee and a copy to each party. ˙ ‘ Costs assessor’s duty about conflict of interest ‘ 18F.(1) Before starting to assess an account, a costs assessor must consider whether the costs assessor has an actual or apparent conflict of interest in the assessment. ‘ (2) If the costs assessor considers the costs assessor has an actual or apparent conflict of interest in the assessment, the costs assessor— (a) must immediately advise the clerk about the conflict of interest; and (b) must not carry out the assessment. ˙ ‘ Conduct of costs assessment ‘ 18G.(1) Before starting to assess an account, a costs assessor must encourage the parties to attempt to resolve the dispute about the account by mediation. ‘ (2) If the parties do not agree to attempt to resolve the dispute by mediation, the costs assessor may proceed with the assessment.

s6 7 s6 Queensland Law Society (Solicitors Complaints No. 197, 1998 Tribunal) Amendment (No. 1) ˙ ‘ Costs assessor’s written assessment ‘ 18H.(1) A costs assessor’s written assessment under section 48P of the Act 1 must be in the approved form. ‘ (2) A costs assessor must give to the parties a copy of the costs assessor’s written assessment within 10 days after making it.’. ENDNOTES 1. Made by the Solicitors Complaints Tribunal on 24 June 1998. 2. Approved by Governor in Council on 2 July 1998. 3. Notified in the gazette on 2 July 1998. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Justice. © State of Queensland 1998 1 Section 48P (Written costs assessment) of the Act