{"id":"a-2006-25","name":"Legal Profession Act 2006","slug":"legal-profession-act-2006","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"25 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23834,"registerId":"act-a-2006-25-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Legal Profession Act 2006.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘conditional costs agreement, for\npart 3.2 (Costs disclosure and review)—see section 261.’ means that the\nterm ‘conditional costs agreement’ is defined in that section for part 3.2.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary—ch 1 Part 1.1\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Purposes of Act","content":"6 Purposes of Act\nThe purposes of this Act are as follows:\n(a) to provide for the regulation of legal practice in the ACT in the\ninterests of the administration of justice and for the protection of\nconsumers of the services of the legal profession and the public\ngenerally;\n(b) to facilitate the regulation of legal practice on a national basis\nacross State and Territory borders.\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Terms relating to lawyers","content":"7 Terms relating to lawyers\nAustralian lawyer means a person who is admitted to the legal\nprofession under this Act or a corresponding law.\ninterstate lawyer means a person who is admitted to the legal\nprofession under a corresponding law, but not under this Act.\nlocal lawyer means a person who is admitted to the legal profession\nunder this Act (whether or not the person is also admitted under a\ncorresponding law).\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Terms relating to legal practitioners","content":"8 Terms relating to legal practitioners\nAustralian legal practitioner means an Australian lawyer who holds\na local practising certificate or interstate practising certificate.\ninterstate legal practitioner means an Australian lawyer who holds\nan interstate practising certificate, but not a local practising\nlocal legal practitioner means an Australian lawyer who holds a local\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Terms relating to associates and principals of law","content":"9 Terms relating to associates and principals of law\nassociate, of a law practice, means—\n(a) an Australian legal practitioner who is—\n(i) for a law practice constituted by a sole practitioner—the\nsole practitioner; or\n\n(ii) for a law practice that is a law firm—a partner in the law\n(iii) for a law practice that is an incorporated legal practice—a\nlegal practitioner director in the practice; or\n(iv) for a multidisciplinary partnership—a legal practitioner\npartner in the practice; or\n(v) an employee of, or consultant to, the law practice; or\n(b) an agent of the law practice who is not an Australian legal\n(c) an employee of, or a person paid in connection with, the law\npractice who is not an Australian legal practitioner; or\n(d) an Australian-registered foreign lawyer who is a partner in the\nlaw practice; or\n(e) a person (other than an Australian legal practitioner) who is a\npartner in a multi-disciplinary partnership; or\n(f) a person (other than an Australian legal practitioner) who shares\nthe receipts, revenue or other income arising from the legal\n(g) an Australian-registered foreign lawyer who has a relationship\nwith the law practice of a kind prescribed by regulation.\nlay associate, of a law practice or a local legal practitioner, means an\nassociate of the practice or legal practitioner who is not an Australian\nlegal practitioner.\nlegal practitioner associate, of a law practice, means an associate of\nthe practice who is an Australian legal practitioner.\nprincipal, of a law practice, means an Australian legal practitioner\n(a) for a law practice constituted by a sole practitioner—the sole\n\n(b) for a law practice that is a law firm—a partner in the law\n(c) for a law practice that is an incorporated legal practice—a legal\npractitioner director in the practice; or\n(d) for a multidisciplinary partnership—a legal practitioner partner\nin the practice.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"What is the home jurisdiction?","content":"10 What is the home jurisdiction?\n(1) This section has effect for this Act.\n(2) The home jurisdiction of an Australian legal practitioner is the\njurisdiction in which the practitioner’s only or most recent Australian\npractising certificate was granted.\n(3) The home jurisdiction of an Australian-registered foreign lawyer is\nthe jurisdiction in which the lawyer’s only or most recent registration\nwas granted.\n(4) The home jurisdiction of an associate of a law practice who is neither\nan Australian legal practitioner nor an Australian-registered foreign\nlawyer is—\n(a) if only 1 jurisdiction is the home jurisdiction of the only\nassociate of the practice who is an Australian legal practitioner\nor for all the associates of the practice who are Australian legal\npractitioners—that jurisdiction; or\n(b) if no 1 jurisdiction is the home jurisdiction of all the associates\nof the practice who are Australian legal practitioners—\n(i) the jurisdiction in which the office is situated where the\nassociate performs most of the associate’s duties for the\nlaw practice; or\n\n(ii) if a jurisdiction cannot be decided under\nsubparagraph (i)—the jurisdiction in which the associate is\nenrolled under a law of the jurisdiction to vote at elections\nfor the jurisdiction; or\n(iii) if a jurisdiction can be decided under neither\nsubparagraph (i) nor subparagraph (ii)—the jurisdiction\ndecided in accordance with criteria prescribed by\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Suitability matters","content":"11 Suitability matters\n(1) Each of the following is a suitability matter for an individual:\n(a) whether the person is currently of good fame and character;\n(b) whether the person is or has been an insolvent under\nadministration;\n(c) whether the person is, or was, a legal practitioner director of an\nincorporated legal practice while the practice is or was a\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"body corporate;","content":"Chapter 5 body corporate;\n(d) whether the person has been convicted of an offence in Australia\nor a foreign country, and if so—\n(i) the nature of the offence; and\n(ii) how long ago the offence was committed; and\n(iii) the person’s age when the offence was committed;\nNote 1 The admission rules may make provision for the convictions that\nmust be disclosed by an applicant and those that need not be\ndisclosed.\nNote 2 Section 13 (References to conviction and quashing of conviction)\nprovides that reference to a conviction includes a finding of guilt,\nor the acceptance of a guilty plea, whether or not a conviction is\nrecorded.\n\n(e) whether the person engaged in legal practice in Australia—\n(i) when not admitted, or not holding a practising certificate,\nas required under this Act or a previous territory law that\ncorresponds to this Act or under a corresponding law; or\n(ii) if the person was admitted—in contravention of a\ncondition of admission; or\n(iii) if the person held an Australian practising certificate— in\ncontravention of a condition of the certificate or while the\ncertificate was suspended;\n(f) whether the person has practised law in a foreign country—\n(i) when not permitted under a law of that country to do so; or\n(ii) if permitted to do so, in contravention of a condition of the\npermission;\n(g) whether the person is currently subject to an unresolved\ncomplaint, investigation, charge or order under any of the\n(i) this Act or a previous territory law that corresponds to this\nAct;\n(ii) a corresponding law or corresponding foreign law;\n(h) whether the person—\n(i) is the subject of current disciplinary action, however\nexpressed, in another profession or occupation in Australia\nor a foreign country; or\n(ii) has been the subject of disciplinary action, however\nexpressed, relating to another profession or occupation that\ninvolved a finding of guilt;\n\n(i) whether the person’s name has been removed from—\n(i) a local roll, and has not since been restored to or entered on\na local roll; or\n(ii) an interstate roll, and has not since been restored to or\nentered on an interstate roll; or\n(iii) a foreign roll;\n(j) whether the person’s right to engage in legal practice has been\nsuspended or cancelled in Australia or a foreign country;\n(k) whether the person has contravened, in Australia or a foreign\ncountry, a law about trust money or trust accounts;\n(l) whether, under this Act, a law of the Commonwealth or a\ncorresponding law, a supervisor, manager or receiver, however\ndescribed, is or has been appointed in relation to any legal\npractice engaged in by the person;\n(m) whether the person is or has been subject to an order, under this\nAct, a law of the Commonwealth or a corresponding law,\ndisqualifying the person from being employed by, or a partner\nof, an Australian legal practitioner or from managing a\ncorporation that is an incorporated legal practice;\n(n) whether the person currently is unable to satisfactorily carry out\nthe inherent requirements of practice as an Australian legal\n(2) A matter is a suitability matter even if it happened before the\ncommencement of this section.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Information notices","content":"12 Information notices\nFor this Act, an information notice is a written notice to a person\nabout a decision stating—\n(a) the decision; and\n\n(b) the reasons for the decision; and\n(c) the rights of appeal or review available to the person in relation\nto the decision and the period within which an appeal or review\nmust be made or applied for.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"References to conviction and quashing of conviction","content":"13 References to conviction and quashing of conviction\n(1) A reference in this Act to a conviction includes a reference to a\nfinding of guilt, or the acceptance of a guilty plea, whether or not a\nconviction is recorded.\nNote Found guilty is defined in the Legislation Act, dict.\n(2) Without limiting subsection (1), a reference in this Act to the\nquashing of a conviction for an offence includes a reference to the\nquashing of—\n(a) a finding of guilt in relation to the offence; or\n(b) the acceptance of a guilty plea in relation to the offence.\n(3) However, a reference in this Act to the quashing of a conviction for\nan offence does not include a reference to the quashing of a conviction\nif—\n(a) a finding of guilt in relation to the offence remains unaffected;\nor\n(b) the acceptance of a guilty plea in relation to the offence remains\nunaffected.\n\nPreliminary—ch 2 Part 2.1\n","sortOrder":12},{"sectionNumber":"Part 2","sectionType":"part","heading":"General requirements for","content":"Chapter 2 General requirements for\nengaging in legal practice\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Simplified outline—ch 2","content":"14 Simplified outline—ch 2\n(1) This chapter sets out general requirements for engaging in legal\npractice in the ACT.\n(2) The following is a general outline of the contents of this chapter:\n(a) part 2.2 provides for the reservation of legal work and legal titles\nto properly qualified entities;\n(b) part 2.3 sets out the qualifications and procedure for admission\nto legal practice in the ACT;\n(c) part 2.4 provides for the grant, renewal, amendment, suspension\nand cancellation of practising certificates in the ACT and sets\nout the entitlements of holders of interstate practising\ncertificates to engage in legal practice in the ACT;\n(d) part 2.5 provides a scheme for notification of and response to\naction taken by courts and other authorities in the ACT and other\njurisdictions regarding admission to the legal profession and the\nright to engage in legal practice;\n(e) part 2.6 regulates the provision of legal services in the ACT by\ncorporations and by partnerships that provide legal services and\nnonlegal services;\n\n(f) part 2.7 regulates the practice of the law of a foreign country in\nthe ACT;\n(g) part 2.8 regulates the provision of legal services in the ACT by\ncommunity legal centres.\n(3) Subsection (2) is intended only as a guide to the general scheme of\n\nPart 2.2 Reservation of legal work and\nlegal titles\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Purposes—pt 2.2","content":"15 Purposes—pt 2.2\n(a) to protect the public interest in the proper administration of\njustice by ensuring that legal work is carried out only by people\nwho are properly qualified to do so;\n(b) to protect consumers by ensuring that people carrying out legal\nwork are entitled to do so.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Prohibition on engaging in legal practice if not entitled","content":"16 Prohibition on engaging in legal practice if not entitled\n(a) the person engages in legal practice in the ACT; and\n(b) the person is not an Australian legal practitioner.\nExamples of engaging in legal practice\n1 preparing a will or other testamentary instrument\n2 preparing an instrument creating or regulating rights between people\n3 preparing an instrument relating to property or a legal proceeding\n4 acting as advocate for someone in a proceeding before a court or tribunal\n5 preparing papers to be used in support of, or opposition to, an application for\nthe grant of probate or letters of administration\n(2) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that the defendant did not engage in the legal\npractice for fee, gain or reward.\n\n(3) Subsection (1) does not apply to engaging in legal practice of the\nfollowing kinds:\n(a) legal practice engaged in under a territory law or a law of the\nCommonwealth;\n(b) legal practice engaged in by an incorporated legal practice in\naccordance with part 2.6 (Incorporated legal practices and\nmultidisciplinary partnerships);\n(c) the practice of foreign law by an Australian-registered foreign\nlawyer in accordance with part 2.7 (Legal practice—foreign\nlawyers);\n(d) legal practice engaged in by a complying community legal\ncentre;\nNote For the meaning of complying community legal centre, see s 208.\n(e) legal practice prescribed by regulation.\n(4) Subsection (1) also does not apply to—\n(a) an employee providing legal services to their employer or a\nrelated entity if the employee—\n(i) acts in the ordinary course of their employment; and\n(ii) receives no fee, gain or reward for acting other than their\nordinary remuneration as an employee; or\n(b) an agent or assistant property agent under the Agents Act 2003\ninserting details mentioned in that Act, section 89B (1) (a) or (b)\ninto a proposed contract to which that subsection applies; or\n(c) a public employee, a member of the Australian Public Service\nor a member of the defence force preparing an instrument, or\ncarrying out any other activity, in the course of their duties; or\n(d) an employee of a trustee company under the Trustee Companies\nAct 1947 preparing a will, or carrying out any other activity, in\nthe course of their duties; or\n\n(e) a person declared exempt from subsection (1) under a\n(5) Subsection (1) has effect subject to any territory law or law of the\nCommonwealth that authorises a person to engage in conduct that is\nengaging in legal practice.\n(6) A person is not entitled to recover any amount in relation to anything\nthe person did in contravention of subsection (1).\n(7) A person may recover from someone else, as a debt owing to the\nperson, any amount the person paid to the other person in relation to\nanything the other person did in contravention of subsection (1).\n(8) A regulation may make provision in relation to the application (with\nor without change) of provisions of this Act to people engaged in legal\npractice of a kind mentioned in subsection (3) (other than paragraphs\n(a) and (b)) or people mentioned in subsection (4).\n(9) In this section:\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Prohibition on representing or advertising entitlement to","content":"17 Prohibition on representing or advertising entitlement to\nengage in legal practice if not entitled\n(a) the person represents or advertises that the person is entitled to\nengage in legal practice; and\n(b) the person is not an Australian legal practitioner.\n(a) the person is a director, officer, employee or agent of a\ncorporation; and\n\n(b) the person represents or advertises that the corporation is\nentitled to engage in legal practice; and\n(c) the corporation is not an incorporated legal practice.\n(3) Subsections (1) and (2) do not apply to a representation or\nadvertisement about being entitled to engage in legal practice of a\nkind mentioned in section 16 (3) (Prohibition on engaging in legal\npractice if not entitled).\n(4) A reference in this section to—\n(a) a person representing or advertising that the person is entitled to\nengage in legal practice; or\n(b) a person representing or advertising that a corporation is entitled\nto engage in legal practice;\nincludes a reference to the person doing anything that states or implies\nthat the person or the corporation is entitled to engage in legal\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Presumptions about taking or using certain names, titles","content":"18 Presumptions about taking or using certain names, titles\nor descriptions\n(1) This section applies to the following names, titles and descriptions:\n• lawyer\n• legal practitioner\n• barrister or counsel\n• solicitor or attorney\n• Queen’s Counsel, King’s Counsel, Her Majesty’s Counsel, His\nMajesty’s Counsel or Senior Counsel.\n(2) A regulation may prescribe the kind of people who are entitled, and\nthe circumstances in which they are entitled, to take or use a name,\ntitle or description to which this section applies.\n\n(3) For section 17 (1) (Prohibition on representing or advertising\nentitlement to engage in legal practice if not entitled), the taking or\nusing of a name, title or description to which this section applies by\nsomeone who is not entitled to take or use it, or in circumstances in\nwhich someone is not entitled to take or use it, gives rise to a\nrebuttable presumption that the person represented that the person is\nentitled to engage in legal practice.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Contravention of pt 2.2 by Australian lawyers who are not","content":"19 Contravention of pt 2.2 by Australian lawyers who are not\n(1) A contravention of this part by an Australian lawyer who is not an\nAustralian legal practitioner can be unsatisfactory professional\n(2) This part does not affect any liability that a person who is an\nAustralian lawyer but not an Australian legal practitioner may have\nunder chapter 4 (Complaints and discipline), and the person may be\npunished for an offence against this part as well as being dealt with\nunder chapter 4 in relation to the same matter.\n\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Purposes—pt 2.3","content":"20 Purposes—pt 2.3\n(a) in the interests of the administration of justice and for the\nprotection of consumers of legal services, to provide a system\nunder which only applicants who have appropriate academic\nqualifications and practical legal training and who are otherwise\nfit and proper people to be admitted are qualified for admission\nto the legal profession in the ACT;\n(b) to provide for the recognition of equivalent qualifications and\ntraining that make applicants eligible for admission to the legal\nprofession in other jurisdictions.\n","sortOrder":20},{"sectionNumber":"Div 2","sectionType":"division","heading":"3.2 Eligibility and suitability for","content":"Division 2.3.2 Eligibility and suitability for\nadmission\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Eligibility for admission","content":"21 Eligibility for admission\n(1) A person is eligible for admission to the legal profession under this\nAct only if the person is an individual aged 18 years or over and—\n(a) the person has attained—\n(i) approved academic qualifications; or\n(ii) corresponding academic qualifications; and\n(b) the person has satisfactorily completed—\n(i) approved practical legal training requirements; or\n(ii) corresponding practical legal training requirements.\n\nEligibility and suitability for admission Division 2.3.2\n(2) The admission rules must not require a person to satisfactorily\ncomplete before admission a period of supervised training that\nexceeds in length a period or periods equivalent to 1 full-time year\n(as decided in accordance with the admission rules).\n(3) The Supreme Court may exempt a person from the requirements of\nsubsection (1) (a) or (b) if satisfied that the person has, to an extent\nsufficient to be eligible for admission—\n(a) academic qualifications; or\n(b) relevant experience in legal practice or relevant service with a\ngovernment agency.\n(4) An exemption under subsection (3) may be made subject to a\ncondition that the person is to obtain further qualifications or training.\napproved academic qualifications means academic qualifications\nthat are approved, under the admission rules, for admission to the\nlegal profession in the ACT.\napproved practical legal training requirements means legal training\nrequirements that are approved, under the admission rules, for\nadmission to the legal profession in the ACT.\ncorresponding academic qualifications means academic\nqualifications that would qualify the person for admission to the legal\nprofession in another jurisdiction if the admissions board is satisfied\nthat substantially the same minimum criteria apply for the approval\nof academic qualifications for admission in the other jurisdiction as\napply in the ACT.\ncorresponding practical legal training requirements means legal\ntraining requirements that would qualify the person for admission to\nthe legal profession in another jurisdiction if the admissions board is\nsatisfied that substantially the same minimum criteria apply for the\napproval of legal training requirements for admission in the other\njurisdiction as apply in the ACT.\n\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Suitability for admission","content":"22 Suitability for admission\n(1) In deciding if a person is a fit and proper person to be admitted to the\nlegal profession under this Act, the Supreme Court or admissions\nboard must consider each of the suitability matters in relation to the\nperson to the extent a suitability matter is appropriate.\n(2) Subsection (1) does not limit the relevant matters that the Supreme\nCourt or admissions board may consider.\n(3) However, the Supreme Court or admissions board may decide that a\nperson is a fit and proper person to be admitted to the legal profession\nunder this Act despite a suitability matter because of the\ncircumstances relating to the matter.\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Early consideration of suitability for admission","content":"23 Early consideration of suitability for admission\napplicant for admission means an applicant for admission to the legal\nprofession under this Act.\nprospective applicant for admission means a person who is\nundertaking, is eligible to undertake, or has completed, a course of\nlegal studies but who is not an applicant for admission.\nrelevant person means—\n(a) an applicant for admission; or\n(b) a prospective applicant for admission; or\n(c) anyone else who has a sufficient interest in applying for a\ndeclaration under this section.\n\nEligibility and suitability for admission Division 2.3.2\n(2) A relevant person may apply to the admissions board for a declaration\nthat a matter (for example, a suitability matter) disclosed either in—\n(a) the application for the declaration; or\n(b) an undecided application for admission to the legal profession\nunder this Act;\nwill not, without more, adversely affect an assessment by the board\nabout whether the person is a fit and proper person to be admitted.\n(3) The admissions board must consider each application under this\nsection and, subject to section 24, make the declaration sought or\nrefuse to make it.\n(4) A declaration under subsection (3) is binding on the admissions board\nunless the applicant failed to make a full and fair disclosure of all\nmatters relevant to the declaration.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Referral of matters to Supreme Court","content":"24 Referral of matters to Supreme Court\n(1) The admissions board may refer to the Supreme Court an application\nunder section 23 if, in the board’s opinion, it would be appropriate for\nthe court to consider the application having regard to the seriousness\nof matters disclosed by or found out about the applicant.\n(2) The Supreme Court has the same powers as the admissions board to\ndeal with the application and its decision on the application is taken\nto be a decision of the board.\n(3) On a referral under this section, the Supreme Court may make the\norder or declaration that it considers appropriate.\n(4) An order or declaration under subsection (3) is binding on the\nadmissions board unless the applicant failed to make a full and fair\ndisclosure of all matters relevant to the order or declaration.\n\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Appeal to Supreme Court on refusal of declaration","content":"25 Appeal to Supreme Court on refusal of declaration\n(1) If a declaration sought under section 23 (Early consideration of\nsuitability for admission) is refused by the admissions board, the\napplicant may appeal to the Supreme Court against the refusal.\n(2) An appeal under this section is by way of rehearing, and fresh\nevidence or evidence in addition to, or in substitution for, the\nevidence before the admissions board may be given on the appeal.\n(3) On an appeal under this section, the Supreme Court may make the\norder or declaration that it considers appropriate.\n(4) An order or declaration under subsection (3) is binding on the\nadmissions board unless the applicant failed to make a full and fair\ndisclosure of all matters relevant to the order or declaration.\n\nAdmission to legal profession Division 2.3.3\nDivision 2.3.3 Admission to legal profession\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Admission","content":"26 Admission\n(1) A person may apply to the Supreme Court to be admitted as a lawyer.\n(2) The Supreme Court may admit the person as a lawyer if satisfied that\nthe person—\n(a) is eligible for admission to the legal profession; and\n(b) is a fit and proper person to be admitted to the legal profession.\n(3) The Supreme Court may refuse—\n(a) to consider the application if it is not made in accordance with\nthe admission rules; or\n(b) to admit the person if the person has not complied with the\nadmission rules.\n(4) In making a decision under this section in relation to the application,\nthe Supreme Court must consider, and may rely on, the admissions\nboard’s advice in relation to the application.\n(5) The advice of the admissions board may be contained in a compliance\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Roll of people admitted to legal profession","content":"27 Roll of people admitted to legal profession\n(1) The Supreme Court must keep a roll of people admitted to the legal\nprofession under this Act (the local roll).\n(2) When a person is admitted under this Act, the person’s name must be\nentered on the local roll in accordance with the admission rules.\n(3) A person admitted under this Act must sign the local roll.\n(4) The admission of a person under this Act is effective from the time\nthe person signs the local roll.\n\nDivision 2.3.4 Functions and powers of admissions board\n(5) The registrar must forward to the relevant council the name and date\nof admission of each person admitted under this Act as soon as\npracticable after the person has signed the local roll.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Local lawyer is officer of Supreme Court","content":"28 Local lawyer is officer of Supreme Court\n(1) A person becomes an officer of the Supreme Court on being admitted\nas a lawyer under this Act.\n(2) A person ceases to be an officer of the Supreme Court under\nsubsection (1) if the person’s name is removed from the local roll.\nDivision 2.3.4 Functions and powers of admissions\nboard\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Admissions board to advise on application for admission","content":"29 Admissions board to advise on application for admission\n(1) The role of the admissions board is to advise the Supreme Court\nwhether or not the admissions board considers—\n(a) an applicant for admission to the legal profession is—\n(i) eligible for admission; and\n(ii) a fit and proper person to be admitted, including having\nregard to all suitability matters in relation to the applicant\nto the extent appropriate; and\n(b) the application is in accordance with the admission rules.\n(2) This section does not limit any other functions of the admissions\nboard under a territory law.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Compliance certificates by admissions board","content":"30 Compliance certificates by admissions board\n(1) Subsection (2) applies if, after considering an application for\nadmission to the legal profession, the admissions board considers—\n(a) the applicant is—\n(i) eligible for admission; and\n\nFunctions and powers of admissions board Division 2.3.4\n(ii) a fit and proper person to be admitted; and\n(b) the application is in accordance with the admission rules; and\n(c) there are no grounds for refusing to give a certificate of the\nmatters mentioned in paragraphs (a) and (b) (a compliance\ncertificate).\n(2) The admissions board must, within the time required by the admission\nrules—\n(a) tell the Supreme Court its decision by filing a compliance\n(b) give a copy of the compliance certificate to the bar council and\nlaw society council.\n(3) If the admissions board refuses to give a compliance certificate to an\napplicant for admission to the legal profession, the board must—\n(a) tell the Supreme Court its decision by filing a statement about\nthe decision and the reasons for the decision; and\n(b) give a copy of the statement to the bar council and law society\n(c) give an information notice to the applicant.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Consideration of applicant’s eligibility and suitability for","content":"31 Consideration of applicant’s eligibility and suitability for\nadmission\n(1) To help it consider whether or not an applicant is eligible for\nadmission to the legal profession under this Act or is a fit and proper\nperson to be admitted under this Act, the admissions board may, by\nwritten notice to the applicant, require the applicant—\n(b) to cooperate with any inquiries by the board that it considers\n\n(2) An applicant’s failure to comply with a notice under subsection (1)\nwithin the reasonable period, and in the reasonable way, (if any)\nrequired by the notice is a ground for refusing to give a compliance\ncertificate for the applicant.\n(3) The admissions board may refer a matter to the Supreme Court for\ndirections.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Admissions board is respondent to applications under","content":"32 Admissions board is respondent to applications under\npt 2.3\nThe admissions board is taken to be a respondent to every application\nunder this part not made by it.\n\nPreliminary—pt 2.4 Division 2.4.1\nPart 2.4 Legal practice by Australian legal\nDivision 2.4.1 Preliminary—pt 2.4\n33 Purposes and application—pt 2.4\n(1) The purposes of this part are as follows:\n(a) to facilitate the national practice of law by ensuring that\nAustralian legal practitioners can engage in legal practice in the\nACT and to provide for the certification of Australian lawyers\nwhether or not admitted in the ACT;\n(b) to provide a system for the grant and renewal of local practising\n(2) A regulation may provide that a provision of this part applies with\nprescribed changes to—\n(a) a government lawyer in relation to the lawyer’s official\nfunctions as a government lawyer; or\n(b) an in-house lawyer for a corporation in relation to the provision\nof in-house legal services for the corporation (or a related body\ncorporate).\nin-house lawyer means an Australian lawyer who—\n(a) is employed by a corporation, that is not an incorporated legal\n(b) provides only in-house legal services to the corporation (or a\nrelated body corporate).\n\nDivision 2.4.2 Legal practice in ACT by Australian legal practitioners\nDivision 2.4.2 Legal practice in ACT by Australian\n34 Entitlement of holder of Australian practising certificate\nto practise in ACT\nAn Australian legal practitioner is, subject to this Act, entitled to\nengage in legal practice in the ACT.\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Local practising certificates","content":"35 Local practising certificates\n(1) The following kinds of practising certificates may be granted by the\nrelevant council under this part:\n(a) unrestricted practising certificates;\n(b) restricted practising certificates;\n(c) barrister practising certificates.\nNote A current practising certificate granted under this part is a local\npractising certificate (see dict).\n(2) A regulation may prescribe—\n(a) criteria for granting or renewing practising certificates; or\n(b) procedures in relation to applications for practising certificates.\n(3) It is a statutory condition of a local practising certificate that the\nholder must not hold another local practising certificate, or an\ninterstate practising certificate, that is in force during the currency of\nthe firstmentioned certificate.\n(4) A contravention of subsection (3) can be unsatisfactory professional\n\nLocal practising certificates generally Division 2.4.3\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Suitability to hold local practising certificate","content":"36 Suitability to hold local practising certificate\n(1) This section applies for section 44 (Grant or renewal of unrestricted\nor restricted practising certificate) and any other provision of this Act\nfor which the question of whether a person is a fit and proper person\nto hold a local practising certificate is relevant.\n(2) In considering whether or not a person is a fit and proper person to\nhold a local practising certificate, the relevant council may take into\naccount any suitability matter relating to the person, and any of the\nfollowing, whether happening before or after the commencement of\nthis section:\n(a) whether the person obtained an Australian practising certificate\nbecause of incorrect or misleading information;\n(b) whether the person has contravened a condition of an Australian\npractising certificate held by the person;\n(c) whether the person has contravened this Act or a corresponding\nlaw;\n(d) whether the person has contravened—\n(i) an order of the ACAT; or\n(ii) an order of a corresponding disciplinary body or of another\ncourt or tribunal of another jurisdiction exercising\njurisdiction or powers by way of appeal or review of an\norder of a corresponding disciplinary body;\n(e) without limiting any other paragraph—\n(i) whether the person has failed to pay a required contribution\nor levy to the fidelity fund; or\n(ii) whether the person has contravened a requirement imposed\nby the council about professional indemnity insurance; or\n(iii) whether the person has failed to pay other costs or expenses\nfor which the person is liable under this Act;\n\n(f) other relevant matters the council considers appropriate.\nmade or in force under the Act, including regulations (see Legislation\n(3) The relevant council may decide that a person is a fit and proper\nperson to hold a local practising certificate despite anything\nmentioned in subsection (1) applying in relation to the person if the\ncouncil considers that the circumstances justify that decision.\n(4) If a matter was—\n(a) disclosed in an application by a person for admission to the legal\nprofession in the ACT or another jurisdiction; and\n(b) decided by a Supreme Court, the admissions board or a\ncorresponding authority not to be sufficient for refusing\nadmission;\nthe matter cannot be taken into account as a ground for refusing to\ngrant or renew or for suspending or cancelling a local practising\ncertificate, but the matter may be taken into account when considering\nother matters in relation to the person.\nNote Section 44 (Grant or renewal of unrestricted or restricted practising\ncertificate) provides that a local practising certificate must not be granted\nunless the relevant council is satisfied that the applicant is a fit and proper\nperson to hold the certificate, and must not be renewed if it is satisfied\nthat the applicant is not a fit and proper person to continue to hold the\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Duration of local practising certificate","content":"37 Duration of local practising certificate\n(1) A local practising certificate granted under this Act is in force from\nthe date stated in it until the end of the financial year in which it is\ngranted, unless the certificate is sooner suspended or cancelled.\n(2) A local practising certificate renewed under this Act is in force until\nthe end of the financial year after its previous period of currency,\nunless the certificate is sooner suspended or cancelled.\n\nLocal practising certificates generally Division 2.4.3\n(3) If an application for the renewal of a local practising certificate has\nnot been decided by the following 1 July, the certificate—\n(a) continues in force on and from that 1 July until the relevant\ncouncil renews or refuses to renew the certificate or the holder\nwithdraws the application for renewal, unless the certificate is\nsooner cancelled or suspended; and\n(b) if renewed, is taken to have been renewed on and from that\n1 July.\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Conditions on practising certificate—government lawyer","content":"38 Conditions on practising certificate—government lawyer\nand in-house lawyer\n(1) This section applies to the following people who apply for the grant\nor renewal of a local practising certificate:\n(a) an Australian lawyer who is a government lawyer who, in the\nlawyer’s application for the grant or renewal of the certificate,\nstated that the lawyer did not intend to engage in legal practice\notherwise than as a government lawyer engaged in government\nwork;\n(b) an in-house lawyer.\n(2) The relevant council must not grant or renew a local practising\ncertificate unless the relevant council—\n(a) for an application by an Australian lawyer mentioned in\nsubsection (1) (a)—imposes a condition on the certificate that\nthe lawyer must not engage in legal practice otherwise than as a\ngovernment lawyer engaged in government work; or\n(b) for an application by an in-house lawyer—imposes a condition\non the certificate that the in-house lawyer for a corporation must\nnot engage in legal practice otherwise than by providing in-\nhouse legal services to the corporation (or a related body\ncorporate).\n\n(3) A person must comply with a condition imposed under subsection (2)\non the person’s practising certificate.\n(4) A failure by an Australian lawyer to comply with subsection (3) can\nin-house lawyer—see section 33.\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Local legal practitioner is officer of Supreme Court","content":"40 Local legal practitioner is officer of Supreme Court\nA person who is not already an officer of the Supreme Court becomes\nan officer of the Supreme Court on being granted a local practising\nDivision 2.4.4 Grant or renewal of local practising\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Application for grant or renewal of local practising","content":"41 Application for grant or renewal of local practising\n(1) An Australian lawyer may apply to the relevant council for the grant\nor renewal of a local practising certificate if the lawyer is eligible to\napply for the grant or renewal.\n(2) An Australian lawyer is eligible to apply for the grant or renewal of a\nlocal practising certificate if the lawyer complies with the regulations\nand legal profession rules in relation to eligibility for the practising\ncertificate and—\n(a) if the lawyer is not an Australian legal practitioner at the time of\nmaking the application—\n(i) the lawyer reasonably expects to be engaged in legal\npractice solely or principally in the ACT during the\ncurrency of the certificate or renewal applied for; or\n\n(ii) if subparagraph (i) does not apply to the lawyer or it is not\nreasonably practicable to establish whether\nsubparagraph (i) applies—the lawyer’s place of residence\nin Australia is the ACT or the lawyer does not have a place\nof residence in Australia; or\n(b) if the lawyer is an Australian legal practitioner at the time of\nmaking the application—\n(i) the jurisdiction in which the lawyer engages in legal\npractice solely or principally is the ACT; or\n(ii) the lawyer holds a local practising certificate and engages\nin legal practice in another jurisdiction under an\narrangement that is of a temporary nature; or\n(iii) the lawyer reasonably expects to be engaged in legal\npractice solely or principally in the ACT during the\ncurrency of the certificate applied for; or\n(iv) if it is not reasonably practicable to establish whether\nsubparagraph (i), (ii) or (iii) applies—the lawyer’s place of\nresidence in Australia is the ACT or the lawyer does not\nhave a place of residence in Australia; or\n(c) if the lawyer is an Australian legal practitioner prescribed by\nregulation for this paragraph.\n(3) For subsection (2) (b), the jurisdiction in which an Australian lawyer\nengages in legal practice solely or principally is to be decided by\nreference to the lawyer’s legal practice during the certificate period\ncurrent at the time—\n(a) the application is made; or\n(b) for a late application—the application should have been made.\n\n(4) Without limiting subsection (2), an Australian lawyer is not eligible\nto apply for the grant or renewal of a local practising certificate in\nrelation to a financial year if the lawyer would also be the holder of\nanother Australian practising certificate for the year.\n(5) An Australian lawyer must not apply for the grant or renewal of a\nlocal practising certificate if the lawyer is not eligible to make the\n(6) An Australian legal practitioner who engages in legal practice solely\nor principally in the ACT during a financial year and reasonably\nexpects to engage in legal practice solely or principally in the ACT in\nthe next financial year must apply for the grant or renewal of a local\npractising certificate in relation to the next financial year.\n(7) Subsection (6) does not apply to an interstate legal practitioner who\napplied for the grant or renewal of an interstate practising certificate\non the basis that the practitioner reasonably expected to engage in\nlegal practice solely or principally in the ACT under an arrangement\nthat is of a temporary nature.\n(8) The exemption provided by subsection (7) ceases to operate at the end\nof the period prescribed by regulation.\n(9) A reference in this section to engaging in legal practice principally in\na jurisdiction applies only to legal practice in Australia and despite\nanything in this section an Australian lawyer who is engaged or\nexpects to be engaged in legal practice principally in a foreign country\nis eligible to apply for the grant or renewal of a local practising\ncertificate if the lawyer otherwise meets the requirements of this\nA person practises both in Australia and overseas and the overseas practice is the\nprincipal part of the person’s overall practice. The question whether the person is\nengaged in legal practice principally in the ACT is determined by reference to the\nperson’s practice in Australia.\n\n(10) A regulation under subsection (2) (c) may—\n(a) limit the kind of practising certificate for which a lawyer\nprescribed for that paragraph may apply for grant or renewal; or\n(b) provide that a council has a discretion as to whether or not to\ngrant or renew a local practising certificate to a person in the\nperson’s capacity as a lawyer prescribed for that paragraph.\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Approved form for grant or renewal application for","content":"42 Approved form for grant or renewal application for\n(1) An application for grant or renewal of a practising certificate must be\nin a form (an approved form) approved under section 587 by—\n(a) for a barrister practising certificate—the bar council; or\n(b) for an unrestricted practising certificate or restricted practising\ncertificate—the law society council.\n(2) To remove any doubt, an approved form may require the applicant to\ndisclose matters that may affect the applicant’s eligibility for the grant\nor renewal of a local practising certificate or the question whether the\napplicant is a fit or proper person to hold a local practising certificate.\n(3) An approved form may indicate that particular kinds of matters\npreviously disclosed in a particular way need not be disclosed for the\npurposes of the current application.\n(4) Subsections (2) and (3) have effect despite the Legislation Act,\nsection 255 (6).\n","sortOrder":40},{"sectionNumber":"43","sectionType":"section","heading":"Timing of application for renewal of local practising","content":"43 Timing of application for renewal of local practising\n(1) An application for the renewal of a local practising certificate must\nbe made within the period prescribed by regulation.\n(2) That period must be within the currency of the local practising\ncertificate being sought to be renewed.\n\n","sortOrder":41},{"sectionNumber":"44","sectionType":"section","heading":"Grant or renewal of unrestricted or restricted practising","content":"44 Grant or renewal of unrestricted or restricted practising\n(1) The law society council must consider an application that has been\nmade for the grant or renewal of an unrestricted practising certificate\nor restricted practising certificate, and may—\n(a) grant or renew the practising certificate; or\n(b) refuse to grant or renew the practising certificate.\nNote When granting or renewing a local practising certificate, the law society\ncouncil may impose conditions on the certificate under s 47.\n(2) However, the law society council—\n(a) need not consider an application for grant or renewal of an\nunrestricted practising certificate or restricted practising\ncertificate if—\n(i) the application has not been made in accordance with this\nAct; or\n(ii) the required fees have not been paid; and\n(b) may refuse to grant or renew the practising certificate if the\napplicant has not complied with the criteria prescribed by\nregulation and the legal profession rules for the grant or renewal.\n(3) The law society council must not grant an unrestricted practising\ncertificate or restricted practising certificate unless satisfied that the\n(a) was eligible to apply for the grant when the application was\n(b) is a fit and proper person to hold the certificate.\n\n(4) The law society council must not renew an unrestricted practising\ncertificate or restricted practising certificate if satisfied that the\n(a) was not eligible to apply for the renewal when the application\nwas made; or\n(b) is not a fit and proper person to continue to hold the certificate.\n(5) The law society council must not grant or renew an unrestricted\npractising certificate or restricted practising certificate if—\n(a) it considers the applicant’s circumstances have changed since\nthe application was made; and\n(b) the applicant would (having regard to information that has come\nto the law society council’s attention) not have been eligible to\nmake the application when the application is being considered.\n(6) This section does not affect any other provision of this Act that\nprovides for the refusal to grant or renew an unrestricted practising\ncertificate or restricted practising certificate.\nNote 1 The law society council must not grant or renew a practising certificate\nfor an insurable legal practitioner unless satisfied that the practitioner will\nbe covered by an approved indemnity insurance policy (see s 311).\nNote 2 See also s 62 (Refusal to grant or renew unrestricted or restricted\npractising certificate—failure to show cause etc).\n(7) If the law society council grants or renews an unrestricted practising\ncertificate or restricted practising certificate, the law society council\nmust give the applicant—\n(a) for the grant of a certificate—the practising certificate granted;\nor\n(b) for the renewal of a certificate—the new practising certificate.\n(8) If the law society council refuses to grant or renew an unrestricted\npractising certificate or restricted practising certificate, the law\nsociety council must give the applicant an information notice.\n\n","sortOrder":42},{"sectionNumber":"45","sectionType":"section","heading":"Grant or renewal of barrister practising certificate","content":"45 Grant or renewal of barrister practising certificate\n(1) The bar council must consider an application that has been made for\nthe grant or renewal of a barrister practising certificate, and may—\n(a) grant or renew the practising certificate; or\n(b) refuse to grant or renew the practising certificate.\nNote When granting or renewing a barrister practising certificate, the bar\ncouncil may impose conditions on the certificate under s 47.\n(2) However, the bar council—\n(a) need not consider an application for grant or renewal of a\nbarrister practising certificate if—\n(i) the application has not been made in accordance with this\nAct; or\n(ii) the required fees have not been paid; and\n(b) may refuse to grant or renew the practising certificate if the\napplicant has not complied with the criteria prescribed by\nregulation and the legal profession rules for the grant or renewal.\nNote This Act—see the dictionary.\n(3) The bar council must not grant a barrister practising certificate unless\nsatisfied that the applicant—\n(a) was eligible to apply for the grant when the application was\n(b) is a fit and proper person to hold the certificate.\n(4) The bar council must not renew a barrister practising certificate if\nsatisfied that the applicant—\n(a) was not eligible to apply for the renewal when the application\nwas made; or\n(b) is not a fit and proper person to continue to hold the certificate.\n\n(5) The bar council must not grant or renew a barrister practising\ncertificate if—\n(a) it considers the applicant’s circumstances have changed since\nthe application was made; and\n(b) the applicant would (having regard to information that has come\nto the bar council’s attention) not have been eligible to make the\napplication when the application is being considered.\n(6) This section does not affect any other provision of this Act that\nprovides for the refusal to grant or renew a barrister practising\nNote 1 The bar council must not grant or renew a practising certificate for an\ninsurable legal practitioner unless satisfied that the practitioner will be\ncovered by an approved indemnity insurance policy (see s 311).\nNote 2 See also s 63 (Refusal to grant or renew barrister practising certificate—\nfailure to show cause etc).\n(7) If the bar council grants or renews a barrister practising certificate,\nthe bar council must give the applicant—\n(a) for the grant of a certificate—the practising certificate granted;\nor\n(b) for the renewal of a certificate—the new practising certificate.\n(8) If the bar council refuses to grant or renew a barrister practising\ncertificate, the bar council must give the applicant an information\nnotice.\n\nDivision 2.4.5 Conditions on local practising\n","sortOrder":43},{"sectionNumber":"46","sectionType":"section","heading":"Conditions on local practising certificates generally","content":"46 Conditions on local practising certificates generally\n(1) A local practising certificate is subject to—\n(a) any conditions imposed by the relevant council under section 38\n(Conditions on practising certificate—government lawyer and\nin-house lawyer) or section 47 (Conditions imposed on local\npractising certificate by relevant council); and\n(b) any statutory conditions imposed under this Act or any other\n(c) any conditions imposed or amended by a relevant council under\nsection 69 (Imposition of conditions on local practising\ncertificate pending criminal proceedings etc); and\n(d) any conditions imposed under chapter 4 (Complaints and\ndiscipline) or under provisions of a corresponding law that\ncorrespond to chapter 4.\n(2) If a condition is imposed, amended or revoked under this Act (other\nthan a statutory condition) during the currency of the local practising\ncertificate concerned, the certificate must be amended by the\nlicensing body, or a new certificate must be issued by the licensing\nbody, to reflect on its face the imposition, amendment or revocation.\n","sortOrder":44},{"sectionNumber":"47","sectionType":"section","heading":"Conditions imposed on local practising certificate by","content":"47 Conditions imposed on local practising certificate by\nrelevant council\n(1) The relevant council may impose conditions on a local practising\ncertificate when it is granted or renewed.\n\nConditions on local practising certificates Division 2.4.5\n(2) The relevant council may impose a condition on a local practising\ncertificate—\n(a) on the application of the applicant for grant or renewal of the\n(3) The relevant council may impose conditions on a local practising\ncertificate during its currency.\n(4) The relevant council may impose conditions on a local practising\ncertificate under subsection (3)—\n(a) on the application of the holder of the practising certificate; or\n(5) A regulation may make provision in relation to an application for the\nimposition of a condition on a practising certificate.\n(6) A condition imposed under this section must be reasonable and\nrelevant.\n(7) A condition imposed under this section may be about any of the\n(a) requiring the holder of the practising certificate to undertake and\ncomplete—\n(i) continuing legal education; or\n(ii) particular legal education or training; or\n(iii) a period of supervised legal practice;\n(b) restricting the areas of law practised;\n(c) controlling, restricting or prohibiting the operation of a trust\naccount;\n(d) restricting the holder to particular conditions concerning\nemployment or supervision;\n\n(e) a matter agreed to by the holder.\n(8) Subsection (7) does not limit the matters about which a condition may\nbe imposed under this section.\n(9) The relevant council must not impose a condition, or recommend that\na condition be imposed, that requires the holder to undertake and\ncomplete particular legal education or training unless—\n(a) the council is satisfied, having regard to—\n(i) the nature or currency of the holder’s academic studies,\nlegal training or legal experience; or\n(ii) the holder’s conduct;\nthat it is reasonable to require the particular legal education or\ntraining to be undertaken; or\n(b) the condition is one that is imposed generally on holders of local\npractising certificates or any class of holders of local practising\nNote A class of holders might comprise newly qualified lawyers, or\nlawyers returning to legal practice after suspension or an extended\nbreak.\n(10) The relevant council may amend or revoke a condition imposed by it\non a local practising certificate under subsection (1) or (3).\n(11) If the relevant council imposes a condition on, or amends or revokes\na condition of, a local practising certificate (the action)—\n(a) the council must give the applicant for, or holder of, the\ncertificate an information notice about the action, unless the\naction was taken on the application of the applicant or holder;\nand\n(b) if the action was taken during the currency of the certificate—\nthe action takes effect when the holder is given an information\nnotice or other written notice by the council about the action or,\nif the notice states a later time of effect, at that time.\n\nConditions on local practising certificates Division 2.4.5\n(12) This section has effect subject to section 56 (Amending, suspending\nor cancelling local practising certificate) in relation to the imposition\nof a condition on a local practising certificate during its currency.\n","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"Statutory condition about conditions imposed on","content":"48 Statutory condition about conditions imposed on\ninterstate admission\nIt is a statutory condition of a local practising certificate that the\nholder must not contravene a condition that was imposed on the\nadmission of the person to the legal profession under a corresponding\nlaw (with any amendments of the condition made from time) and that\nis still in force.\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Barristers—restrictions on engaging in legal practice etc","content":"49 Barristers—restrictions on engaging in legal practice etc\n(1) A regulation or legal profession rule may make provision for or in\nrelation to prohibiting the holder of a barrister practising certificate\nfrom any or all of the following:\n(a) engaging in legal practice—\n(i) otherwise than as a sole practitioner; or\n(ii) in partnership with anyone; or\n(iii) as the employee of anyone;\n(b) holding office as a legal practitioner director of an incorporated\n(2) Conditions may be imposed on a barrister practising certificate\ngranted to a legal practitioner that the practitioner must not—\n(a) engage in legal practice—\n(i) otherwise than as a sole practitioner; or\n(ii) in partnership with anyone; or\n(iii) as the employee of anyone; or\n\n(b) hold office as a legal practitioner director of an incorporated\n","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"Statutory condition about practice as a solicitor","content":"50 Statutory condition about practice as a solicitor\n(1) It is a statutory condition of a local practising certificate that the\nholder must not engage in unsupervised legal practice as a solicitor,\nuntil the holder has completed a period of supervised legal practice\n(2) Subsection (1) has effect subject to any other conditions that relate to\nengaging in supervised legal practice as a solicitor after any period\nprescribed for that subsection.\n","sortOrder":48},{"sectionNumber":"51","sectionType":"section","heading":"Statutory condition on local practising certificate about","content":"51 Statutory condition on local practising certificate about\nnotification of offence\n(1) It is a statutory condition of a local practising certificate that the\nholder of the certificate—\n(a) must notify the relevant council that the holder has been—\n(i) convicted of an offence that would have to be disclosed\nunder the admission rules in relation to an application for\nadmission to the legal profession under this Act; or\n(ii) charged with a serious offence; and\n(b) must do so not later than 7 days after the event happens and by\na written notice.\n(2) This section does not apply to an offence to which division 2.4.7\n(Special powers in relation to local practising certificates—\nshow-cause events) applies.\n","sortOrder":49},{"sectionNumber":"52","sectionType":"section","heading":"Conditions imposed by legal profession rules","content":"52 Conditions imposed by legal profession rules\nThe legal profession rules may—\n(a) impose conditions on local practising certificates; or\n\n(b) authorise conditions to be imposed on local practising\n","sortOrder":50},{"sectionNumber":"53","sectionType":"section","heading":"Compliance with conditions of local practising certificate","content":"53 Compliance with conditions of local practising certificate\nThe holder of a local practising certificate must not contravene (in the\nACT or elsewhere) a condition to which the certificate is subject.\nDivision 2.4.6 Amendment, suspension or\ncancellation of local practising\n","sortOrder":51},{"sectionNumber":"54","sectionType":"section","heading":"Application—div 2.4.6","content":"54 Application—div 2.4.6\nThis division does not apply in relation to matters mentioned in\ndivision 2.4.7 (Special powers in relation to local practising\ncertificates—show-cause events).\n","sortOrder":52},{"sectionNumber":"55","sectionType":"section","heading":"Grounds for amending, suspending or cancelling local","content":"55 Grounds for amending, suspending or cancelling local\npractising certificate\n(1) Each of the following is a ground for amending, suspending or\ncancelling a local practising certificate:\n(a) the holder is no longer a fit and proper person to hold the\ncertificate;\n(b) the holder does not have, or no longer has, an approved policy\nof indemnity insurance;\n(c) if a condition of the certificate is that the holder is limited to\nlegal practice stated in the certificate—the holder is engaging in\nlegal practice that the holder is not entitled to engage in under\nthis Act.\n(2) A regulation may prescribe additional grounds for amending,\nsuspending or cancelling a local practising certificate.\n\nDivision 2.4.6 Amendment, suspension or cancellation of local practising certificates\n","sortOrder":53},{"sectionNumber":"56","sectionType":"section","heading":"Amending, suspending or cancelling local practising","content":"56 Amending, suspending or cancelling local practising\n(1) If the relevant council believes a ground exists to amend, suspend or\ncancel a local practising certificate (the proposed action), the council\nmust give the holder a notice that—\n(a) states the proposed action, and—\n(i) if the proposed action is to amend the certificate—states\nthe proposed amendment; and\n(ii) if the proposed action is to suspend the certificate—states\nthe proposed suspension period; and\n(b) states the grounds for proposing to take the proposed action; and\n(c) outlines the facts and circumstances that form the basis for the\ncouncil’s belief; and\n(d) invites the holder to make written representations to the council,\nnot later than the end of a stated period of not less than 7 days\nand not more than 28 days after the day the holder is given the\nnotice, about why the proposed action should not be taken.\n(2) If, after considering all written representations made not later than the\nend of the stated period and, in its discretion, written representations\nmade after the end of the stated period, the relevant council still\nbelieves a ground exists to take the proposed action, the council\nmay—\n(a) if the notice under subsection (1) stated the proposed action was\nto amend the practising certificate—amend the certificate in the\nway stated or in a less onerous way the council considers\nappropriate because of the representations; or\n(b) if the notice stated the proposed action was to suspend the\npractising certificate for a stated period—\n(i) suspend the certificate for a period no longer than the stated\n\n(ii) amend the certificate in a less onerous way the council\nconsiders appropriate because of the representations; or\n(c) if the notice stated the proposed action was to cancel the\npractising certificate—\n(i) cancel the certificate; or\n(ii) suspend the certificate for a stated period; or\n(iii) amend the certificate in a less onerous way the council\nconsiders appropriate because of the representations.\n(3) If the relevant council decides to amend, suspend or cancel the\npractising certificate, the council must give the holder an information\nnotice about the decision.\n(4) If the relevant council decides not to amend, suspend or cancel the\npractising certificate, the council must, by written notice, tell the\nholder about the decision.\namend, a certificate, means amend the certificate under section 47\n(Conditions imposed on local practising certificate by relevant\ncouncil) during its currency, otherwise than at the request of the\nholder of the certificate.\n","sortOrder":54},{"sectionNumber":"57","sectionType":"section","heading":"Operation of amendment, suspension or cancellation of","content":"57 Operation of amendment, suspension or cancellation of\nlocal practising certificate\n(1) This section applies if a decision is made to amend, suspend or cancel\na local practising certificate under section 56.\n(2) Subject to subsections (3) and (4), the amendment, suspension or\ncancellation of the practising certificate takes effect on the later of the\n(a) the day written notice of the decision is given to the holder;\n(b) the day stated in the notice.\n\nDivision 2.4.6 Amendment, suspension or cancellation of local practising certificates\n(3) If the practising certificate is amended, suspended or cancelled\nbecause the holder has been convicted of an offence—\n(a) the Supreme Court may, on the holder’s application, order that\nthe operation of the amendment, suspension or cancellation of\nthe practising certificate be stayed until—\n(i) the end of the time to appeal against the conviction; and\n(ii) if an appeal is made against the conviction—the appeal is\nfinally decided, lapses or otherwise ends; and\n(b) the amendment, suspension or cancellation does not have effect\nduring any period in relation to which the stay is in force.\n(4) If the practising certificate is amended, suspended or cancelled\nbecause the holder has been convicted of an offence and the\nconviction is quashed—\n(a) the amendment or suspension ceases to have effect when the\nconviction is quashed; or\n(b) the cancellation ceases to have effect when the conviction is\nquashed and the certificate is restored as if it had only been\nsuspended.\n","sortOrder":55},{"sectionNumber":"58","sectionType":"section","heading":"Other ways of amending or cancelling local practising","content":"58 Other ways of amending or cancelling local practising\n(1) The relevant council may amend or cancel a local practising\ncertificate if the holder asks the council to do so.\n(2) The relevant council may also amend a local practising certificate—\n(a) for a formal or clerical reason; or\n(b) in another way that does not adversely affect the holder’s\ninterests.\n\n(3) The relevant council must cancel a local practising certificate if the\nholder’s name has been removed from the local roll or the holder\nstops being an Australian lawyer.\n(4) The amendment or cancellation of a local practising certificate under\nthis section must be by written notice given to the holder.\n(5) To remove any doubt, section 56 (Amending, suspending or\ncancelling local practising certificate) does not apply to the\namendment or cancellation of a local practising certificate under this\n","sortOrder":56},{"sectionNumber":"59","sectionType":"section","heading":"Relationship of div 2.4.6 with ch 4","content":"59 Relationship of div 2.4.6 with ch 4\nThis division does not prevent a complaint from being made under\nchapter 4 (Complaints and discipline) about a matter to which this\ndivision relates.\n\nDivision 2.4.7 Special powers in relation to local\npractising certificates—show-cause\n","sortOrder":57},{"sectionNumber":"60","sectionType":"section","heading":"Applicant for local practising certificate—show-cause","content":"60 Applicant for local practising certificate—show-cause\nevent\n(a) a person is applying for the grant or renewal of a local practising\n(b) a show-cause event in relation to the person happened after the\nperson was first admitted to the legal profession in the ACT or\nanother jurisdiction, however the admission was expressed at\nthe time of the admission.\n(2) As part of the application, the person must give the relevant council\na written statement, in accordance with the regulations—\n(a) about the show-cause event; and\n(b) explaining why, despite the show-cause event, the applicant\nconsiders themself to be a fit and proper person to hold a local\n(3) However, the person need not give a statement under subsection (2)\nif the person (as a previous applicant for a local practising certificate\nor as the holder of a local practising certificate previously in force)\nhas previously provided to the relevant council—\n(a) a statement under this section; or\n(b) a notice and statement under section 61;\nexplaining why, despite the show-cause event, the person considers\nthemself to be a fit and proper person to hold a local practising\n\nSpecial powers in relation to local practising certificates—show-cause\nDivision 2.4.7\n(4) This section applies to a show-cause event whether the event\nhappened before or after the commencement of this section.\n","sortOrder":58},{"sectionNumber":"61","sectionType":"section","heading":"Holder of local practising certificate—show-cause event","content":"61 Holder of local practising certificate—show-cause event\n(1) This section applies to a show-cause event that happens in relation to\nthe holder of a local practising certificate.\n(2) The holder must give to the relevant council both of the following:\n(a) not later than 7 days after the day the event happens, written\nnotice that the event happened;\n(b) not later than 28 days after the day the event happens, a written\nstatement explaining why, despite the show-cause event, the\nperson considers themself to be a fit and proper person to hold a\nlocal practising certificate.\n(3) If a written statement is given to the relevant council after the end of\nthe 28-day period, the council may accept the statement and take it\ninto consideration.\n","sortOrder":59},{"sectionNumber":"62","sectionType":"section","heading":"Refusal to grant or renew unrestricted or restricted","content":"62 Refusal to grant or renew unrestricted or restricted\npractising certificate—failure to show cause etc\n(1) The law society council may refuse to grant or renew an unrestricted\npractising certificate or restricted practising certificate if the\n(a) is required by section 60 (Applicant for local practising\ncertificate—show-cause event) to give the law society council,\nas the relevant council for the applicant, a written statement or\nnotice relating to a matter and has failed to give a written\nstatement or notice in accordance with that requirement; or\n\n(b) has given a written statement in accordance with section 60 but\nthe law society council does not consider that the applicant has\nshown in the statement that, despite the show-cause event\nconcerned, the applicant is a fit and proper person to hold a local\n(2) The law society council must give the applicant or holder an\ninformation notice about the decision to refuse to grant or renew the\n(3) However, if the law society council considers that the applicant or\nholder has shown in the statement mentioned in subsection (1) (b)\nthat, despite the show-cause event concerned, the applicant is a fit and\nproper person to hold a local practising certificate, the law society\ncouncil must, by written notice, tell the applicant or holder about its\ndecision.\n","sortOrder":60},{"sectionNumber":"63","sectionType":"section","heading":"Refusal to grant or renew barrister practising certificate—","content":"63 Refusal to grant or renew barrister practising certificate—\nfailure to show cause etc\n(1) The bar council may refuse to grant or renew a barrister practising\ncertificate if the applicant—\n(a) is required by section 60 (Applicant for local practising\ncertificate—show-cause event) to give the bar council, as the\nrelevant council for the applicant, a written statement or notice\nrelating to a matter and has failed to give a written statement or\nnotice in accordance with that requirement; or\n(b) has given a written statement in accordance with section 60 but\nthe bar council does not consider that the applicant has shown in\nthe statement that, despite the show-cause event concerned, the\napplicant is a fit and proper person to hold a local practising\n(2) The bar council must give the applicant or holder an information\nnotice about the decision to refuse to grant or renew the certificate.\n\nSpecial powers in relation to local practising certificates—show-cause\nDivision 2.4.7\n(3) However, if the bar council considers that the applicant or holder has\nshown in the statement mentioned in subsection (1) (b) that, despite\nthe show-cause event concerned, the applicant is a fit and proper\nperson to hold a local practising certificate, the bar council must, by\nwritten notice, tell the applicant or holder about its decision.\n","sortOrder":61},{"sectionNumber":"64","sectionType":"section","heading":"Amendment, suspension or cancellation of local","content":"64 Amendment, suspension or cancellation of local\npractising certificate—failure to show cause etc\n(1) The relevant council may amend, suspend or cancel a local practising\ncertificate if the holder—\n(a) is required by section 61 (Holder of local practising certificate—\nshow-cause event) to give the council a written statement or\nnotice relating to a matter and has failed to give a written\nstatement or notice in accordance with that requirement; or\n(b) has given a written statement in accordance or section 61 but the\ncouncil does not consider that the holder has shown in the\nstatement that, despite the show-cause event concerned, the\nholder is a fit and proper person to hold a local practising\n(2) For this section only, a written statement accepted by the relevant\ncouncil under section 61 (3) is taken to have been given in accordance\nwith section 61.\n(3) The relevant council must give the holder an information notice about\nthe decision to amend, suspend or cancel the certificate.\n(4) However, if the relevant council considers that the holder has shown\nin the statement mentioned in subsection (1) (b) that, despite the\nshow-cause event concerned, the holder is a fit and proper person to\nhold a local practising certificate, the council must, by written notice,\ntell the holder about its decision.\n\n","sortOrder":62},{"sectionNumber":"65","sectionType":"section","heading":"Restriction on further applications for local practising","content":"65 Restriction on further applications for local practising\ncertificate after refusal to grant or renew\n(1) This section applies if the relevant council decides under section 62\n(Refusal to grant or renew unrestricted or restricted practising\ncertificate—failure to show cause etc) or section 63 (Refusal to grant\nor renew barrister practising certificate—failure to show cause etc) to\nrefuse to grant or renew a local practising certificate to a person.\n(2) The relevant council may also decide that the person is not entitled to\napply for the grant of a local practising certificate for a stated period\nof not longer than 5 years.\nrelevant council must include the decision in the information notice\nrequired under section 62 (2) or section 63 (2).\nto this section, is not entitled to apply for the grant of a local practising\ncertificate during the period stated in the decision.\n","sortOrder":63},{"sectionNumber":"66","sectionType":"section","heading":"Restriction on further applications for local practising","content":"66 Restriction on further applications for local practising\ncertificate after cancellation\n(1) This section applies if the relevant council decides under section 64\n(Amendment, suspension or cancellation of local practising\ncertificate—failure to show cause etc) to cancel a person’s local\n(2) The relevant council may also decide that the person is not entitled to\napply for the grant of a local practising certificate for a stated period\nof not longer than 5 years.\ncouncil must include the decision in the information notice required\nunder section 64 (3).\n\nFurther provisions about local practising certificates Division 2.4.8\nto this section, is not entitled to apply for the grant of a local practising\ncertificate during the period stated in the decision.\n","sortOrder":64},{"sectionNumber":"67","sectionType":"section","heading":"Relationship of div 2.4.7 with pt 4.4 and ch 6","content":"67 Relationship of div 2.4.7 with pt 4.4 and ch 6\n(1) The relevant council has and may exercise powers under part 4.4\n(Investigation of complaints) and chapter 6 (Investigations), in\nrelation to a matter under this division, as if the matter were the\nsubject of a complaint under chapter 4.\n(2) Accordingly, the provisions of part 4.4 and chapter 6 apply in relation\nto a matter under this division with any necessary changes.\n(3) This division does not prevent a complaint from being made under\nchapter 4 about a matter to which this division relates.\nDivision 2.4.8 Further provisions about local\n","sortOrder":65},{"sectionNumber":"68","sectionType":"section","heading":"Immediate suspension of local practising certificate","content":"68 Immediate suspension of local practising certificate\n(1) This section applies, despite division 2.4.6 (Amendment, suspension\nor cancellation of local practising certificates) and division 2.4.7\n(Special powers in relation to local practising certificates—show-\ncause events), if the relevant council considers it necessary in the\npublic interest to immediately suspend a local practising certificate\non—\n(a) any of the grounds on which the certificate could be suspended\nor cancelled under division 2.4.6; or\n(b) the ground of the happening of a show-cause event in relation to\nthe holder; or\n\n(c) any other ground that the council considers justifies immediate\nsuspension of the certificate in the public interest;\nwhether or not any action has been taken or started under\ndivision 2.4.6 or division 2.4.7 in relation to the holder.\n(2) The relevant council may, by written notice given to the holder,\nimmediately suspend the practising certificate until the earlier of the\n(a) the council gives the holder an information notice under\nsection 56 (3) (Amending, suspending or cancelling local\npractising certificate);\n(b) the council gives the holder written notice under section 56 (4);\n(c) the council gives the holder an information notice under section\n64 (3) (Amendment, suspension or cancellation of local\npractising certificate—failure to show cause etc);\n(d) the council gives the holder written notice under section 64 (4);\n(e) the period of 56 days after the day the notice is given to the\nholder under this section ends.\n(3) The notice under this section must—\n(a) include an information notice about the suspension; and\n(b) state that the practitioner may make written representations to\nthe relevant council about the suspension.\n(4) The holder may make written representations to the relevant council\nabout the suspension, and the council must consider the\nrepresentations.\n(5) The relevant council may revoke the suspension at any time, whether\nor not in response to any written representations made to it by the\nholder.\n\nFurther provisions about local practising certificates Division 2.4.8\n","sortOrder":66},{"sectionNumber":"69","sectionType":"section","heading":"Imposition of conditions on local practising certificate","content":"69 Imposition of conditions on local practising certificate\npending criminal proceedings etc\n(1) If a local legal practitioner has been charged with a serious offence\nbut the charge has not been decided, the relevant council may, if it\nconsiders it appropriate having regard to the seriousness of the\noffence and to the public interest, by written notice given to the\n(a) amend the conditions of the practitioner’s local practising\n(b) impose further conditions on the practitioner’s local practising\n(2) The amendment or imposition of a condition under subsection (1) has\neffect until the earlier of the following:\n(a) the end of the period stated by the relevant council in the notice;\n(b) if the local legal practitioner is convicted of the offence—28\ndays after the day of the conviction;\n(c) if the charge is dismissed—the day of the dismissal.\n(3) The notice under this section must—\n(a) include an information notice about the amendment or\nimposition of the condition; and\n(b) state that the local legal practitioner may make written\nrepresentations to the relevant council about the amendment or\nimposition of the condition.\n(4) The local legal practitioner may make written representations to the\nrelevant council about the amendment or imposition of the condition,\nand the council must consider the representations.\n(5) The relevant council may at any time revoke a decision to amend or\nimpose a condition, whether or not in response to any written\nrepresentations made to it by the local legal practitioner.\n\n","sortOrder":67},{"sectionNumber":"70","sectionType":"section","heading":"Surrender and cancellation of local practising certificate","content":"70 Surrender and cancellation of local practising certificate\n(1) The holder of a local practising certificate may surrender the\ncertificate to the relevant council.\n(2) The relevant council may cancel the certificate.\n","sortOrder":68},{"sectionNumber":"71","sectionType":"section","heading":"Return of local practising certificate","content":"71 Return of local practising certificate\n(1) This section applies if a local practising certificate granted to an\nAustralian legal practitioner—\n(a) is amended, suspended or cancelled by the relevant council or\nbecause of an order of the ACAT under section 425 (ACAT\norders—Australian legal practitioners); or\n(b) is replaced by another certificate.\n(2) The relevant council may give the practitioner a written notice\nrequiring the practitioner to return the certificate to the council in the\nway stated in the notice within a stated period of not less than 7 days\nafter the day the practitioner is given the notice.\n(3) The practitioner must comply with the notice.\n(4) The relevant council must return the practising certificate to the\n(a) if the certificate is amended—after amending it; or\n(b) if the certificate is suspended and is still current at the end of the\nsuspension period—at the end of the suspension period.\n\nInterstate legal practitioners Division 2.4.9\n","sortOrder":69},{"sectionNumber":"72","sectionType":"section","heading":"Professional indemnity insurance—interstate legal","content":"72 Professional indemnity insurance—interstate legal\n(1) An interstate legal practitioner commits an offence if the\n(i) engages in legal practice in the ACT for fee, gain or\nreward; or\n(ii) represents or advertises that the practitioner is entitled to\nengage in legal practice in the ACT; and\n(b) is not covered by professional indemnity insurance that—\n(i) covers legal practice in the ACT; and\n(ii) is for at least the relevant amount (including defence costs)\nunless, without affecting subparagraph (i) or (iii), the\npractitioner engages in legal practice only as or in the\nmanner of a barrister; and\n(iii) has been approved under, or complies with, any\nrequirement of a corresponding law for the interstate\npractising certificate held by the practitioner.\n(2) This section does not apply to an interstate legal practitioner who is\nemployed by a corporation, other than an incorporated legal practice,\nand who provides only in-house legal services to the corporation (or\na related body corporate).\n(3) This section does not apply to an interstate legal practitioner who—\n(a) is a government lawyer; and\n\n(b) is engaged in legal practice in the ACT only to the extent that\nthe practitioner is exercising official functions as a government\nlawyer; and\n(c) has indemnity or immunity that is provided by law and applies\nto the legal practice.\ndefence costs, in relation to professional indemnity insurance\ncovering an interstate legal practitioner, means costs (other than the\nclaimant’s costs) payable by an insurer in relation to a claim, or\nnotification that may lead to a claim, under the policy of insurance\nheld by the interstate legal practitioner.\n(a) if an amount is prescribed by regulation—that amount; or\n","sortOrder":70},{"sectionNumber":"73","sectionType":"section","heading":"Extent of entitlement of interstate legal practitioner to","content":"73 Extent of entitlement of interstate legal practitioner to\npractise in ACT\n(1) This part does not authorise an interstate legal practitioner to engage\nin legal practice in the ACT to a greater extent than a local legal\npractitioner could be authorised under a local practising certificate.\n(2) Also, an interstate legal practitioner’s right to engage in legal practice\nin the ACT—\n(a) is subject to any conditions imposed by the relevant council\nunder section 74; and\n\nInterstate legal practitioners Division 2.4.9\n(b) is, to the greatest practicable extent and with all necessary\nchanges—\n(i) the same as the practitioner’s right to engage in legal\npractice in the practitioner’s home jurisdiction; and\n(ii) subject to any condition on the practitioner’s right to\nengage in legal practice in that jurisdiction, including any\nconditions imposed on the practitioner’s admission to the\nlegal profession in the ACT or another jurisdiction.\n(3) If there is an inconsistency between conditions mentioned in\nsubsection (2) (a) and conditions mentioned in subsection (2) (b), the\nconditions that are, in the relevant council’s opinion, more onerous\nprevail to the extent of the inconsistency.\n(4) An interstate lawyer must not engage in legal practice in the ACT in\na way not authorised by this Act or in contravention of any condition\nmentioned in this section.\n","sortOrder":71},{"sectionNumber":"74","sectionType":"section","heading":"Additional conditions on practice of interstate legal","content":"74 Additional conditions on practice of interstate legal\n(1) The relevant council may, by written notice to an interstate legal\npractitioner engaged in legal practice in the ACT, impose any\ncondition on the practitioner’s practice that it may impose under this\nAct on a local practising certificate.\n(2) Also, an interstate legal practitioner’s right to engage in legal practice\nin the ACT is subject to any condition imposed under the legal\n(3) Conditions imposed under or mentioned in this section must not be\nmore onerous than conditions applying to local legal practitioners.\n(4) A notice under this section must include an information notice about\nthe decision to impose a condition.\n\n","sortOrder":72},{"sectionNumber":"75","sectionType":"section","heading":"Special provisions about interstate legal practitioner","content":"75 Special provisions about interstate legal practitioner\nengaging in unsupervised legal practice in ACT\n(1) An interstate legal practitioner must not engage in unsupervised legal\npractice as a solicitor in the ACT unless—\n(a) if the practitioner completed practical legal training principally\nunder the supervision of an Australian lawyer, whether\ninvolving articles of clerkship or otherwise, to qualify for\nadmission to the legal profession in the ACT or another\njurisdiction—the practitioner has undertaken a period or periods\nequivalent to 18 months supervised legal practice, worked out\nunder the regulations, after the day the practitioner’s first\npractising certificate was granted; or\n(b) if the practitioner completed other practical legal training to\nqualify for admission to the legal profession in the ACT or\nanother jurisdiction—the practitioner has undertaken a period or\nperiods equivalent to 2 years supervised legal practice, worked\nout under the regulations, after the day the practitioner’s first\npractising certificate was granted.\n(2) Subsection (1)—\n(a) does not apply if the interstate legal practitioner is exempt from\nthe requirement for supervised legal practice in the practitioner’s\nhome jurisdiction; or\n(b) applies only to the extent of a shorter period if the required\nperiod of supervised legal practice has been reduced for the\ninterstate legal practitioner in the practitioner’s home\n","sortOrder":73},{"sectionNumber":"76","sectionType":"section","heading":"Interstate legal practitioner is officer of Supreme Court","content":"76 Interstate legal practitioner is officer of Supreme Court\nAn interstate legal practitioner engaged in legal practice in the ACT\nhas all the duties and obligations of an officer of the Supreme Court,\nand is subject to the jurisdiction and powers of the Supreme Court in\nrelation to those duties and obligations.\n\n","sortOrder":74},{"sectionNumber":"77","sectionType":"section","heading":"Protocols with regulatory authorities","content":"77 Protocols with regulatory authorities\n(1) The councils may, separately or jointly, enter into arrangements\n(protocols) with regulatory authorities of other jurisdictions about\ndeciding—\n(a) the jurisdiction in which an Australian lawyer engages in legal\npractice principally or can reasonably expect to engage in legal\npractice principally; or\n(b) the circumstances in which an arrangement under which an\nAustralian legal practitioner practises in a jurisdiction—\n(i) can be regarded as being of a temporary nature; or\n(ii) stops being of a temporary nature; or\n(c) the circumstances in which an Australian legal practitioner can\nreasonably expect to engage in legal practice principally in a\njurisdiction during the currency of an Australian practising\n(2) For this Act, and to the extent that the protocols are relevant, a matter\nmentioned in subsection (1) (a), (b) or (c) is to be decided in\naccordance with the protocols.\n","sortOrder":75},{"sectionNumber":"78","sectionType":"section","heading":"Investigation of practising certificate applicants or","content":"78 Investigation of practising certificate applicants or\nholders etc\n(1) To help it consider whether or not to grant, renew, amend, suspend or\ncancel a local practising certificate, the relevant council may, by\nwritten notice to the applicant or holder, require the applicant or\nholder—\n\n(b) to cooperate with any inquiries by the council that it considers\n(2) A person’s failure to comply with a notice under subsection (1) within\nthe reasonable period, and in the reasonable way, (if any) required by\nthe notice is a ground for making an adverse decision in relation to\nthe person in relation to the action being considered by the relevant\n","sortOrder":76},{"sectionNumber":"79","sectionType":"section","heading":"Register of local practising certificates","content":"79 Register of local practising certificates\n(1) The relevant council must keep a register of the names of Australian\nlawyers to whom it grants local practising certificates.\n(2) The register must—\n(a) state the conditions (if any) imposed on a local practising\ncertificate in relation to engaging in legal practice; and\n(b) include other particulars prescribed by regulation.\n(3) The register may be kept in the way the relevant council decides.\n(4) The register must be available for inspection, without charge, at the\nrelevant council’s office during normal business hours.\n","sortOrder":77},{"sectionNumber":"80","sectionType":"section","heading":"Supreme Court orders about conditions under pt 2.4","content":"80 Supreme Court orders about conditions under pt 2.4\n(1) The relevant council may apply to the Supreme Court for an order\nthat an Australian lawyer not contravene a condition imposed under\n(2) The Supreme Court may make any order it considers appropriate on\nthe application.\n","sortOrder":78},{"sectionNumber":"81","sectionType":"section","heading":"Appeals against decisions of relevant council","content":"81 Appeals against decisions of relevant council\n(1) A person may appeal to the Supreme Court against—\n(a) a decision of the relevant council to refuse to grant or renew a\nlocal practising certificate; or\n\n(b) a decision of the relevant council to amend, suspend or cancel a\nlocal practising certificate; or\n(c) a decision of the relevant council under section 47 (1)\n(Conditions imposed on local practising certificate by relevant\ncouncil) to impose a condition on local practising certificate on\nits own initiative; or\n(d) a decision of the relevant council under section 47 (3) to impose\na condition on a local practising certificate; or\n(e) a decision of the relevant council under section 47 (10) to amend\nor revoke a condition of a local practising certificate; or\n(f) a decision of the relevant council under section 65 (2)\n(Restriction on making further applications for practising\ncertificate after refusal to grant or renew) or 66 (2) (Restriction\non further applications for local practising certificate after\ncancellation) that the person is not entitled to apply for the grant\nof a local practising certificate for a stated period; or\n(g) a decision of the relevant council to impose a condition on a\nlocal practising certificate under section 69 (Imposition of\nconditions on local practising certificate pending criminal\nproceedings etc); or\n(h) a decision of the relevant council under section 74 (Additional\nconditions on practice of interstate legal practitioners) to impose\na condition on the interstate legal practitioner’s practice.\n(2) The relevant council may appear as a party to the appeal.\n\n","sortOrder":79},{"sectionNumber":"82","sectionType":"section","heading":"Government lawyers generally","content":"82 Government lawyers generally\n(1) A government lawyer is not subject to—\n(a) any prohibition under this Act about—\n(i) engaging in legal practice in the ACT; or\n(ii) making representations about engaging in legal practice in\nthe ACT; or\n(b) any provision of this Act about professional indemnity\ninsurance;\n(2) Contributions and levies are not payable to the fidelity fund by or in\nrelation to a government lawyer in the lawyer’s capacity as a\n(3) A regulation may provide that a government lawyer is not subject\nto—\n(a) any provision of this Act about professional discipline; or\n(b) any provision of this Act (other than section 38 (2) (a)) about\nconditions imposed on a local practising certificate; or\n(c) any requirements of the legal profession rules;\n(4) This section does not prevent a government lawyer from being\ngranted or holding a local practising certificate.\n\n","sortOrder":80},{"sectionNumber":"83","sectionType":"section","heading":"Government lawyers of other jurisdictions","content":"83 Government lawyers of other jurisdictions\n(1) A government lawyer of another jurisdiction is not subject to—\n(a) any prohibition under this Act about—\n(i) engaging in legal practice in the ACT; or\n(ii) making representations about engaging in legal practice in\nthe ACT; or\n(b) conditions imposed on a local practising certificate; or\n(c) requirements of legal profession rules; or\n(d) professional discipline;\ngovernment lawyer of the other jurisdiction to the extent that the\ngovernment lawyer is exempt from the matters mentioned in\nparagraph (a) to (d) as a government lawyer of the other jurisdiction.\n(2) Contributions and levies are not payable to the fidelity fund by or in\nrelation to a government lawyer of another jurisdiction in the lawyer’s\ncapacity as a government lawyer.\n(3) Without limiting subsection (1), that subsection extends to a\nprohibition relating to professional indemnity insurance for interstate\nlegal practitioners.\n(4) Without affecting subsections (1), (2) and (3), this section does not\nprevent a government lawyer of another jurisdiction from being\ngranted or holding a local practising certificate.\njurisdiction means a State or Territory or the Commonwealth.\n\n","sortOrder":81},{"sectionNumber":"84","sectionType":"section","heading":"Determination of fees by law society council and bar","content":"84 Determination of fees by law society council and bar\n(1) The law society council may determine fees for this Act in relation\nto—\n(a) applications for the grant or renewal of unrestricted practising\ncertificates and restricted practising certificates; and\n(b) the other services that it provides under this Act, whether as the\nlicensing body or otherwise.\n(2) The bar council may determine fees for this Act in relation to—\n(a) applications for the grant or renewal of barrister practising\ncertificates; and\n(b) the other services that it provides under this Act.\n(3) A fee determined in relation to an application for the grant or renewal\nof a practising certificate may include an amount required for the\npurpose of recovering costs in relation to the grant or renewal of a\n(4) A determination under this section is a disallowable instrument.\n\nPreliminary—pt 2.5 Division 2.5.1\nPart 2.5 Inter-jurisdictional provisions\nabout admission and practising\nDivision 2.5.1 Preliminary—pt 2.5\n85 Purpose—pt 2.5\nThe purpose of this part is to provide a nationally consistent scheme\nfor the notification of and response to action taken by courts and other\nauthorities in relation to the admission of people to the legal\nprofession and their right to engage in legal practice in Australia.\n","sortOrder":82},{"sectionNumber":"86","sectionType":"section","heading":"Powers under ch 4 not affected by pt 2.5","content":"86 Powers under ch 4 not affected by pt 2.5\nThis part does not affect any powers or duties under chapter 4\n(Complaints and discipline).\nDivision 2.5.2 Notices to be given by local\nauthorities to interstate authorities\n","sortOrder":83},{"sectionNumber":"87","sectionType":"section","heading":"Official notice to other jurisdictions of applications for","content":"87 Official notice to other jurisdictions of applications for\nadmission and associated matters\n(1) This section applies if an application for admission to the legal\nprofession is made under this Act.\n(2) The admissions board may give the corresponding authority for\nanother jurisdiction written notice of any of the following (as\nrelevant):\n(a) the making of the application;\n(b) the withdrawal of the application after an inquiry is proposed or\nstarted in relation to the application;\n(c) the refusal of the Supreme Court to admit the applicant to the\nlegal profession under this Act.\n\nDivision 2.5.2 Notices to be given by local authorities to interstate authorities\n(3) The notice must state the applicant’s name and address as last-known\nto the admissions board.\n","sortOrder":84},{"sectionNumber":"88","sectionType":"section","heading":"Official notice to other jurisdictions of removals from","content":"88 Official notice to other jurisdictions of removals from\nlocal roll\n(1) This section applies if a person’s name is removed from the local roll,\nexcept if the removal happens under section 94 (Peremptory removal\nof local lawyer’s name from local roll following removal in another\njurisdiction).\n(2) The registrar must give written notice of the removal to—\n(a) the corresponding authority of every other jurisdiction; and\n(b) the registrar or other proper officer of the High Court.\n(3) The notice must state—\n(a) the person’s name and address as last-known to the registrar;\nand\n(b) the date the person’s name was removed from the roll; and\n(c) the reason for removing the person’s name.\n","sortOrder":85},{"sectionNumber":"90","sectionType":"section","heading":"Relevant council to give notice to other jurisdictions of","content":"90 Relevant council to give notice to other jurisdictions of\ncertain matters\n(a) the relevant council—\n(i) refuses to grant or renew an Australian lawyer a local\n(ii) suspends or cancels an Australian lawyer’s local practising\n\nNotices to be given by lawyers to local authorities Division 2.5.3\n(b) the lawyer successfully appeals against the action taken.\n(2) The relevant council must give the corresponding bodies of other\njurisdictions written notice of the action taken or the result of the\nappeal.\n(3) The notice must state—\n(a) the lawyer’s name and address as last-known to the relevant\n(b) particulars of—\n(i) the action taken and the reasons for it; or\n(ii) the result of the appeal.\n(5) The relevant council may give corresponding authorities written\nnotice of a condition imposed by it on an Australian lawyer’s local\nDivision 2.5.3 Notices to be given by lawyers to\nlocal authorities\n","sortOrder":86},{"sectionNumber":"91","sectionType":"section","heading":"Lawyer to give notice of removal in another jurisdiction","content":"91 Lawyer to give notice of removal in another jurisdiction\nand\n(b) the person’s name is removed from an interstate roll; and\n(c) the person fails to give the registrar written notice of the removal\nin accordance with section 93 (1) (Provisions applying to notices\nunder div 2.5.3) not later than 7 days after the day the person\nreceives notice of the removal.\n\n(b) the person’s name is removed from an interstate roll; and\nwritten notice of the removal in accordance with section 93 (1)\nnot later than 7 days after the day the person receives notice of\nthe removal.\n(3) This section does not apply if the name has been removed from an\ninterstate roll under a provision that corresponds to section 94\n(Peremptory removal of local lawyer’s name from local roll following\nremoval in another jurisdiction).\n(4) Strict liability applies to subsection (1) (a) and subsection (2) (a).\n","sortOrder":87},{"sectionNumber":"92","sectionType":"section","heading":"Lawyer to give notice of interstate orders","content":"92 Lawyer to give notice of interstate orders\nand\n(b) an order is made under a corresponding law recommending that\nthe person’s name be removed from the local roll; and\n(c) the person fails to give the registrar written notice of the order\nin accordance with section 93 (2) not later than 7 days after the\nday the person receives notice of the order.\n\nNotices to be given by lawyers to local authorities Division 2.5.3\n(b) an order or decision is made under a corresponding law that—\n(i) the person’s local practising certificate be suspended or\ncancelled; or\n(ii) a local practising certificate not be granted to the person\nfor a stated period; or\n(iii) that conditions be imposed on the person’s local practising\nwritten notice of the order or decision in accordance with section\n93 (2) not later than 7 days after the day the person receives\nnotice of the order.\n(3) Strict liability applies to subsection (1) (a) and subsection (2) (a).\n","sortOrder":88},{"sectionNumber":"92A","sectionType":"section","heading":"Lawyer to give notice of foreign regulatory action","content":"92A Lawyer to give notice of foreign regulatory action\nand\n(b) foreign regulatory action has been taken in relation to the\n(c) the person fails to give the registrar written notice of the foreign\nregulatory action in accordance with section 93 (1) (Provisions\napplying to notices under div 2.5.3) not later than 7 days after\nthe day the person receives notice of the foreign regulatory\naction.\n\n(b) foreign regulatory action has been taken in relation to the person\nto remove the person’s name from a foreign roll for disciplinary\nreasons; and\nwritten notice of the removal in accordance with section 93 (1)\nnot later than 7 days after the day the person receives notice of\nthe foreign regulatory action.\n(3) Strict liability applies to subsection (1) (a) and subsection (2) (a).\nforeign regulatory action taken in relation to a person means either\nof the following:\n(a) removal of the person’s name from a foreign roll for disciplinary\nreasons;\n(b) suspension or cancellation of, or refusal to renew, the person’s\nright to engage in legal practice in a foreign country.\n","sortOrder":89},{"sectionNumber":"93","sectionType":"section","heading":"Provisions applying to notices under div 2.5.3","content":"93 Provisions applying to notices under div 2.5.3\n(1) A notice to be given under section 91 or section 92A by a person\nmust—\n(a) state the person’s name and address; and\n(b) identify the roll from which the person’s name has been\nremoved; and\n(c) state the date of the removal; and\n(d) be accompanied by a copy of any official notification given to\nthe person in relation to the removal.\n(2) A notice to be given under section 92 by a person must—\n(a) state the person’s name and address; and\n\n(b) state the terms of the order or decision made under the\n(c) be accompanied by a copy of any official notification given to\nthe person in relation to the order or decision.\nDivision 2.5.4 Taking of action by local authorities in\nresponse to notices received\n","sortOrder":90},{"sectionNumber":"94","sectionType":"section","heading":"Peremptory removal of local lawyer’s name from local roll","content":"94 Peremptory removal of local lawyer’s name from local roll\nfollowing removal in another jurisdiction\n(1) This section applies if the registrar is satisfied that—\n(a) a local lawyer’s name has been removed from an interstate roll;\nand\n(b) no order mentioned in section 97A (1) (a) (Order for non-\nremoval of name or non-cancellation of local practising\ncertificate) is, at the time of the removal, in force in relation to\nit.\n(2) The registrar must remove the lawyer’s name from the local roll.\n(3) The registrar may give the lawyer notice of the date the registrar\nproposes to remove the name from the local roll.\n(4) The registrar must give the former local lawyer notice of the removal\nof the name from the local roll, unless notice of the date of the\nproposed removal was previously given.\n(5) The name of the former local lawyer is, on the former lawyer’s\napplication to the registrar or on the registrar’s own initiative, to be\nrestored to the local roll if the name is restored to the interstate roll.\n(6) This section does not prevent the former local lawyer from afterwards\napplying for admission under part 2.3 (Admission of local lawyers).\n\n","sortOrder":91},{"sectionNumber":"95","sectionType":"section","heading":"Peremptory cancellation of local practising certificate","content":"95 Peremptory cancellation of local practising certificate\nfollowing removal of name from interstate roll\n(a) a person’s name is removed from an interstate roll; and\n(b) the person is the holder of a local practising certificate; and\n(c) no order mentioned in section 97A (1) (b) is, at the time of the\nremoval, in force in relation to it.\n(2) The relevant council must cancel the local practising certificate after\nreceiving written notice of the removal.\n(3) The relevant council may give the person notice of the date the\ncouncil proposes to cancel the local practising certificate.\n(4) The relevant council must give the person notice of the cancellation,\nunless notice of the date of the proposed cancellation was previously\ngiven.\n(5) This section does not prevent the former local lawyer from later\napplying for a local practising certificate.\n","sortOrder":92},{"sectionNumber":"96","sectionType":"section","heading":"Show-cause procedure for removal of lawyer’s name","content":"96 Show-cause procedure for removal of lawyer’s name\nfrom local roll following foreign regulatory action\n(1) This section applies if the relevant council is satisfied that—\n(a) foreign regulatory action has been taken in relation to a local\nlawyer (other than a local legal practitioner); and\n(b) no order mentioned in section 97A (1) (a) (Order for\nnon-removal of name or non-cancellation of local practising\ncertificate) is in force in relation to the action taken.\n\n(2) The relevant council may serve on the lawyer a written notice stating\nthat the council will apply to the Supreme Court for an order that the\nlawyer’s name be removed from the local roll unless the lawyer\nshows cause to the council why the lawyer’s name should not be\nremoved.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(3) If the lawyer does not satisfy the relevant council that the lawyer’s\nname should not be removed from the local roll, the council may\napply to the Supreme Court for an order that the lawyer’s name be\nremoved from the local roll.\n(4) Before applying for an order that the lawyer’s name be removed, the\nrelevant council must give the lawyer a reasonable opportunity to\nshow cause why the lawyer’s name should not be removed.\n(5) The Supreme Court may, on application made under this section,\norder that the lawyer’s name be removed from the local roll.\n(6) The lawyer is entitled to appear before and be heard by the Supreme\nCourt at a hearing in relation to an application under this section.\nrelevant council means—\n(a) if the lawyer holds a local practising certificate that is a barrister\npractising certificate—the bar council; or\n(b) if the lawyer holds a local practising certificate that is an\nunrestricted practising certificate or restricted practising\ncertificate—the law society council; or\n(c) if the lawyer holds an interstate practising certificate—the bar\ncouncil or law society council; or\n(d) if the lawyer does not hold a local practising certificate—the law\n\n","sortOrder":93},{"sectionNumber":"97","sectionType":"section","heading":"Show-cause procedure for cancellation of local practising","content":"97 Show-cause procedure for cancellation of local practising\ncertificate following foreign regulatory action\n(1) This section applies if the relevant council is satisfied that—\n(a) foreign regulatory action has been taken in relation to a local\nlegal practitioner; and\n(b) no order mentioned in section 97A (1) (a) (Order for\nnon-removal of name or non-cancellation of local practising\ncertificate) is in force in relation to the action taken.\n(2) The relevant council may serve on the practitioner a written notice\nstating that the council proposes to cancel the practitioner’s practising\ncertificate unless the practitioner shows cause to the council why the\npractitioner’s practising certificate should not be cancelled.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(3) The relevant council must give the practitioner a reasonable\nopportunity to show cause why the practitioner’s practising certificate\nshould not be cancelled.\n(4) If the practitioner does not satisfy the relevant council that the\npractising certificate should not be cancelled, the council may cancel\nthe certificate.\n(5) The relevant council must, as soon as practicable, give the\npractitioner an information notice about its decision to cancel the\n(6) The practitioner may appeal to the Supreme Court against a decision\nof the authority to cancel the practising certificate.\n(7) On an appeal under this section, the Supreme Court may make the\norder it considers appropriate.\n\n","sortOrder":94},{"sectionNumber":"97A","sectionType":"section","heading":"Order for non-removal of name or non-cancellation of","content":"97A Order for non-removal of name or non-cancellation of\nlocal practising certificate\n(1) If an Australian lawyer reasonably expects that the lawyer’s name\nwill be removed from an interstate roll or that foreign regulatory\naction will be taken against the lawyer, the lawyer may apply to the\nSupreme Court for either or both of the following orders:\n(a) an order that the lawyer’s name not be removed from the local\nroll under section 94 (Peremptory removal of local lawyer’s\nname from local roll following removal in another jurisdiction)\nor section 96 (Show-cause procedure for removal of lawyer’s\nname from local roll following foreign regulatory action);\n(b) an order that the lawyer’s local practising certificate not be\ncancelled under section 95 (Peremptory cancellation of local\npractising certificate following removal of name from interstate\nroll).\n(2) The Supreme Court may make an order if satisfied that—\n(a) the lawyer’s name is likely to be removed from the interstate\nroll; and\n(b) the reason for its removal from the interstate roll will not involve\ndisciplinary action or the possibility of disciplinary action.\n(3) An order under this section may be made subject to any conditions\nthe Supreme Court considers appropriate and remains in force for the\nperiod stated in it.\n(4) The Supreme Court may revoke an order made under this section, and\neither or both of section 94 and section 95 (as relevant) then apply as\nif the lawyer’s name were removed from the interstate roll when the\nrevocation takes effect.\n(5) This section does not affect action being taken in relation to the\nlawyer under other provisions of this Act.\n\n","sortOrder":95},{"sectionNumber":"98","sectionType":"section","heading":"Local authority may give information to other local","content":"98 Local authority may give information to other local\nauthorities\nAn ACT authority that receives information from an authority of\nanother jurisdiction under provisions of a corresponding law that\ncorrespond to this part may give the information to other ACT\nauthorities that have functions under this Act.\n\nPreliminary—pt 2.6 Division 2.6.1\nPart 2.6 Incorporated legal practices and\nDivision 2.6.1 Preliminary—pt 2.6\n99 Definitions—pt 2.6\nlegal practitioner director, of an incorporated legal practice, means a\ndirector of the legal practice who is an Australian legal practitioner\nholding an unrestricted practising certificate.\nlegal practitioner partner, of a multidisciplinary partnership, means\na partner of the partnership who is an Australian legal practitioner\nholding an unrestricted practising certificate.\n(2) In this part:\ncorporation means—\n(a) a company within the meaning of the Corporations Act; or\n(b) any other corporation prescribed by regulation.\ndirector—\n(a) of a company within the meaning of the Corporations Act—\nmeans a director as defined in that Act, section 9; or\n(b) of any other corporation prescribed by regulation—means a\nperson prescribed by regulation.\nofficer—\n(a) of a company within the meaning of the Corporations Act—\nmeans an officer as defined in that Act, section 9; or\n(b) of any other corporation prescribed by regulation—means a\nperson prescribed by regulation.\n\nprofessional obligations, of an Australian legal practitioner,\ninclude—\n(a) duties to the Supreme Court; and\n(b) obligations in relation to conflicts of interest; and\n(c) duties to clients, including disclosure; and\n(d) ethical rules required to be observed by the practitioner.\n","sortOrder":96},{"sectionNumber":"100","sectionType":"section","heading":"Purposes—pt 2.6","content":"100 Purposes—pt 2.6\nThe purposes of this part are—\n(a) to regulate the provision of legal services by corporations in the\nACT; and\n(b) to regulate the provision of legal services in the ACT in\nconjunction with the provision of other services (whether by a\ncorporation or people acting in partnership with each other).\n","sortOrder":97},{"sectionNumber":"101","sectionType":"section","heading":"Nature of incorporated legal practice","content":"101 Nature of incorporated legal practice\n(1) An incorporated legal practice is a corporation that engages in legal\npractice in the ACT, whether or not it also provides services that are\nnot legal services.\n(2) However, a corporation is not an incorporated legal practice if—\n(a) the corporation does not receive any fee, gain or reward for the\nlegal services it provides; or\n\n(b) the only legal services that the corporation provides are any or\nall of the following services:\n(i) in-house legal services, namely, legal services provided to\nthe corporation in relation to a proceeding or transaction to\nwhich the corporation (or a related body corporate) is a\nparty;\n(ii) services that are not legally required to be provided by an\nAustralian legal practitioner and that are provided by an\nofficer or employee who is not an Australian legal\n(c) the corporation is a complying community legal centre; or\n(d) the corporation is a trustee company under the Trustee\nCompanies Act 1947; or\n(e) the corporation is the public trustee and guardian; or\n(f) this part or a regulation provides that the corporation is not an\n(3) A regulation may make provision in relation to the application (with\nor without prescribed changes) of provisions of this Act to\ncorporations that are not incorporated legal practices because of the\noperation of subsection (2).\n(4) This part does not affect or apply to the provision by an incorporated\nlegal practice of legal services in 1 or more other jurisdictions.\n\n","sortOrder":98},{"sectionNumber":"102","sectionType":"section","heading":"Nonlegal services and businesses of incorporated legal","content":"102 Nonlegal services and businesses of incorporated legal\n(1) An incorporated legal practice may provide any service and conduct\nany business that the corporation may lawfully provide or conduct,\nexcept as provided by this section.\n(2) An incorporated legal practice (or a related body corporate) must not\nconduct a managed investment scheme.\n(3) A regulation may prohibit an incorporated legal practice (or a related\nbody corporate) from providing a prescribed service or conducting a\nprescribed business.\n","sortOrder":99},{"sectionNumber":"103","sectionType":"section","heading":"Corporations eligible to be incorporated legal practices","content":"103 Corporations eligible to be incorporated legal practices\n(1) Any corporation is, subject to this part, eligible to be an incorporated\n(2) This section does not authorise a corporation to provide legal services\nif the corporation is prohibited from doing so by any Act or law\n(whether of the Territory, the Commonwealth or any other\njurisdiction) under which it is incorporated or its affairs are regulated.\n(3) An incorporated legal practice is not itself required to hold an\nAustralian practising certificate.\n","sortOrder":100},{"sectionNumber":"104","sectionType":"section","heading":"Notice of intention of corporation to start providing legal","content":"104 Notice of intention of corporation to start providing legal\nservices\n(1) Before a corporation starts to engage in legal practice in the ACT, the\ncorporation must give the law society council written notice of its\nintention to engage in legal practice in the ACT.\n(2) A corporation commits an offence if—\n(a) it engages in legal practice in the ACT; and\n(b) it is in default of this section under subsection (3).\n\n(3) A corporation that fails to comply with subsection (1) is in default of\nthis section until it gives the law society council written notice of the\nfailure to comply with that subsection and the fact that it has started\nto engage in legal practice.\n(4) The giving of a notice under subsection (3) does not affect a\ncorporation’s liability under subsection (1) or (2).\n(5) A corporation is not entitled to recover any amount for anything the\ncorporation did in contravention of subsection (2).\n(6) A person may recover from a corporation, as a debt owing to the\nperson, any amount the person paid to or at the direction of the\ncorporation for anything the corporation did in contravention of\n(7) An offence against subsection (2) is a strict liability offence.\n(8) This section does not apply to a corporation that is not an incorporated\nlegal practice because of section 101 (2) (a), (b) or (d) (Nature of\nincorporated legal practice).\n","sortOrder":101},{"sectionNumber":"105","sectionType":"section","heading":"Prohibition on representations that corporation is","content":"105 Prohibition on representations that corporation is\nincorporated legal practice etc\n(1) A corporation commits an offence if—\n(a) the corporation represents or advertises that the corporation is\nan incorporated legal practice in the ACT; and\n(b) the corporation has not given notice under section 104 (1)\n(Notice of intention of corporation to start providing legal\nservices).\n(2) An offence against subsection (1) is a strict liability offence.\n\n(3) A person commits an offence if—\n(a) the person is a director, officer, employee or agent of a\ncorporation; and\n(b) the person represents or advertises that the corporation is an\nincorporated legal practice in the ACT; and\n(c) the corporation has not given notice under section 104 (1).\n(4) Subsection (3) does not apply if the person has a reasonable excuse.\n(5) A reference in this section to—\n(a) a corporation representing or advertising that the corporation is\nan incorporated legal practice; or\n(b) a person representing or advertising that a corporation is an\nincorporated legal practice;\nincludes a reference to the corporation or person doing anything that\nstates or implies that the corporation is entitled to engage in legal\n","sortOrder":102},{"sectionNumber":"106","sectionType":"section","heading":"Notice of corporation ceasing to engage in legal practice","content":"106 Notice of corporation ceasing to engage in legal practice\netc\n(1) A corporation commits an offence if—\n(a) the corporation ceases to engage in legal practice in the ACT as\nan incorporated legal practice; and\n(b) the corporation fails to give the law society council written\nnotice of that fact within the period prescribed by regulation\nafter the day it ceases to engage in legal practice in the ACT as\n(2) An offence against this section is a strict liability offence.\n\n(3) A regulation may make provision in relation to deciding whether and\nwhen a corporation ceases to engage in legal practice in the ACT as\n","sortOrder":103},{"sectionNumber":"107","sectionType":"section","heading":"Incorporated legal practice must have legal practitioner","content":"107 Incorporated legal practice must have legal practitioner\ndirector etc\n(1) An incorporated legal practice must have at least 1 legal practitioner\ndirector.\n(2) Each legal practitioner director of an incorporated legal practice is,\nfor this Act only, responsible for the management of the legal services\nprovided in the ACT by the incorporated legal practice.\n(3) Each legal practitioner director of an incorporated legal practice must\nensure that appropriate management systems are implemented and\nmaintained to enable the provision of legal services by the\nincorporated legal practice—\n(a) in accordance with the professional obligations of Australian\nlegal practitioners and other obligations imposed under this Act;\nand\n(b) so that those obligations of Australian legal practitioners who\nare officers or employees of the practice are not affected by other\nofficers or employees of the practice.\n(4) If it ought reasonably to be apparent to a legal practitioner director of\nan incorporated legal practice that the provision of legal services by\nthe practice will result in breaches of the professional obligations of\nAustralian legal practitioners or other obligations imposed under this\nAct, the director must take all reasonable action available to the\ndirector to ensure that—\n(a) the breaches do not happen; and\n(b) appropriate remedial action is taken in relation to breaches that\ndo happen.\n\n(5) This part does not affect the obligations or liabilities of a director of\nan incorporated legal practice under any other law.\n(6) The reference in subsection (1) to a legal practitioner director does\nnot include a reference to a person who is not validly appointed as a\ndirector, but this subsection does not affect the meaning of the term\nlegal practitioner director in other provisions of this Act.\n","sortOrder":104},{"sectionNumber":"108","sectionType":"section","heading":"Obligations of legal practitioner director relating to","content":"108 Obligations of legal practitioner director relating to\nmisconduct—incorporated legal practices\n(1) Each of the following can be unsatisfactory professional conduct or\nprofessional misconduct by a legal practitioner director:\n(a) unsatisfactory professional conduct or professional misconduct\nof an Australian legal practitioner employed by the incorporated\nlegal practice;\n(b) conduct of any other director (other than an Australian legal\npractitioner) of the incorporated legal practice that adversely\naffects the provision of legal services by the practice;\n(c) the unsuitability of any other director (other than an Australian\nlegal practitioner) of the incorporated legal practice to be a\ndirector of a corporation that provides legal services.\n(2) A legal practitioner director is not guilty of unsatisfactory\nprofessional conduct or professional misconduct under subsection (1)\nif the director establishes that the director took all reasonable steps to\nensure that—\n(a) Australian legal practitioners employed by the incorporated\nlegal practice did not engage in conduct or misconduct\nmentioned in subsection (1) (a); or\n(b) any other directors (other than Australian legal practitioners) of\nthe incorporated legal practice did not engage in conduct\nmentioned in subsection (1) (b); or\n\n(c) unsuitable directors (other than Australian legal practitioners) of\nthe incorporated legal practice were not appointed or holding\noffice as mentioned in subsection (1) (c).\n(3) A legal practitioner director of an incorporated legal practice must\nensure that all reasonable action available to the legal practitioner\ndirector is taken to deal with any unsatisfactory professional conduct\nor professional misconduct of an Australian legal practitioner\nemployed by the practice.\n","sortOrder":105},{"sectionNumber":"109","sectionType":"section","heading":"Incorporated legal practice without legal practitioner","content":"109 Incorporated legal practice without legal practitioner\ndirector\n(1) An incorporated legal practice commits an offence if—\n(a) it ceases to have any legal practitioner directors; and\n(b) it fails to tell the law society council as soon as possible, but no\nlater than 7 days after the day it ceases to have any legal\npractitioner directors.\n(2) An incorporated legal practice commits an offence if it does not have\nany legal practitioner directors for a period of longer than 7 days.\n(3) Subsection (2) does not apply to an incorporated legal practice during\nany period during which a person holds an appointment under this\nsection in relation to the practice.\n(4) An incorporated legal practice commits an offence if it provides legal\nservices in the ACT during any period when, under subsection (5), it\nis in default of the director requirements under this section.\n\n(5) An incorporated legal practice that does not have any legal\npractitioner directors for a period of longer than 7 days is taken to be\nin default of director requirements under this section for the period\nfrom the end of the 7-day period until—\n(a) it has at least 1 legal practitioner director; or\n(b) a person is appointed under this section or a corresponding law\nin relation to the practice.\n(6) The law society council may appoint an Australian legal practitioner\nwho is an employee of the incorporated legal practice or someone else\nchosen by the council, in the absence of a legal practitioner director,\nto exercise the functions of a legal practitioner director under this part.\n(7) An Australian legal practitioner is not eligible to be appointed under\nthis section unless the practitioner holds an unrestricted practising\n(8) The appointment under this section of a person to exercise functions\nof a legal practitioner director does not, for any other purpose, give\nthe person any of the other functions of a director of the incorporated\n(9) A reference in this section to a legal practitioner director does not\ninclude a reference to a person who is not validly appointed as a\ndirector, but this subsection does not affect the meaning of the term\nlegal practitioner director in other provisions of this Act.\n","sortOrder":106},{"sectionNumber":"110","sectionType":"section","heading":"Obligations and privileges of practitioners who are","content":"110 Obligations and privileges of practitioners who are\nofficers or employees of incorporated legal practices\n(1) An Australian legal practitioner who provides legal services on behalf\nof an incorporated legal practice in the capacity of an officer or\nemployee of the practice—\n(a) is not excused from complying with professional obligations as\nan Australian legal practitioner, or any obligations as an\nAustralian legal practitioner under any law; and\n\n(b) does not lose the professional privileges of an Australian legal\n(2) For subsection (1) only, the professional obligations and professional\nprivileges of a practitioner apply—\n(a) if there are 2 or more legal practitioner directors of an\nincorporated legal practice—as if the practice were a partnership\nof the legal practitioner directors and the employees of the\npractice were employees of the legal practitioner directors; or\n(b) if there is only 1 legal practitioner director of an incorporated\nlegal practice—as if the practice were a sole practitioner and the\nemployees of the practice were employees of the legal\npractitioner director.\n(3) The law relating to client legal privilege (or other legal professional\nprivilege) is not excluded or otherwise affected because an Australian\nlegal practitioner is acting in the capacity of an officer or employee\nof an incorporated legal practice.\n(4) The directors of an incorporated legal practice do not breach their\nduties as directors only because legal services are provided pro bono\nby an Australian legal practitioner employed by the practice.\n","sortOrder":107},{"sectionNumber":"111","sectionType":"section","heading":"Professional indemnity insurance—incorporated legal","content":"111 Professional indemnity insurance—incorporated legal\n(1) An incorporated legal practice, and each insurable solicitor who is a\nlegal practitioner director or an officer or employee of the practice,\nmust comply with the obligations of an insurable solicitor under\npart 3.3 (Professional indemnity insurance) in relation to insurance\npolicies and payments to or on account of an approved indemnity\n\n(2) A solicitor who is an interstate legal practitioner and a legal\npractitioner director or an officer or employee of an incorporated\nlegal practice, and who would be an insurable solicitor if the solicitor\nwere a local practitioner, must be covered by professional indemnity\ninsurance that—\n(a) covers legal practice in the ACT; and\n(b) is for at least the relevant amount inclusive of any legal costs\narising from claims under the insurance; and\n(c) has been approved under, or complies with, any requirement of\na corresponding law for the interstate practising certificate held\nby the practitioner.\n(3) If subsection (1) or (2) is not complied with, the law society council\nmay—\n(a) for a legal practitioner director who holds a local practising\ncertificate—suspend the director’s practising certificate while\nthe failure continues; or\n(b) for a legal practitioner director who is an interstate legal\n(i) suspend the director’s entitlement under part 2.4 (Legal\npractice by Australian legal practitioners) to practise in the\nACT while the failure to comply continues; and\n(ii) ask the corresponding authority in the practitioner’s home\njurisdiction to suspend the director’s interstate practising\ncertificate until the law society council tells the\ncorresponding authority that this section has been\ncomplied with.\n(4) The insurance premiums or other amounts payable under part 3.3\n(Professional indemnity insurance) by an incorporated legal practice\nmay be decided by reference to the total number of solicitors\nemployed by the practice and any other relevant matter.\n\n(5) The law society council may, with the Attorney-General’s approval,\ndecide that an amount is payable from an approved indemnity fund\nfor the liability of an incorporated legal practice, and of the solicitors\nwho are officers and employees of the practice, in relation to the\nprovision of legal services.\n(6) The law society council may exempt an incorporated legal practice\nfrom this section on the grounds the council considers sufficient.\napproved indemnity fund means an indemnity fund approved by the\nlaw society council under section 315 (Approval of indemnity fund)\nin relation to an Australian legal practitioner who is a solicitor.\ninsurable solicitor—see section 308.\n(a) if an amount is prescribed by regulation for section 72\n(Professional indemnity insurance—interstate legal\npractitioners)—that amount; or\n","sortOrder":108},{"sectionNumber":"112","sectionType":"section","heading":"Conflicts of interest—incorporated legal practices","content":"112 Conflicts of interest—incorporated legal practices\n(1) For the application of this Act or any other territory law relating to\nconflicts of interest to the conduct of an Australian legal practitioner\n(a) a legal practitioner director of an incorporated legal practice; or\n(b) an officer or employee of an incorporated legal practice;\nthe interests of the practice or any related body corporate are also\ntaken to be those of the practitioner (in addition to any interests that\nthe practitioner has apart from this subsection).\n\n(2) The legal profession rules may make provision in relation to\nadditional duties and obligations in relation to conflicts of interest\narising out of the conduct of an incorporated legal practice.\nNote Under s 110 (Obligations and privileges of practitioners who are officers\nor employees of incorporated legal practices), an Australian legal\npractitioner who is an officer or employee of an incorporated legal\npractice must comply with the same professional obligations as other\n","sortOrder":109},{"sectionNumber":"113","sectionType":"section","heading":"Disclosure obligations—incorporated legal practices","content":"113 Disclosure obligations—incorporated legal practices\n(1) A person (the legal practitioner) commits an offence if—\n(a) someone else (the client) engages an incorporated legal practice\nto provide services (the required services) that the client might\nreasonably assume to be legal services; and\n(b) the practice provides services other than legal services in the\nACT; and\n(c) the legal practitioner is—\n(i) a legal practitioner director of the practice; or\n(ii) an employee of the practice who is an Australian legal\npractitioner and provides the required services on behalf of\nthe practice; and\n(d) the legal practitioner fails to ensure that a disclosure, complying\nwith the requirements of this section, is made to the client in\nrelation to the provision of the required services.\n(2) The disclosure must be made by giving the client a written notice—\n(a) setting out the services to be provided; and\n\n(b) stating whether or not all the legal services to be provided will\nbe provided by an Australian legal practitioner; and\n(c) if some or all of the legal services to be provided will not be\nprovided by an Australian legal practitioner—identifying those\nservices and indicating the status or qualifications of the people\nwho will provide the services; and\n(d) stating that this Act applies to the provision of legal services but\nnot to the provision of the nonlegal services.\n(3) A regulation may make provision in relation to the following matters:\n(a) how a disclosure must be made;\n(b) additional matters required to be disclosed in relation to the\nprovision of legal services or nonlegal services by an\n(4) The additional matters may include the kind of services provided by\nthe incorporated legal practice and whether the services are or are not\ncovered by the insurance or other provisions of this Act.\n(5) A disclosure under this section to a person about the provision of legal\nservices may relate to the provision of legal services once, more than\nonce or on an ongoing basis.\n","sortOrder":110},{"sectionNumber":"114","sectionType":"section","heading":"Effect of nondisclosure on provision of certain services","content":"114 Effect of nondisclosure on provision of certain services\nby incorporated legal practice\n(a) section 113 applies in relation to a service that is provided to a\nperson who has engaged an incorporated legal practice to\nprovide the service and that the person might reasonably assume\nto be a legal service; and\n(b) a disclosure has not been made under that section in relation to\nthe service.\n\n(2) The standard of care owed by the incorporated legal practice in\nrelation to the service is the standard that would apply if the service\nhad been provided by an Australian legal practitioner.\n","sortOrder":111},{"sectionNumber":"115","sectionType":"section","heading":"Application of legal profession rules to incorporated legal","content":"115 Application of legal profession rules to incorporated legal\nThe legal profession rules, so far as they apply to Australian legal\npractitioners, also apply, with necessary changes, to Australian legal\npractitioners who are officers or employees of an incorporated legal\npractice, unless the rules otherwise provide.\n","sortOrder":112},{"sectionNumber":"116","sectionType":"section","heading":"Advertising requirements—incorporated legal practices","content":"116 Advertising requirements—incorporated legal practices\n(1) Any restriction imposed under this Act or any other Act in relation to\nadvertising by Australian legal practitioners applies, with necessary\nchanges, to advertising by an incorporated legal practice in relation\nto the provision of legal services.\n(2) If a restriction mentioned in subsection (1) is limited to a particular\nbranch of the legal profession or for people who practise in a\nparticular style of legal practice, the restriction applies only to the\nextent that the incorporated legal practice carries on business in that\nbranch of the legal profession or in that style of legal practice.\n(3) Any advertisement of the kind mentioned in this section is, for the\npurposes of disciplinary proceedings taken against an Australian legal\npractitioner, taken to have been authorised by each legal practitioner\ndirector of the incorporated legal practice.\n(4) This section does not apply if the provision by which the restriction\nis imposed expressly excludes its application to incorporated legal\npractices.\n\n","sortOrder":113},{"sectionNumber":"117","sectionType":"section","heading":"Extension of vicarious liability relating to failure to","content":"117 Extension of vicarious liability relating to failure to\naccount and dishonesty to incorporated legal practices\netc\n(1) This section applies to a civil proceeding based on the vicarious\nliability of an incorporated legal practice if—\n(a) the proceeding relates to a failure to account for, pay or deliver\nmoney or property that was—\n(i) received by, or entrusted to, the practice (or to any officer\nor employee of the practice) in the course of the provision\nof legal services by the practice; and\n(ii) under the direct or indirect control of the practice; or\n(b) the proceeding is for any other debt owed, or damages payable,\nto a client because of a dishonest act or omission by an\nAustralian legal practitioner who is an employee of the practice\nin relation to the provision of legal services to the client.\n(2) If the incorporated legal practice would not (apart from this section)\nbe vicariously liable for any acts or omissions of its officers and\nemployees in the proceeding, but would be liable for the acts or\nomissions if the practice and the officers and employees were\ncarrying on business in partnership, the practice is taken to be\nvicariously liable for the acts or omissions.\n","sortOrder":114},{"sectionNumber":"118","sectionType":"section","heading":"Sharing of receipts, revenue or other income—","content":"118 Sharing of receipts, revenue or other income—\n(1) This Act does not prevent an Australian legal practitioner from\nsharing with an incorporated legal practice receipts, revenue or other\nincome arising from the provision of legal services by the\n\n(2) This section does not extend to the sharing of receipts, revenue or\nother income in contravention of section 119, and has effect subject\nto section 49 (Barristers—restrictions on engaging in legal practice\netc).\n","sortOrder":115},{"sectionNumber":"119","sectionType":"section","heading":"Disqualified people—incorporated legal practices","content":"119 Disqualified people—incorporated legal practices\n(1) An incorporated legal practice commits an offence if a disqualified\nperson—\n(a) is an officer or employee of the incorporated legal practice\n(whether or not the person provides legal services) or is an\nofficer or employee of a related body corporate; or\n(b) is a partner of the incorporated legal practice in a business that\nincludes the provision of legal services; or\n(c) shares the receipts, revenue or other income arising from the\nprovision of legal services by the incorporated legal practice; or\n(d) is engaged or paid in relation to the provision of legal services\nby the incorporated legal practice.\n(2) The failure of a legal practitioner director of an incorporated legal\npractice to ensure that the practice complies with subsection (1) can\n","sortOrder":116},{"sectionNumber":"120","sectionType":"section","heading":"Audit of incorporated legal practices","content":"120 Audit of incorporated legal practices\n(1) The law society council may conduct an audit of—\n(a) the compliance of an incorporated legal practice (and of its\nofficers and employees) with the requirements of—\n(i) this part; or\n(ii) a regulation or the legal profession rules, so far as they\nrelate specifically to incorporated legal practices; and\n\n(b) the management of the provision of legal services by the\nincorporated legal practice (including the supervision of officers\nand employees providing the services).\nNote Section 107 (3) (Incorporated legal practice must have legal\npractitioner director etc) requires legal practitioner directors to\nensure that appropriate management systems are implemented and\nmaintained.\n(2) The law society council may appoint a suitably qualified person to\nconduct the audit.\nnominating the occupant of a position (see s 207).\n(3) The appointment may be made generally or in relation to a particular\nincorporated legal practice or a particular audit.\n(4) An audit may be conducted whether or not a complaint has been made\nagainst an Australian lawyer in relation to the provision of legal\nservices by the incorporated legal practice.\n(5) A report of an audit of the incorporated legal practice—\n(a) must be given to the practice; and\n(b) may be given by the law society council to a corresponding\nauthority; and\n(c) may be taken into account in relation to any disciplinary\nproceeding taken against a legal practitioner director or someone\nelse or in relation to the grant, amendment, suspension or\ncancellation of Australian practising certificates.\n121 Application of ch 6 to div 2.6.2 audits\nChapter 6 (Investigations) applies to an audit under this division.\n\n122 Banning of incorporated legal practices\n(1) On the application of the law society council, the Supreme Court may\nmake an order disqualifying a corporation from providing legal\nservices in the ACT for the period the court considers appropriate if\n(a) a ground for disqualifying the corporation under this section has\nbeen established; and\n(b) the disqualification is justified.\n(2) An order under this section in relation to a corporation may be\nmade—\n(a) subject to conditions about the conduct of the corporation; or\n(b) subject to conditions about when or in what circumstances the\norder is to take effect; or\n(c) together with orders to safeguard the interests of clients or\nemployees of the corporation.\n(3) Action may be taken against an incorporated legal practice on any of\nthe following grounds:\n(a) that a legal practitioner director or an Australian legal\npractitioner who is an officer or employee of the practice has\nbeen found guilty of professional misconduct under an ACT law\nor a law of another jurisdiction;\n(b) that the law society council is satisfied, after conducting an audit\nof the practice, that the practice has failed to implement\nsatisfactory management and supervision of its provision of\nlegal services;\n(c) that the practice (or a related body corporate) has contravened\nsection 102 (Nonlegal services and businesses of incorporated\nlegal practices);\n\n(d) that the practice has contravened section 119 (Disqualified\npeople—incorporated legal practices);\n(e) that a person who is an officer of the practice, and who is the\nsubject of an order under any of the following provisions, is\nacting in the management of the practice:\n(i) section 123 (Disqualification from managing incorporated\nlegal practice) or a provision of a corresponding law that\ncorresponds to that section;\n(ii) section 148 (Prohibition on multidisciplinary partnerships\nwith certain partners who are not Australian legal\npractitioners) or a provision of a corresponding law that\ncorresponds to that section.\n(4) If a corporation is disqualified under this section, the law society\ncouncil that applied for the order must tell the regulator of every other\n(5) If a corporation is disqualified from providing legal services in\nanother jurisdiction under a corresponding law, the law society\ncouncil may decide that the corporation is taken to be disqualified\nfrom providing legal services in the ACT for the same period.\n(6) However, subsection (5) does not prevent the law society council\nfrom instead applying for an order under this section.\n(7) A corporation commits an offence if it provides legal services in\ncontravention of an order under this section.\n(8) A corporation that is disqualified under this section stops being an\n\n(9) Conduct of an Australian legal practitioner who provides legal\nservices on behalf of a corporation in the capacity of an officer or\nemployee of the corporation can be unsatisfactory professional\nconduct or professional misconduct if the practitioner ought\nreasonably to have known that the corporation is disqualified under\n(10) A regulation may make provision in relation to the publication and\nnotification of orders made under this section, including notification\nof appropriate authorities of other jurisdictions.\nregulator, of another jurisdiction, means the entity that is the\nregulator of the jurisdiction under the corresponding law of the\njurisdiction or, if there is no regulator under that law, the entity\ncorresponding to the law society council under the corresponding\nlaw.\n","sortOrder":117},{"sectionNumber":"123","sectionType":"section","heading":"Disqualification from managing incorporated legal","content":"123 Disqualification from managing incorporated legal\n(1) The Supreme Court may, on the application of the law society\ncouncil, make an order disqualifying a person from managing a\ncorporation that is an incorporated legal practice for the period the\ncourt considers appropriate if satisfied that—\n(a) the person is a person who could be disqualified under a relevant\nCorporations Act provision from managing corporations; and\n(b) the disqualification is justified.\n(2) In subsection (1):\nrelevant Corporations Act provision means any of the following\nprovisions of the Corporations Act:\n• section 206C (Court power of disqualification—contravention of\ncivil penalty provision)\n\n• section 206D (Court power of disqualification—insolvency and\nnon-payment of debts)\n• section 206E (Court power of disqualification—repeated\ncontraventions of Act)\n• section 206F (ASIC’s power of disqualification).\n(3) On the application of a person subject to a disqualification order\nunder this section, the Supreme Court may revoke the order.\n(4) A disqualification order made under this section has effect for this\nAct only and does not affect the application or operation of the\nCorporations Act.\n(5) A regulation may make provision in relation to the publication and\nnotification of orders made under this section.\n(6) A person who is disqualified from managing a corporation under\nprovisions of a corresponding law that correspond to this section is\ntaken to be disqualified from managing a corporation under this\n","sortOrder":118},{"sectionNumber":"124","sectionType":"section","heading":"Disclosure of information to Australian Securities and","content":"124 Disclosure of information to Australian Securities and\nInvestments Commission\n(1) This section applies if the law society council, in exercising functions\nunder this Act, acquired information about a corporation that is or was\n(2) The law society council may disclose to the Australian Securities and\nInvestments Commission any information about the corporation that\nis relevant to the commission’s functions.\n(3) Information may be provided under subsection (2) despite any law\nrelating to secrecy or confidentiality, including any provisions of this\nAct.\n\n","sortOrder":119},{"sectionNumber":"125","sectionType":"section","heading":"External administration proceedings under Corporations","content":"125 External administration proceedings under Corporations\nAct\n(1) This section applies to a proceeding in any court under the\nCorporations Act, chapter 5 (External administration)—\n(a) relating to a corporation that is a Chapter 5 body corporate under\nthat Act and is or was an incorporated legal practice; or\n(b) relating to a corporation that is or was an incorporated legal\npractice becoming a Chapter 5 body corporate under that Act.\n(2) The law society council is entitled to intervene in the proceeding,\n(3) In exercising its jurisdiction in the proceeding, the court may have\nregard to the interests of the clients of the corporation who have been\nor are to be provided with legal services by the corporation.\n(4) Subsection (3) does not authorise the court to make any decision that\nis contrary to a specific provision of the Corporations Act.\n(5) The provisions of subsections (2) and (3) are declared to be\nCorporations legislation displacement provisions for the\nCorporations Act, section 5G (Avoiding direct inconsistency arising\nbetween the Corporations legislation and State and Territory laws) in\nrelation to the provisions of that Act, chapter 5.\nNote Subsection (5) ensures that that any provision of the Corporations Act or\nwith which s (2) and (3) would otherwise be inconsistent does not apply\nto the extent necessary to avoid the inconsistency.\n\n","sortOrder":120},{"sectionNumber":"126","sectionType":"section","heading":"External administration proceedings under other","content":"126 External administration proceedings under other\nlegislation\n(1) This section applies to a proceeding for the external administration\n(however expressed) of a corporation that is or was an incorporated\nlegal practice, but does not apply to a proceeding to which section 125\n(External administration proceedings under Corporations Act)\n(2) The law society council is entitled to intervene in the proceeding,\n(3) In exercising its jurisdiction in the proceedings, the court may have\nregard to the interests of the clients of the corporation who have been\nor are to be provided with legal services by the corporation.\n(4) Subsection (3) does not authorise the court to make any decision that\nis contrary to a specific provision of any legislation applying to the\ncorporation.\n","sortOrder":121},{"sectionNumber":"127","sectionType":"section","heading":"Incorporated legal practice subject to receivership under","content":"127 Incorporated legal practice subject to receivership under\nthis Act and external administration under Corporations\nAct\n(1) This section applies if a corporation that is or was an incorporated\nlegal practice is the subject of both—\n(a) the appointment of a chapter 5 receiver; and\n(b) the appointment of a Corporations Act administrator.\n(2) The chapter 5 receiver is under a duty to tell the Corporations Act\nadministrator of the appointment of the chapter 5 receiver, whether\nthe appointment precedes, follows or happens at the same time as the\nappointment of the Corporations Act administrator.\n\n(3) The chapter 5 receiver or the Corporations Act administrator (or both\nof them jointly) may apply to the Supreme Court for the resolution of\nissues arising from or in relation to the dual appointments and their\nrespective powers, except if proceedings mentioned in section 125\n(External administration proceedings under Corporations Act) have\nbeen started.\n(4) The Supreme Court may make any orders it considers appropriate,\nand no liability attaches to the chapter 5 receiver or the Corporations\nAct administrator for any act or omission done by the receiver or\nadministrator honestly for the purpose of carrying out or acting in\naccordance with the orders.\n(5) The law society council is entitled to intervene in the proceeding,\n(6) The provisions of subsections (3) and (4) are declared to be\nCorporations legislation displacement provisions for the\nCorporations Act, section 5G (Avoiding direct inconsistency arising\nbetween the Corporations legislation and State and Territory laws) in\nrelation to the provisions of that Act, chapter 5.\nNote Subsection (6) ensures that that any provision of the Corporations Act or\nwith which s (3) and (4) would otherwise be inconsistent does not apply\nto the extent necessary to avoid the inconsistency.\nchapter 5 receiver means a receiver appointed under chapter 5.\nCorporations Act administrator means—\n(a) a receiver, receiver and manager, liquidator (including a\nprovisional liquidator), controller, administrator or deed\nadministrator appointed under the Corporations Act; or\n(b) a person who is appointed to exercise powers under that Act and\nwho is prescribed by regulation for this definition.\n\n","sortOrder":122},{"sectionNumber":"128","sectionType":"section","heading":"Incorporated legal practice subject to receivership under","content":"128 Incorporated legal practice subject to receivership under\nthis Act and external administration under other\nlegislation\n(1) This section applies if a corporation that is or was an incorporated\nlegal practice is the subject of both—\n(a) the appointment of a chapter 5 receiver; and\n(b) the appointment of an external administrator.\n(2) The chapter 5 receiver is under a duty to tell the external administrator\nof the appointment of the chapter 5 receiver, whether the appointment\nprecedes, follows or happens at the same time as the appointment of\nthe external administrator.\n(3) The chapter 5 receiver or the external administrator (or both of them\njointly) may apply to the Supreme Court for the resolution of issues\narising from or in relation to the dual appointments and their\nrespective powers.\n(4) The Supreme Court may make any orders it considers appropriate,\nand no liability attaches to the chapter 5 receiver or the external\nadministrator for any act or omission done by the receiver or\nadministrator honestly for the purpose of carrying out or acting in\naccordance with the orders.\n(5) The law society council is entitled to intervene in the proceeding,\nchapter 5 receiver means a receiver appointed under chapter 5.\nexternal administrator means a person who is appointed to exercise\npowers under other legislation (whether or not ACT legislation) and\nwho is prescribed by regulation for this definition.\n\n","sortOrder":123},{"sectionNumber":"129","sectionType":"section","heading":"Cooperation between courts—powers under pt 2.6","content":"129 Cooperation between courts—powers under pt 2.6\nAn ACT court may make arrangements for communicating and\ncooperating with other courts or tribunals in relation to the exercise\nof powers under this part.\n","sortOrder":124},{"sectionNumber":"130","sectionType":"section","heading":"Relationship of Act to constitution of incorporated legal","content":"130 Relationship of Act to constitution of incorporated legal\nThe provisions of this Act that apply to a corporation that is or was\nan incorporated legal practice prevail, to the extent of any\ninconsistency, over the constitution or other constituent documents of\nthe corporation.\n","sortOrder":125},{"sectionNumber":"131","sectionType":"section","heading":"Relationship of Act to legislation establishing","content":"131 Relationship of Act to legislation establishing\n(1) This section applies to a corporation that is established under a law\n(whether or not ACT legislation) and is or was an incorporated legal\npractice, but is not a company within the meaning of the Corporations\nAct.\n(2) The provisions of this Act that apply to a corporation that is or was\nan incorporated legal practice prevail, to the extent of any\ninconsistency, over provisions of the legislation under which the\ncorporation is established or regulated that are prescribed by\n\n","sortOrder":126},{"sectionNumber":"132","sectionType":"section","heading":"Relationship of Act to Corporations legislation","content":"132 Relationship of Act to Corporations legislation\n(1) A regulation may declare any provision of this Act that relates to a\ncorporation that is or was an incorporated legal practice to be a\nCorporations legislation displacement provision for the Corporations\nAct, section 5G (Avoiding direct inconsistency arising between the\nCorporations legislation and State and Territory laws).\nNote 1 The declaration of a provision ensures that that any provision of the\nCorporations Act or the Australian Securities and Investment\nCommission Act 2001 (Cwlth) with which the provision would otherwise\nbe inconsistent does not apply to the extent necessary to avoid the\ninconsistency.\nNote 2 This Act is defined in the dictionary.\n(2) A regulation may declare any matter relating to a corporation that is\nor was an incorporated legal practice, and that is prohibited, required,\nauthorised or permitted under this Act, to be an excluded matter for\nthe Corporations Act, section 5F in relation to—\n(a) all of the Corporations legislation; or\n(b) a stated provision of the Corporations legislation; or\n(c) the Corporations legislation other than a stated provision; or\n(d) the Corporations legislation otherwise than to a stated extent.\nmatter includes act, omission, body, person or thing.\n","sortOrder":127},{"sectionNumber":"133","sectionType":"section","heading":"Undue influence—incorporated legal practices","content":"133 Undue influence—incorporated legal practices\n(a) the person causes or induces someone else to contravene this\nAct or the person’s professional obligations as an Australian\nlegal practitioner; and\n\n(b) the other person is—\n(i) a legal practitioner director of an incorporated legal\n(ii) another Australian legal practitioner who provides legal\nservices on behalf of an incorporated legal practice.\n(2) This section applies to the person whether or not the person is an\nofficer or employee of the incorporated legal practice.\n","sortOrder":128},{"sectionNumber":"134","sectionType":"section","heading":"Nature of multidisciplinary partnership","content":"134 Nature of multidisciplinary partnership\n(1) A multidisciplinary partnership is a partnership between 1 or more\nAustralian legal practitioners and 1 or more other people who are not\nAustralian legal practitioners, if the business of the partnership\nincludes the provision of legal services in the ACT as well as other\n(2) However, a partnership consisting only of 1 or more Australian legal\npractitioners and 1 or more Australian-registered foreign lawyers is\nnot a multidisciplinary partnership.\n(3) This part does not affect or apply to the provision by a\nmultidisciplinary partnership of legal services in 1 or more other\njurisdictions.\n","sortOrder":129},{"sectionNumber":"135","sectionType":"section","heading":"Conduct of multidisciplinary partnerships","content":"135 Conduct of multidisciplinary partnerships\n(1) An Australian legal practitioner may be in partnership with a person\nwho is not an Australian legal practitioner, if the business of the\npartnership includes the provision of legal services.\n\n(2) Subsection (1) does not prevent an Australian legal practitioner from\nbeing in partnership with a person who is not an Australian legal\npractitioner, if the business of the partnership does not include the\nprovision of legal services.\n(3) A regulation may prohibit an Australian legal practitioner from being\nin partnership with a person providing a service or conducting a\nbusiness of a prescribed kind, if the business of the partnership\nincludes the provision of legal services.\nNote Contravention of a regulation is a ground for making a prohibition order\nunder section 148 (Prohibition on multidisciplinary partnerships with\ncertain partners who are not Australian legal practitioners).\n","sortOrder":130},{"sectionNumber":"136","sectionType":"section","heading":"Notice of starting practice in multidisciplinary partnership","content":"136 Notice of starting practice in multidisciplinary partnership\n(a) the person is a legal practitioner partner of a multidisciplinary\npartnership; and\n(b) the person starts to provide legal services in the ACT as a\nmember of the partnership; and\n(c) the person has not given written notice to the law society council\nof the person’s intention to start providing the legal services.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":131},{"sectionNumber":"137","sectionType":"section","heading":"General obligations of legal practitioner partners—","content":"137 General obligations of legal practitioner partners—\n(1) Each legal practitioner partner of a multidisciplinary partnership is,\nfor this Act only, responsible for the management of the legal services\nprovided in the ACT by the partnership.\n\n(2) Each legal practitioner partner must ensure that appropriate\nmanagement systems are implemented and maintained to enable the\nprovision of legal services by the multidisciplinary partnership—\n(a) in accordance with the professional obligations of Australian\nlegal practitioners and the other obligations imposed by this Act;\nand\n(b) so that the professional obligations of legal practitioner partners\nand employees who are Australian legal practitioners are not\naffected by other partners and employees of the partnership.\n","sortOrder":132},{"sectionNumber":"138","sectionType":"section","heading":"Obligations of legal practitioner partner relating to","content":"138 Obligations of legal practitioner partner relating to\nmisconduct—multidisciplinary partnerships\n(1) Each of the following can be unsatisfactory professional conduct or\nprofessional misconduct by a legal practitioner partner of a\nmultidisciplinary partnership:\n(a) unsatisfactory professional conduct or professional misconduct\nof an Australian legal practitioner employed by the partnership;\n(b) conduct of any other partner (other than an Australian legal\npractitioner) of the partnership that adversely affects the\nprovision of legal services by the partnership;\n(c) the unsuitability of any other partner (other than an Australian\nlegal practitioner) of the partnership to be a member of a\npartnership that provides legal services.\n(2) A legal practitioner partner of a multidisciplinary partnership must\nensure that all reasonable steps available to the partner is taken to deal\nwith any unsatisfactory professional conduct or professional\nmisconduct of an Australian legal practitioner employed by the\npartnership.\n\n","sortOrder":133},{"sectionNumber":"139","sectionType":"section","heading":"Actions of partner of multidisciplinary partnership who is","content":"139 Actions of partner of multidisciplinary partnership who is\nnot Australian legal practitioner\n(1) Unless a provision of this Act expressly applies to a partner of a\nmultidisciplinary partnership who is not an Australian legal\npractitioner, the partner does not contravene the provision only\nbecause of any of the following:\n(a) the partner is a member of a partnership, if the business of the\npartnership includes the provision of legal services;\n(b) the partner receives any fee, gain or reward for business of the\npartnership that is the business of an Australian legal\npractitioner;\n(c) the partner holds out, advertises or represents themself as a\nmember of a partnership, if the business of the partnership\nincludes the provision of legal services;\n(d) the partner shares with any other partner the receipts of business\nof the partnership that is the business of an Australian legal\n","sortOrder":134},{"sectionNumber":"140","sectionType":"section","heading":"Obligations and privileges of practitioners who are","content":"140 Obligations and privileges of practitioners who are\npartners or employees of multidisciplinary partnership\n(1) An Australian legal practitioner who provides legal services in the\ncapacity of a partner or employee of a multidisciplinary partnership—\n(a) is not excused from complying with professional obligations as\nan Australian legal practitioner, or any other obligations as an\nAustralian legal practitioner under any law; and\n\n(b) does not lose the professional privileges of an Australian legal\n(2) The law relating to client legal privilege (or other legal professional\nprivilege) is not excluded or otherwise affected because an Australian\nlegal practitioner is acting in the capacity of a partner or an employee\nof a multidisciplinary partnership.\n","sortOrder":135},{"sectionNumber":"141","sectionType":"section","heading":"Conflicts of interest—multidisciplinary partnerships","content":"141 Conflicts of interest—multidisciplinary partnerships\n(1) For the application of this Act or any other territory law relating to\nconflicts of interest to the conduct of an Australian legal practitioner\n(a) a legal practitioner partner of a multidisciplinary partnership; or\n(b) an employee of a multidisciplinary partnership;\nthe interests of the partnership or any partner of the partnership are\nalso taken to be interests of the practitioner (in addition to any\ninterests that the practitioner has apart from this subsection).\n(2) The legal profession rules may make provision in relation to\nadditional duties and obligations in relation to conflicts of interest\narising out of the conduct of a multidisciplinary partnership.\nNote Under s 140 (Obligations and privileges of practitioners who are partners\nor employees of multidisciplinary partnerships), an Australian legal\npractitioner who is a partner or employee of a multidisciplinary\npartnership must comply with the same professional obligations as other\n","sortOrder":136},{"sectionNumber":"142","sectionType":"section","heading":"Disclosure obligations—multidisciplinary partnerships","content":"142 Disclosure obligations—multidisciplinary partnerships\n(1) A person (the legal practitioner) commits an offence if—\n(a) someone else (the client) engages a multidisciplinary\npartnership to provide services (the required services) that the\nclient might reasonably assume to be legal services; and\n\n(b) the legal practitioner is—\n(i) a legal practitioner partner of the partnership; or\n(ii) an employee of the partnership who is an Australian legal\npractitioner and provides the required services on behalf of\nthe partnership; and\n(c) the legal practitioner fails to ensure that a disclosure, complying\nwith the requirements of this section, is made to the client in\nrelation to the provision of the required services.\n(2) The disclosure must be made by giving the client a written notice—\n(a) setting out the services to be provided; and\n(b) stating whether or not all the legal services to be provided will\nbe provided by an Australian legal practitioner; and\n(c) if some or all of the legal services to be provided will not be\nprovided by an Australian legal practitioner—identifying those\nservices and indicating the status or qualifications of the people\nwho will provide the services; and\n(d) stating that this Act applies to the provision of legal services but\nnot to the provision of the nonlegal services.\n(3) A regulation may make provision in relation to the following matters:\n(a) how a disclosure must be made;\n(b) additional matters required to be disclosed in relation to the\nprovision of legal services or nonlegal services by a\nmultidisciplinary partnership.\n\n(4) The additional matters may include the kind of services provided by\nthe multidisciplinary partnership and whether or not the services are\ncovered by the insurance or other provisions of this Act.\n(5) A disclosure under this section to a person about the provision of legal\nservices may relate to the provision of legal services once, more than\nonce or on an ongoing basis.\n","sortOrder":137},{"sectionNumber":"143","sectionType":"section","heading":"Effect of nondisclosure on provision of certain services","content":"143 Effect of nondisclosure on provision of certain services\nby multidisciplinary partnership\n(a) section 142 applies in relation to a service that is provided to a\nperson who has engaged a multidisciplinary partnership to\nprovide the service and that the person might reasonably assume\nto be a legal service; and\n(b) a disclosure has not been made under that section in relation to\nthe service.\n(2) The standard of care owed by the multidisciplinary partnership in\nrelation to the service is the standard that would apply if the service\nhad been provided by an Australian legal practitioner.\n","sortOrder":138},{"sectionNumber":"144","sectionType":"section","heading":"Application of legal profession rules to multidisciplinary","content":"144 Application of legal profession rules to multidisciplinary\nThe legal profession rules, so far as they apply to Australian legal\npractitioners, also apply, with necessary changes, to Australian legal\npractitioners who are legal practitioner partners or employees of a\nmultidisciplinary partnership, unless the rules otherwise provide.\n\n","sortOrder":139},{"sectionNumber":"145","sectionType":"section","heading":"Advertising requirements—multidisciplinary partnerships","content":"145 Advertising requirements—multidisciplinary partnerships\n(1) Any restriction imposed under this Act or any other Act in relation to\nadvertising by Australian legal practitioners applies, with necessary\nchanges, to advertising by a multidisciplinary partnership in relation\nto the provision of legal services.\n(2) If a restriction mentioned in subsection (1) is limited to a particular\nbranch of the legal profession or for people who practise in a\nparticular style of legal practice, the restriction applies only to the\nextent that the multidisciplinary partnership carries on the business of\nthe relevant class of Australian legal practitioners.\n(3) An advertisement of the kind mentioned in this section is, for the\npurposes of disciplinary proceedings taken against an Australian legal\npractitioner, taken to have been authorised by each legal practitioner\npartner of the multidisciplinary partnership.\n(4) This section does not apply if the provision by which the restriction\nis imposed expressly excludes its applications to multidisciplinary\npartnerships.\n","sortOrder":140},{"sectionNumber":"146","sectionType":"section","heading":"Sharing of receipts, revenue or other income—","content":"146 Sharing of receipts, revenue or other income—\n(1) This Act does not prevent a legal practitioner partner, or an Australian\nlegal practitioner who is an employee, of a multidisciplinary\npartnership from sharing receipts, revenue or other income arising\nfrom the provision of legal services by the partner or practitioner with\na partner or partners who are not Australian legal practitioners.\n(2) This section does not extend to the sharing of receipts, revenue or\nother income in contravention of section 147, and has effect subject\nto section 49 (Barristers—restrictions on engaging in legal practice\netc).\n\n","sortOrder":141},{"sectionNumber":"147","sectionType":"section","heading":"Disqualified people—multidisciplinary partnerships","content":"147 Disqualified people—multidisciplinary partnerships\nA legal practitioner partner of a multidisciplinary partnership\ncommits an offence if—\n(a) a disqualified person is a partner in the partnership; or\n(b) the partner shares with a disqualified person the receipts,\nrevenue or other income arising from the provision of legal\nservices by the partnership; or\n(c) the partner employs or pays a disqualified person in relation to\nthe provision of legal services by the partnership.\n","sortOrder":142},{"sectionNumber":"148","sectionType":"section","heading":"Prohibition on multidisciplinary partnerships with certain","content":"148 Prohibition on multidisciplinary partnerships with certain\npartners who are not Australian legal practitioners\n(1) This section applies to a person who—\n(a) is not an Australian legal practitioner; and\n(b) is or was a partner of an Australian legal practitioner.\n(2) On application by the law society council, the Supreme Court may\nmake an order prohibiting any Australian legal practitioner from\nbeing a partner, in a business that includes the provision of legal\nservices, of a stated person to whom this section applies if the court\nis satisfied that—\n(a) the person is not a fit and proper person to be a partner; or\n(b) the person has been guilty of conduct that, if the person were an\nAustralian legal practitioner, would have been unsatisfactory\nprofessional conduct or professional misconduct; or\n(c) for a corporation—the corporation has been disqualified from\nproviding legal services in the ACT or there are grounds for\ndisqualifying the corporation from providing legal services in\n\n(3) An order made under this section may be revoked by the Supreme\nCourt on application by the law society council or the person against\nwhom the order was made.\n(4) The death of an Australian legal practitioner does not prevent an\napplication being made for, or the making of, an order under this\nsection in relation to a person who was a partner of the practitioner.\n(5) A regulation may make provision in relation to the publication and\nnotification of orders made under this section.\n","sortOrder":143},{"sectionNumber":"149","sectionType":"section","heading":"Undue influence—multidisciplinary partnerships","content":"149 Undue influence—multidisciplinary partnerships\n(a) the person causes or induces someone else to contravene this\nAct or the person’s obligations as an Australian legal\n(b) the other person is—\n(i) a legal practitioner partner of a multidisciplinary\npartnership; or\n(ii) another Australian legal practitioner who is an employee\nof a multidisciplinary partnership and provides legal\n(2) This section applies to the person whether or not the person is a\npartner or employee of the multidisciplinary partnership.\n\n","sortOrder":144},{"sectionNumber":"150","sectionType":"section","heading":"Obligations of individual practitioners not affected by","content":"150 Obligations of individual practitioners not affected by\npt 2.6\nExcept as provided by this part, this part does not affect any\nobligation imposed under this Act or any other Act on—\n(a) a legal practitioner director of an incorporated legal practice, or\nan Australian legal practitioner who is an employee of an\nincorporated legal practice, in the person’s capacity as an\nAustralian legal practitioner; or\n(b) a legal practitioner partner of a multidisciplinary partnership, or\nan Australian legal practitioner who is an employee of a\nmultidisciplinary partnership, in the person’s capacity as an\nAustralian legal practitioner.\n","sortOrder":145},{"sectionNumber":"151","sectionType":"section","heading":"Regulations—pt 2.6","content":"151 Regulations—pt 2.6\n(1) A regulation may make provision in relation to the following matters:\n(a) the legal services provided by incorporated legal practices or\nlegal practitioner partners or employees of multidisciplinary\npartnerships;\n(b) other services provided by incorporated legal practices or legal\npractitioner partners or employees of multidisciplinary\npartnerships in circumstances where a conflict of interest\nrelating to the provision of legal services may arise.\n(2) A regulation prevails over any inconsistent provision of the legal\n\nMiscellaneous—pt 2.6 Division 2.6.4\n(3) A regulation may provide that a breach of a regulation can be\nunsatisfactory professional conduct or professional misconduct—\n(a) for an incorporated legal practice—by a legal practitioner\ndirector of the practice, an Australian legal practitioner\nresponsible for the breach, or both; or\n(b) for a multidisciplinary partnership—by a legal practitioner\npartner of the partnership, an Australian legal practitioner\nresponsible for the breach, or both.\n\n","sortOrder":146},{"sectionNumber":"152","sectionType":"section","heading":"Definitions—pt 2.7","content":"152 Definitions—pt 2.7\nAustralia includes the external territories.\nAustralian law means law of the Commonwealth or of a jurisdiction.\nforeign law means law of a foreign country.\nforeign law practice means a partnership or corporate entity that is\nentitled to engage in legal practice in a foreign country.\nforeign licensing body means an entity in a foreign country having\nthe function, given by the law of the foreign country, of registering\npeople to engage in legal practice in the foreign country.\nlocal registration certificate means a registration certificate given\noverseas-registered foreign lawyer means an individual who is\nproperly registered to engage in legal practice in a foreign country by\nthe foreign licensing body for the country.\npractise foreign law means doing work, or transacting business, in\nthe ACT concerning foreign law, being work or business of a kind\nthat, if it concerned a territory law, would ordinarily be done or\ntransacted by an Australian legal practitioner.\nregistered, if used in relation to a foreign country, means having all\nnecessary licences, approvals, admissions, certificates or other forms\nof authorisation (including practising certificates) required under\nlegislation for engaging in legal practice in the country.\n\n","sortOrder":147},{"sectionNumber":"153","sectionType":"section","heading":"Purpose—pt 2.7","content":"153 Purpose—pt 2.7\nThe purpose of this part is to encourage and facilitate the\ninternationalisation of legal services and the legal services sector by\nproviding a framework for the regulation of the practice of foreign\nlaw in the ACT by foreign lawyers as a recognised aspect of legal\npractice in the ACT.\n","sortOrder":148},{"sectionNumber":"154","sectionType":"section","heading":"Pt 2.7 does not apply to Australian legal practitioners or","content":"154 Pt 2.7 does not apply to Australian legal practitioners or\nforeign lawyers engaged by government\n(1) This part does not apply to an Australian legal practitioner (including\nan Australian legal practitioner who is also an overseas-registered\nforeign lawyer).\n(2) Accordingly, this part does not require or allow an Australian legal\npractitioner (including an Australian legal practitioner who is also an\noverseas-registered foreign lawyer) to be registered as a foreign\nlawyer under this Act to practise foreign law in the ACT.\n(3) This part does not apply to an overseas-registered foreign lawyer who\npractices foreign law in the ACT as a public employee, a member of\nthe Australian Public Service or a member of the defence force.\n","sortOrder":149},{"sectionNumber":"155","sectionType":"section","heading":"Requirement for registration to practice foreign law","content":"155 Requirement for registration to practice foreign law\n(a) the person practises foreign law in the ACT; and\n(b) the person is not—\n(i) an Australian-registered foreign lawyer; or\n(ii) an Australian legal practitioner.\n\n(2) This section does not apply to an overseas-registered foreign lawyer\nwho—\n(i) practises foreign law in the ACT for 1 or more periods that\ndo not in aggregate exceed 90 days in any 12-month\n(ii) is subject to a restriction imposed under the Migration\nAct 1958 (Cwlth) that has the effect of limiting the period\nduring which work may be done, or business transacted, in\nAustralia by the person; and\n(i) does not maintain an office for the purpose of practising\nforeign law in the ACT; or\n(ii) does not become a partner or director of a law practice.\n","sortOrder":150},{"sectionNumber":"156","sectionType":"section","heading":"Entitlement of Australian-registered foreign lawyer to","content":"156 Entitlement of Australian-registered foreign lawyer to\npractise in ACT\nAn Australian-registered foreign lawyer is, subject to this Act,\nentitled to practise foreign law in the ACT.\n","sortOrder":151},{"sectionNumber":"157","sectionType":"section","heading":"Scope of practice of Australian-registered foreign lawyer","content":"157 Scope of practice of Australian-registered foreign lawyer\n(1) An Australian-registered foreign lawyer may provide only the\nfollowing legal services in the ACT:\n(a) doing work, or transacting business, concerning the law of a\nforeign country where the lawyer is registered by the foreign\nlicensing body for the country;\n(b) legal services (including appearances) in relation to arbitration\nproceedings of a kind prescribed by regulation;\n\n(c) legal services (including appearances) in relation to proceedings\nbefore a body (other than a court) in which the body is not\nrequired to apply the rules of evidence and in which knowledge\nof the foreign law of a country mentioned in paragraph (a) is\nessential;\n(d) legal services for conciliation, mediation and other forms of\nconsensual dispute resolution of a kind prescribed by regulation.\n(2) This Act does not authorise an Australian-registered foreign lawyer\nto appear in any court (except on the lawyer’s own behalf) or to\npractise Australian law in the ACT.\n(3) Despite subsection (2), an Australian-registered foreign lawyer may\nadvise on the effect of an Australian law if—\n(a) the giving of advice on Australian law is necessarily incidental\nto the practice of foreign law; and\n(b) the advice is expressly based on advice given on the Australian\nlaw by an Australian legal practitioner who is not an employee\nof the foreign lawyer.\n","sortOrder":152},{"sectionNumber":"158","sectionType":"section","heading":"Form of practice of foreign law","content":"158 Form of practice of foreign law\n(1) An Australian-registered foreign lawyer may (subject to any\nconditions attaching to the foreign lawyer’s registration) practise\nforeign law—\n(a) on the foreign lawyer’s own account; or\n(b) in partnership with 1 or more Australian-registered foreign\nlawyers or 1 or more Australian legal practitioners, or both, in\ncircumstances where, if the Australian-registered foreign lawyer\nwere an Australian legal practitioner, the partnership would be\npermitted under an ACT law; or\n(c) as a director or employee of an incorporated legal practice or a\npartner or employee of a multidisciplinary partnership that is\npermitted by an ACT law; or\n\n(d) as an employee of an Australian legal practitioner or law firm in\ncircumstances where, if the Australian-registered foreign lawyer\nwere an Australian legal practitioner, the employment would be\npermitted under an ACT law; or\n(e) as an employee of an Australian-registered foreign lawyer.\n(2) An affiliation mentioned in subsection (1) (b) to (e) does not entitle\nthe Australian-registered foreign lawyer to practise Australian law in\n","sortOrder":153},{"sectionNumber":"159","sectionType":"section","heading":"Application of Australian professional ethical and","content":"159 Application of Australian professional ethical and\npractice standards to practice of foreign law\n(1) An Australian-registered foreign lawyer must not engage in any\nconduct in practising foreign law that would, if the conduct were\nengaged in by an Australian legal practitioner in practising Australian\nlaw in the ACT, be capable of being professional misconduct or\nunsatisfactory professional conduct.\n(2) Chapter 4 (Complaints and discipline) applies—\n(a) to a person who—\n(i) is an Australian-registered foreign lawyer; or\n(ii) was an Australian-registered foreign lawyer when the\nrelevant conduct allegedly happened, but is no longer an\nAustralian-registered foreign lawyer (in which case\nchapter 4 applies as if the person were an Australian-\nregistered foreign lawyer); and\n(b) as if references in chapter 4 to an Australian legal practitioner\nwere references to a person of that kind.\n(3) A regulation may make provision in relation to the application (with\nor without change) of the provisions of chapter 4 for this section.\n\n(4) Without limiting the matters that may be taken into account in\ndeciding whether a person should be disciplined for a contravention\nof subsection (1), the following matters may be taken into account:\n(a) whether the conduct of the person was consistent with the\nstandard of professional conduct of the legal profession in any\nforeign country where the person is registered;\n(b) whether the person contravened the subsection intentionally or\nwithout reasonable excuse.\n(5) Without limiting any other provision of this section or the orders that\nmay be made under chapter 4 as applied by this section, the following\norders may be made under that chapter as applied by this section:\n(a) an order that a person’s registration under this Act as a foreign\nlawyer be cancelled;\n(b) an order that a person’s registration under a corresponding law\nas a foreign lawyer be cancelled.\n","sortOrder":154},{"sectionNumber":"160","sectionType":"section","heading":"Designation of Australian-registered foreign lawyers","content":"160 Designation of Australian-registered foreign lawyers\n(1) An Australian-registered foreign lawyer may use only the following\ndesignations:\n(a) the lawyer’s own name;\n(b) a title or business name the lawyer is authorised by law to use in\na foreign country where the lawyer is registered by a foreign\nlicensing body;\n(c) subject to this section, the name of a foreign law practice with\nwhich the lawyer is affiliated or associated (whether as a partner,\ndirector, employee or otherwise);\n\n(d) if the lawyer is a principal of any law practice in Australia whose\nprincipals include both 1 or more Australian-registered foreign\nlawyers and 1 or more Australian legal practitioners—a\ndescription of the practice that includes reference to both\nAustralian legal practitioners and Australian-registered foreign\nlawyers (for example, ‘Solicitors and locally-registered foreign\nlawyers’ or ‘Australian solicitors and US attorneys’).\n(2) An Australian-registered foreign lawyer who is a principal of a\nforeign law practice may use the practice’s name in or in relation to\npractising foreign law in the ACT only if—\n(a) the lawyer indicates, on the lawyer’s letterhead or any other\ndocument used in the ACT to identify the lawyer as an overseas-\nregistered foreign lawyer, that the foreign law practice practises\nonly foreign law in the ACT; and\n(b) the lawyer has given the relevant council acceptable evidence\nthat the lawyer is a principal of the foreign law practice.\n(3) An Australian-registered foreign lawyer who is a principal of foreign\nlaw practice may use the name of the practice in accordance with this\nsection whether or not other principals of the practice are Australian-\nregistered foreign lawyers.\n(4) This section does not authorise the use of a name or other designation\nthat contravenes any requirements of an ACT law about the use of\nbusiness names or that is likely to lead to any confusion with the name\nof any established domestic law practice or foreign law practice in the\nACT.\n","sortOrder":155},{"sectionNumber":"161","sectionType":"section","heading":"Letterhead and other identifying documents of","content":"161 Letterhead and other identifying documents of\n(1) An Australian-registered foreign lawyer must indicate, in each public\ndocument distributed by the lawyer in relation to the lawyer’s practice\nof foreign law, the fact that the lawyer is an Australian-registered\nforeign lawyer and is restricted to the practice of foreign law.\n\n(2) Subsection (1) is satisfied if the lawyer includes in the public\ndocument the words—\n(a) ‘registered foreign lawyer’ or ‘registered foreign practitioner’;\nand\n(b) ‘entitled to practise foreign law only’.\n(3) An Australian-registered foreign lawyer may (but need not) include\neither or both of the following on any public document:\n(a) an indication of all foreign countries in which the lawyer is\nregistered to engage in legal practice;\n(b) a description of the lawyer, and any law practice with which the\nlawyer is affiliated or associated, in any of the ways designated\nin section 160.\npublic document includes any business letter, statement of account,\ninvoice, business card, and promotional and advertising material.\n","sortOrder":156},{"sectionNumber":"162","sectionType":"section","heading":"Advertising by Australian-registered foreign lawyers","content":"162 Advertising by Australian-registered foreign lawyers\n(1) An Australian-registered foreign lawyer is required to comply with\nany advertising restrictions imposed by the relevant council or by law\non legal practice engaged in by an Australian legal practitioner that\nare relevant to the practice of law in the ACT.\n(2) Without limiting subsection (1), an Australian-registered foreign\nlawyer must not advertise (or use any description on the lawyer’s\nletterhead or any other document used in the ACT to identify the\nlawyer as a lawyer) in any way that—\n(a) might reasonably be regarded as—\n(i) false, misleading or deceptive; or\n(ii) suggesting that the Australian-registered foreign lawyer is\nan Australian legal practitioner; or\n\n(b) contravenes a regulation.\n","sortOrder":157},{"sectionNumber":"163","sectionType":"section","heading":"Foreign lawyer employing Australian legal practitioner","content":"163 Foreign lawyer employing Australian legal practitioner\n(1) An Australian-registered foreign lawyer may employ 1 or more\nAustralian legal practitioners.\n(2) Employment of an Australian legal practitioner does not entitle an\nAustralian-registered foreign lawyer to practise Australian law in the\nACT.\n(3) An Australian legal practitioner employed by an\nAustralian-registered foreign lawyer may practise foreign law.\n(4) An Australian legal practitioner employed by an\nAustralian-registered foreign lawyer must not—\n(a) provide advice on Australian law to, or for use by, the\nAustralian-registered foreign lawyer; or\n(b) otherwise practise Australian law in the ACT in the course of\nthe employment.\n(5) Subsection (4) does not apply to an Australian legal practitioner\nemployed by a law firm a partner of which is an Australian-registered\nforeign lawyer, if at least 1 other partner is an Australian legal\n(6) Any period of employment of an Australian legal practitioner by an\nAustralian-registered foreign lawyer cannot be used to satisfy a\nrequirement imposed by a condition on a local practising certificate\nto complete a period of supervised legal practice.\n\n","sortOrder":158},{"sectionNumber":"164","sectionType":"section","heading":"Trust money and trust accounts—Australian-registered","content":"164 Trust money and trust accounts—Australian-registered\n(1) The provisions of part 3.1 (Trust money and trust accounts), and any\nother provisions of this Act relating to requirements for trust money\nand trust accounts, apply (subject to this section) to\nAustralian-registered foreign lawyers in the same way as they apply\nto law practices and Australian legal practitioners.\n(2) A regulation may make provision in relation to the application (with\nor without change) of the provisions of this Act relating to trust\nmoney and trust accounts for this section.\n(3) In this section, a reference to money is not limited to a reference to\nmoney in the ACT.\n","sortOrder":159},{"sectionNumber":"165","sectionType":"section","heading":"Professional indemnity insurance—Australian-registered","content":"165 Professional indemnity insurance—Australian-registered\n(1) An Australian-registered foreign lawyer who practises foreign law in\nthe ACT commits an offence if the foreign lawyer fails to comply\nwith subsection (2), (3) or (4).\n(2) The foreign lawyer must be covered by professional indemnity\ninsurance that—\n(a) covers the practice of foreign law in the ACT; and\n(b) is for at least the relevant amount inclusive of any legal costs\narising from claims under the insurance; and\n(c) has been approved under, or complies with, the requirements\nthis Act or a corresponding law for a practising certificate held\nby an Australian legal practitioner in any jurisdiction.\n\n(3) The foreign lawyer must be covered by professional indemnity\ninsurance from a foreign country that—\n(a) covers the practice of foreign law in the ACT; and\n(b) complies with the relevant requirements of a law of the foreign\ncountry or a registration authority of the foreign country; and\n(c) if the insurance is for less than the relevant amount (including\ndefence costs)—provides a disclosure statement to each client\nstating the level of cover.\n(4) If the foreign lawyer does not comply with subsection (2) or (3), the\nlawyer must—\n(a) if the lawyer is covered by professional indemnity insurance—\ngive a disclosure statement to each client stating that the lawyer\nhas professional indemnity insurance but that it does not comply\nwith this Act; or\n(b) if the lawyer is not covered by professional indemnity\ninsurance—give a disclosure statement to each client stating that\nthe lawyer is not covered by professional indemnity insurance.\n(5) A disclosure statement must—\n(a) be in writing; and\n(b) be given before, or as soon as practicable after, the foreign\nlawyer is retained in a matter.\n(6) A disclosure statement given to a person before the foreign lawyer is\nretained in a matter is taken to be given to the person as a client for\nthe purposes of this section.\n(7) A disclosure statement must be given in accordance with, and must\ncomply with, any requirement under regulation.\n\nLocal registration of foreign lawyers generally Division 2.7.3\ndefence costs, in relation to professional indemnity insurance\ncovering an Australian-registered foreign lawyer, means costs (other\nthan the claimant’s costs) payable by an insurer in relation to a claim,\nor notification that may lead to a claim, under the policy of insurance\nheld by the lawyer.\n(a) if an amount is prescribed by regulation for section 72\n(Professional indemnity insurance—interstate legal\npractitioners)—that amount; or\n","sortOrder":160},{"sectionNumber":"166","sectionType":"section","heading":"Fidelity cover—Australian-registered foreign lawyers","content":"166 Fidelity cover—Australian-registered foreign lawyers\nA regulation may provide that provisions of part 3.4 (Fidelity cover)\napply to Australian-registered foreign lawyers (with or without\nchange).\nDivision 2.7.3 Local registration of foreign lawyers\ngenerally\n","sortOrder":161},{"sectionNumber":"167","sectionType":"section","heading":"Local registration of foreign lawyers","content":"167 Local registration of foreign lawyers\nOverseas-registered foreign lawyers may be registered as foreign\nlawyers under this Act.\n","sortOrder":162},{"sectionNumber":"168","sectionType":"section","heading":"Duration of registration—foreign lawyers","content":"168 Duration of registration—foreign lawyers\n(1) Registration as a foreign lawyer granted under this Act is in force\nfrom the day stated in the local registration certificate until the end of\nthe financial year in which it is granted, unless the registration is\nsooner suspended or cancelled.\n\nDivision 2.7.4 Applications for grant or renewal of local registration as foreign lawyer\n(2) Registration as a foreign lawyer renewed under this Act is in force\nuntil the end of the financial year after its previous period of currency,\nunless the registration is sooner suspended or cancelled.\n(3) If an application for the renewal of registration as a foreign lawyer\nhas not been decided by the following 1 July, the registration—\n(a) continues in force on and from that 1 July until the relevant\ncouncil renews or refuses to renew the registration or the holder\nwithdraws the application for renewal, unless the registration is\nsooner suspended or cancelled; and\n(b) if renewed, is taken to have been renewed on and from that\n1 July.\n","sortOrder":163},{"sectionNumber":"169","sectionType":"section","heading":"Locally-registered foreign lawyer not officer of Supreme","content":"169 Locally-registered foreign lawyer not officer of Supreme\nCourt\nA locally-registered foreign lawyer is not an officer of the Supreme\nCourt.\nDivision 2.7.4 Applications for grant or renewal of\nlocal registration as foreign lawyer\n","sortOrder":164},{"sectionNumber":"170","sectionType":"section","heading":"Application for grant or renewal of registration as foreign","content":"170 Application for grant or renewal of registration as foreign\nAn overseas-registered foreign lawyer may apply to the relevant\ncouncil for the grant or renewal of registration as a foreign lawyer\nunder this Act.\n","sortOrder":165},{"sectionNumber":"171","sectionType":"section","heading":"Approved form for grant or renewal application—foreign","content":"171 Approved form for grant or renewal application—foreign\n(1) An application for the grant or renewal of registration as a foreign\nlawyer under this Act must be in the form approved by the relevant\ncouncil under section 587 (an approved form).\n\nApplications for grant or renewal of local registration as foreign lawyer Division 2.7.4\n(2) To remove any doubt, an approved form may require the applicant to\ndisclose—\n(a) matters that may be relevant to or affect the relevant council’s\nconsideration of the application for the grant or renewal of\nregistration; and\n(b) particulars of any offences for which the applicant has been\nafter the commencement of this section.\n(3) An approved form may indicate that convictions of a particular kind\nneed not be disclosed for the purposes of the current application.\n(4) An approved form may indicate that particular kinds of matters or\nparticulars previously disclosed in a particular way need not be\ndisclosed for the purposes of the current application.\n(5) Subsections (2) to (4) have effect despite the Legislation Act,\nsection 255 (6).\n","sortOrder":166},{"sectionNumber":"172","sectionType":"section","heading":"Requirements for applications for grant or renewal of","content":"172 Requirements for applications for grant or renewal of\nregistration—foreign lawyers\n(1) An application for grant of registration as a foreign lawyer must state\nthe applicant’s educational and professional qualifications.\n(2) An application for grant or renewal of registration as a foreign lawyer\nmust—\n(a) state that the applicant is registered to engage in legal practice\nby 1 or more stated foreign registration authorities in 1 or more\nstated foreign countries; and\n(b) state that the applicant is not an Australian legal practitioner;\nand\n\nDivision 2.7.4 Applications for grant or renewal of local registration as foreign lawyer\n(c) state that the applicant is not the subject of disciplinary\nproceedings in Australia or a foreign country (including any\npreliminary investigations or action that might lead to\ndisciplinary proceedings) in the applicant’s capacity as—\n(i) an overseas-registered foreign lawyer; or\n(ii) an Australian-registered foreign lawyer; or\n(iii) an Australian lawyer; and\n(d) state whether the applicant has been convicted of an offence in\nAustralia or a foreign country and, if so, state—\n(i) the nature of the offence; and\n(ii) how long ago the offence was committed; and\n(iii) the applicant’s age when the offence was committed; and\n(e) state that the applicant’s registration is not cancelled or currently\nsuspended in any place because of any disciplinary action in\nAustralia or a foreign country; and\n(f) state—\n(i) that the applicant is not otherwise personally prohibited\nfrom engaging in legal practice in any place or bound by\nany undertaking not to engage in legal practice in any\nplace; and\n(ii) whether or not the applicant is subject to any special\nconditions in engaging in legal practice in any place;\nbecause of any criminal, civil or disciplinary proceeding in\nAustralia or a foreign country; and\n(g) state any special conditions imposed in Australia or a foreign\ncountry as a restriction on legal practice engaged in by the\napplicant or any undertaking given by the applicant restricting\nthe applicant’s practice of law; and\n\nApplications for grant or renewal of local registration as foreign lawyer Division 2.7.4\n(h) give consent to the making of inquiries of, and the exchange of\ninformation with, any foreign registration authorities the\nrelevant council considers appropriate about the applicant’s\nactivities in engaging in legal practice in the places concerned\nor otherwise about matters relevant to the application; and\n(i) state which of section 165 (2), (3) or (4) (Professional indemnity\ninsurance—Australian-registered foreign lawyers) the applicant\nproposes to rely on and be accompanied by supporting proof of\nthe relevant matters; and\n(j) provide the information or be accompanied by the other\ninformation or documents (or both) that is stated in the\napplication form or in material accompanying the application\nform as provided by the relevant council.\n(3) The application must (if the relevant council requires) be\naccompanied by an original instrument, or a copy of an original\ninstrument, from each foreign licensing body stated in the application\n(a) verifies the applicant’s educational and professional\nqualifications; and\n(b) verifies the applicant’s registration by the foreign licensing body\nto engage in legal practice in the foreign country concerned, and\nthe date of registration; and\n(c) describes anything done by the applicant in engaging in legal\npractice in the foreign country of which the foreign licensing\nbody is aware and that, in the body’s opinion, has had or is likely\nto have had an adverse effect on the applicant’s professional\nstanding within the legal profession of that place.\n(4) The applicant must (if the relevant council requires) certify in the\napplication that the accompanying instrument is the original or a\ncomplete and accurate copy of the original.\n\n(5) The relevant council may require the applicant to verify the\nstatements in the application by proof acceptable to the relevant\n(6) If the accompanying instrument is not in English, it must be\naccompanied by a translation in English that is authenticated or\ncertified to the satisfaction of the relevant council.\n(7) This section does not limit the Legislation Act, section 255 (Forms).\nDivision 2.7.5 Grant or renewal of registration as\n","sortOrder":167},{"sectionNumber":"173","sectionType":"section","heading":"Grant or renewal of registration as foreign lawyer","content":"173 Grant or renewal of registration as foreign lawyer\n(1) The relevant council must consider an application that has been made\nfor the grant or renewal of registration as a foreign lawyer and may—\n(a) grant or refuse to grant the registration; or\n(b) renew or refuse to renew the registration.\nNote When granting or renewing registration as a foreign lawyer, the relevant\ncouncil may impose conditions on the registration under s 193\n(Conditions imposed on local registration by relevant council).\n(2) If the relevant council grants or renews registration, the relevant\ncouncil must give the applicant a registration certificate or a notice of\nrenewal.\n(3) A notice of renewal may be in the form of a new registration\ncertificate or any other form the relevant council considers\n(4) The relevant council must give the applicant an information notice if\nthe relevant council—\n(a) refuses to grant or renew registration; or\n\nGrant or renewal of registration as foreign lawyer Division 2.7.5\n(b) imposes a condition on the registration and the applicant does\nnot agree to the condition.\n(5) The relevant council is taken to have refused to grant or renew\nregistration if registration has not been granted at the end of 28 days\nafter the day the application for grant or renewal is made.\n","sortOrder":168},{"sectionNumber":"174","sectionType":"section","heading":"Requirement to grant or renew registration as foreign","content":"174 Requirement to grant or renew registration as foreign\nlawyer if criteria satisfied\n(1) The relevant council must grant an application for registration as a\nforeign lawyer if the relevant council—\n(a) is satisfied the applicant is registered to engage in legal practice\nin 1 or more foreign countries and is not an Australian legal\n(b) considers an effective system exists for regulating engaging in\npractice in 1 or more of the foreign countries; and\n(c) considers the applicant is not, because of any criminal, civil or\ndisciplinary proceeding in any of the foreign countries, subject\nto—\n(i) any special conditions in engaging in legal practice in any\nof the foreign countries that would make it inappropriate to\nregister the person; or\n(ii) any undertakings about engaging in legal practice in any of\nthe foreign countries that would make it inappropriate to\nregister the person; and\n(d) is satisfied the applicant demonstrates an intention to start\npractising foreign law in the ACT within a reasonable period if\nregistration were to be granted;\nunless the relevant council refuses the application under this part.\n\n(2) The relevant council must grant an application for renewal of a\nperson’s registration, unless the relevant council refuses renewal\n(3) Residence or domicile in the ACT is not to be a prerequisite for or a\nfactor in entitlement to the grant or renewal of registration.\n","sortOrder":169},{"sectionNumber":"175","sectionType":"section","heading":"Refusal to grant or renew registration as foreign lawyer","content":"175 Refusal to grant or renew registration as foreign lawyer\n(1) The relevant council may refuse to consider an application for\nregistration as a foreign lawyer if it is not made in accordance with\nthis Act.\n(2) The relevant council may refuse to grant or renew registration as a\nforeign lawyer if—\n(a) the application is not accompanied by, or does not contain, the\ninformation required by this part or a regulation; or\n(b) the applicant has contravened this Act or a corresponding law;\nor\n(c) the applicant has contravened an order of the ACAT or a\ncorresponding disciplinary body, including (for example) an\norder to pay any fine or costs; or\n(d) the applicant has contravened an order of a regulatory authority\nof any jurisdiction to pay any fine or costs; or\n(e) the applicant has failed to comply with a requirement under this\nAct to pay a contribution to, or levy for, the fidelity fund; or\n(f) the applicant has contravened a requirement of or made under\nthis Act about professional indemnity insurance; or\n(g) the applicant has failed to pay any expenses of receivership\npayable under this Act; or\n\nGrant or renewal of registration as foreign lawyer Division 2.7.5\n(h) the applicant’s foreign legal practice is in receivership (however\ndescribed).\n(3) The relevant council may refuse to grant or renew registration if an\nauthority of another jurisdiction has under a corresponding law—\n(a) refused to grant or renew registration for the applicant; or\n(b) suspended or cancelled the applicant’s registration.\n(4) The relevant council may refuse to grant registration if satisfied that\nthe applicant is not a fit and proper person to be registered after\nconsidering—\n(a) the nature of any offence for which the applicant has been\nafter the commencement of this section; and\n(b) how long ago the offence was committed; and\n(c) the person’s age when the offence was committed.\n(5) The relevant council may refuse to renew registration if satisfied that\nthe applicant is not a fit and proper person to continue to be registered\nafter considering—\n(a) the nature of any offence for which the applicant has been\nafter the commencement of this section, other than an offence\ndisclosed in a previous application to the relevant council; and\n(b) how long ago the offence was committed; and\n(c) the person’s age when the offence was committed.\n(6) The relevant council may refuse to grant or renew registration on any\nground on which registration could be suspended or cancelled.\n\n(7) If the relevant council refuses to grant or renew registration, the\nrelevant council must, as soon as practicable, give the applicant an\ninformation notice.\n(8) This section does not affect the operation of division 2.7.7 (Special\npowers in relation to local registration—show-cause events).\n\nDivision 2.7.6 Amendment, suspension or\ncancellation of local registration of\n","sortOrder":170},{"sectionNumber":"176","sectionType":"section","heading":"Application—div 2.7.6","content":"176 Application—div 2.7.6\nThis division does not apply to matters mentioned in division 2.7.7\n(Special powers in relation to local registration—show-cause events).\n","sortOrder":171},{"sectionNumber":"177","sectionType":"section","heading":"Grounds for amending, suspending or cancelling","content":"177 Grounds for amending, suspending or cancelling\n(1) Each of the following is a ground for amending, suspending or\ncancelling a person’s registration as a foreign lawyer:\n(a) the registration was obtained because of incorrect or misleading\ninformation;\n(b) the person fails to comply with a requirement of this part;\n(c) the person fails to comply with a condition imposed on the\nperson’s registration;\n(d) the person becomes the subject of disciplinary proceedings in\nAustralia or a foreign country (including any preliminary\ninvestigations or action that might lead to disciplinary\nproceedings) in the person’s capacity as—\n(i) an overseas-registered foreign lawyer; or\n(ii) an Australian-registered foreign lawyer; or\n(iii) an Australian lawyer;\n(e) the person has been convicted of an offence in Australia or a\nforeign country;\n(f) the person’s registration is cancelled or currently suspended in\nany place because of any disciplinary action in Australia or a\nforeign country;\n\nDivision 2.7.6 Amendment, suspension or cancellation of local registration of foreign\n(g) the person does not meet the requirements of section 165\n(Professional indemnity insurance—Australian-registered\nforeign lawyers);\n(h) the person has become an insolvent under administration;\n(i) another ground the relevant council considers sufficient.\n(2) Subsection (1) does not limit the grounds on which conditions may\nbe imposed on registration as a foreign lawyer under section 193\n(Conditions imposed on local registration by relevant council).\n","sortOrder":172},{"sectionNumber":"178","sectionType":"section","heading":"Amending, suspending or cancelling registration of","content":"178 Amending, suspending or cancelling registration of\n(1) If the relevant council believes a ground exists to amend, suspend or\ncancel a person’s registration by it as a foreign lawyer (the proposed\naction), the relevant council must give the person a notice that—\n(a) states the action proposed and—\n(i) if the proposed action is to amend the registration—states\nthe proposed amendment; and\n(ii) if the proposed action is to suspend the registration—states\nthe proposed suspension period; and\n(b) states the grounds for proposing to take the proposed action; and\n(c) outlines the facts and circumstances that form the basis for the\nrelevant council’s belief; and\n(d) invites the person to make written representations to the relevant\ncouncil, not later than the end of a stated period of not less than\n7 days and not more than 28 days after the day the holder is\ngiven the notice, about why the proposed action should not be\ntaken.\n\n(2) If, after considering all written representations made not later than the\nend of the stated period and, in its discretion, written representations\nmade after the end of the stated period, the relevant council still\nbelieves a ground exists to take the proposed action, the relevant\ncouncil may—\n(a) if the notice under subsection (1) stated the proposed action was\nto amend the registration—amend the registration in the way\nstated or in a less onerous way the relevant council considers\nappropriate because of the representations; or\n(b) if the notice stated the proposed action was to suspend the\nregistration for a stated period—\n(i) suspend the registration for a period no longer than the\nstated period; or\n(ii) amend the registration in a less onerous way the relevant\ncouncil considers appropriate because of the\nrepresentations; or\n(c) if the notice stated the proposed action was to cancel the\nregistration—\n(i) cancel the registration; or\n(ii) suspend the registration for a stated period; or\n(iii) amend the registration in a less onerous way the council\nconsiders appropriate because of the representations.\n(3) If the relevant council decides to amend, suspend or cancel the\nperson’s registration, the relevant council must give the person an\ninformation notice about the decision.\n(4) If the relevant council decides not to amend, suspend or cancel the\nperson’s registration, the relevant council must tell the person in\nwriting about the decision.\n\nDivision 2.7.6 Amendment, suspension or cancellation of local registration of foreign\namend, a person’s registration, means amend the registration under\nsection 193 (Conditions imposed on local registration by relevant\ncouncil) during its currency, otherwise than at the person’s request.\n","sortOrder":173},{"sectionNumber":"179","sectionType":"section","heading":"Operation of amendment, suspension or cancellation of","content":"179 Operation of amendment, suspension or cancellation of\n(1) This section applies if the relevant council decides to amend, suspend\nor cancel a person’s registration under section 178.\n(2) The amendment, suspension or cancellation of the registration takes\neffect on the later of the following:\n(a) the day written notice of the decision is given to the person;\n(b) the day stated in the notice.\n(3) However, if the relevant council amends, suspends or cancels the\nregistration because the person has been convicted of an offence—\n(a) the Supreme Court may, on the person’s application, order that\nthe operation of the amendment, suspension or cancellation of\nthe registration be stayed until—\n(i) the end of the time to appeal against the conviction; and\n(ii) if an appeal is made against the conviction—the appeal is\nfinally decided, lapses or otherwise ends; and\n(b) the amendment, suspension or cancellation does not have effect\nduring any period in relation to which the stay is in force.\n(4) Also, if the registration is amended, suspended or cancelled because\nthe person has been convicted of an offence and the conviction is\nquashed—\n(a) the amendment or suspension ceases to have effect when the\nconviction is quashed; or\n\n(b) the cancellation ceases to have effect when the conviction is\nquashed and the registration is restored as if it had only been\nsuspended.\n","sortOrder":174},{"sectionNumber":"180","sectionType":"section","heading":"Other ways of amending or cancelling registration of","content":"180 Other ways of amending or cancelling registration of\n(a) a locally-registered foreign lawyer asks the relevant council to\namend or cancel the registration and the relevant council\nproposes to give effect to the request; or\n(b) the relevant council proposes to amend a locally-registered\nforeign lawyer’s registration only—\n(i) for a formal or clerical reason; or\n(ii) in another way that does not adversely affect the lawyer’s\ninterests.\n(2) The relevant council may amend or cancel the registration by written\nnotice given to the lawyer.\n(3) To remove any doubt, section 178 (Amending, suspending or\ncancelling registration of foreign lawyer) does not apply to\namendment or cancellation of registration as a foreign lawyer under\n","sortOrder":175},{"sectionNumber":"181","sectionType":"section","heading":"Relationship of div 2.7.6 with ch 4","content":"181 Relationship of div 2.7.6 with ch 4\nThis division does not prevent a complaint from being made under\nchapter 4 (Complaints and discipline) about a matter to which this\ndivision relates.\n\nDivision 2.7.7 Special powers in relation to local registration of foreign lawyer—show-\nDivision 2.7.7 Special powers in relation to local\nregistration of foreign lawyer—show-\n182 Applicant for local registration as foreign lawyer—show-\ncause event\n(a) a person is applying for registration as a foreign lawyer under\nthis Act; and\n(b) a show-cause event in relation to the person happened after the\nperson first became an overseas-registered foreign lawyer.\n(2) As part of the application, the person must give the relevant council\na written statement, in accordance with the regulations—\n(a) about the show-cause event; and\n(b) explaining why, despite the show-cause event, the applicant\nconsiders themself to be a fit and proper person to be a locally-\nregistered foreign lawyer.\n(3) However, the person need not give the relevant council a statement\nunder subsection (2) if the person has previously given to the relevant\ncouncil a statement under this section, or a notice and statement under\nsection 183, explaining why, despite the show-cause event, the person\nconsiders themself to be a fit and proper person to be a locally-\nregistered foreign lawyer.\n(4) This section applies to a show-cause event whether the event\nhappened before or happens after the commencement of this section.\n\nSpecial powers in relation to local registration of foreign lawyer—show-\nDivision 2.7.7\n","sortOrder":176},{"sectionNumber":"183","sectionType":"section","heading":"Locally-registered foreign lawyer—show-cause event","content":"183 Locally-registered foreign lawyer—show-cause event\n(1) This section applies to a show-cause event that happens in relation to\na locally-registered foreign lawyer.\n(2) The locally-registered foreign lawyer must give the relevant council\nboth of the following:\n(a) not later than 7 days after the day the event happened, a written\nnotice that the event happened;\n(b) not later than 28 days after the day the event happened, a written\nstatement explaining why, despite the show-cause event, the\nperson considers themself to be a fit and proper person to be a\nlocally-registered foreign lawyer.\n(3) If a written statement is given to the relevant council after the end of\nthe 28-day period, the relevant council may accept the statement and\ntake it into consideration.\n","sortOrder":177},{"sectionNumber":"184","sectionType":"section","heading":"Refusal, amendment, suspension or cancellation of local","content":"184 Refusal, amendment, suspension or cancellation of local\nregistration as foreign lawyer—failure to show cause etc\n(1) The relevant council may refuse to grant or renew, or may amend,\nsuspend or cancel, local registration if the applicant for registration or\nthe locally-registered foreign lawyer—\n(a) is required by section 182 (Applicant for local registration of\nforeign lawyer—show-cause event) or section 183 (Locally-\nregistered foreign lawyer—show-cause event) to give the\nrelevant council a written statement or notice relating to a matter\nand has failed to provide a written statement or notice in\naccordance with the requirement; or\n\nDivision 2.7.7 Special powers in relation to local registration of foreign lawyer—show-\n(b) has given a written statement in accordance with section 182 or\nsection 183 but the relevant council does not consider that the\napplicant or foreign lawyer has shown in the statement that,\ndespite the show-cause event concerned, the applicant or foreign\nlawyer is a fit and proper person to be a locally-registered\nforeign lawyer.\n(2) For this section only, a written statement accepted by the relevant\ncouncil under section 182 (3) is taken to have been given in\naccordance with section 182.\n(3) The relevant council must give the applicant or foreign lawyer an\ninformation notice about the decision to refuse to grant or renew, or\nto amend, suspend or cancel, the registration.\n(4) However, if the relevant council considers that the applicant or\nforeign lawyer has shown in the statement mentioned in\nsubsection (1) (b) that, despite the show-cause event concerned, the\napplicant or foreign lawyer is a fit and proper person to be a locally-\nregistered foreign lawyer, the relevant council must, by written\nnotice, tell the applicant or foreign lawyer about its decision.\n","sortOrder":178},{"sectionNumber":"185","sectionType":"section","heading":"Restriction on making further applications for registration","content":"185 Restriction on making further applications for registration\nas foreign lawyer\n(1) This section applies if the relevant council decides under section 184\nto refuse to grant or renew, or cancel, local registration.\n(2) The relevant council may also decide that the applicant for\nregistration or the locally-registered foreign lawyer is not entitled to\napply for registration under this part for a stated period of not longer\nthan 5 years.\nrelevant council must include the decision in the information notice\nrequired under section 184 (3).\n\nFurther provisions about local registration of foreign lawyers Division 2.7.8\nto this section, is not entitled to apply for registration under this part\nduring the period stated in the decision.\n","sortOrder":179},{"sectionNumber":"186","sectionType":"section","heading":"Relationship of div 2.7.7 with pt 4.4 and ch 6","content":"186 Relationship of div 2.7.7 with pt 4.4 and ch 6\n(1) The relevant council has and may exercise powers under part 4.4\n(Investigation of complaints), and chapter 6 (Investigations), in\nrelation to a matter under this division as if the matter were the subject\nof a complaint under chapter 4.\n(2) Accordingly, the provisions of part 4.4, and chapter 6, apply, with\nnecessary changes, in relation to a matter under this division.\n(3) This division does not prevent a complaint being made under chapter\n6 about a matter to which this division relates.\nDivision 2.7.8 Further provisions about local\nregistration of foreign lawyers\n","sortOrder":180},{"sectionNumber":"187","sectionType":"section","heading":"Immediate suspension of registration as foreign lawyer","content":"187 Immediate suspension of registration as foreign lawyer\n(1) This section applies, despite division 2.7.6 (Amendment, suspension\nor cancellation of local registration of foreign lawyer) and\ndivision 2.7.7 (Special powers in relation to local registration of\nforeign layer—show-cause events), if the relevant council considers\nit necessary in the public interest to immediately suspend a person’s\nlocal registration as a foreign lawyer on—\n(a) any of the grounds on which the registration could be suspended\nor cancelled under division 2.7.6; or\n(b) the ground of the happening of a show-cause event in relation to\nthe person; or\n\nDivision 2.7.8 Further provisions about local registration of foreign lawyers\n(c) any other ground the relevant council considers justifies\nimmediate suspension of the registration in the public interest;\nwhether or not any action has been taken or started under\ndivision 2.7.6 or division 2.7.7 in relation to the person.\n(2) The relevant council may, by written notice given to the person,\nimmediately suspend the registration until the earlier of the following:\n(a) the relevant council gives the person an information notice\nunder section 178 (3) (Amending, suspending or cancelling\nregistration of foreign lawyer);\n(b) the relevant council gives the person written notice under\nsection 178 (4);\n(c) the relevant council gives the person an information notice\nunder section 184 (3) (Refusal, amendment, suspension or\ncancellation of local registration as foreign lawyer—failure to\nshow cause etc);\n(d) the relevant council gives the person written notice under\nsection 184 (4);\n(e) the period of 56 days after the day the notice is given to the\nperson under this section ends.\n(3) The notice must—\n(a) include an information notice about the suspension; and\n(b) state that the person may make written representations to the\nrelevant council about the suspension.\n(4) The person may make written representations to the relevant council\nabout the suspension, and the relevant council must consider the\nrepresentations.\n(5) The relevant council may revoke the suspension at any time, whether\nor not in response to any written representations made to it by the\nperson.\n\nFurther provisions about local registration of foreign lawyers Division 2.7.8\n","sortOrder":181},{"sectionNumber":"188","sectionType":"section","heading":"Surrender of local registration certificate and cancellation","content":"188 Surrender of local registration certificate and cancellation\nof registration as foreign lawyer\n(1) A person registered as a foreign lawyer under this part may surrender\nthe local registration certificate to the relevant council.\n(2) The relevant council may cancel the registration.\n","sortOrder":182},{"sectionNumber":"189","sectionType":"section","heading":"Automatic cancellation of registration of foreign lawyer","content":"189 Automatic cancellation of registration of foreign lawyer\non grant of practising certificate\nA person’s registration as a foreign lawyer under this part is taken to\nbe cancelled if the person becomes an Australian legal practitioner.\n","sortOrder":183},{"sectionNumber":"190","sectionType":"section","heading":"Suspension or cancellation of registration of foreign","content":"190 Suspension or cancellation of registration of foreign\nlawyer not to affect disciplinary processes\nThe suspension or cancellation of a person’s registration as a foreign\nlawyer under this part does not affect any disciplinary processes in\nrelation to matters arising before the suspension or cancellation.\n","sortOrder":184},{"sectionNumber":"191","sectionType":"section","heading":"Return of local registration certificate","content":"191 Return of local registration certificate\n(1) This section applies if a person’s registration under this part as a\nforeign lawyer is amended, suspended or cancelled.\n(2) The relevant council may give the person a written notice requiring\nthe person to return the person’s local registration certificate to the\nrelevant council in the way (if any) stated in the notice within a stated\nperiod of not less than 14 days after the day the person is given the\nnotice.\n(3) The person must comply with the notice.\n(4) An offence against this section is a strict liability offence.\n\n(5) The relevant council must return the person’s local registration\ncertificate to the person—\n(a) if the certificate is amended—after amending it; or\n(b) if the registration is suspended and is still current at the end of\nthe suspension period—at the end of the suspension period.\nDivision 2.7.9 Conditions on registration of foreign\n","sortOrder":185},{"sectionNumber":"192","sectionType":"section","heading":"Conditions on local registration generally","content":"192 Conditions on local registration generally\n(1) Registration as a foreign lawyer under this Act is subject to—\n(a) any conditions imposed by the relevant council; and\n(b) any statutory conditions imposed by this Act or any other Act;\nand\n(c) any conditions imposed or amended by the ACAT under section\n194 (Imposition and amendment of conditions on local\nregistration pending criminal proceedings); and\n(d) any conditions imposed under chapter 4 (Complaints and\ndiscipline) or under provisions of a corresponding law that\ncorrespond to chapter 4.\n(2) If a condition is imposed, amended or revoked under this Act (other\nthan a statutory condition) during the currency of a person’s\nregistration as a foreign lawyer, the registration certificate must be\namended by the relevant council, or a new registration certificate\nmust be issued by the relevant council, to reflect on its face the\nimposition, amendment or revocation.\n\nConditions on registration of foreign lawyers Division 2.7.9\n","sortOrder":186},{"sectionNumber":"193","sectionType":"section","heading":"Conditions imposed on local registration by relevant","content":"193 Conditions imposed on local registration by relevant\n(1) The relevant council may impose conditions on registration as a\nforeign lawyer—\n(a) when it is granted or renewed; or\n(b) during its currency.\n(2) The relevant council may impose conditions on registration as a\nforeign lawyer—\n(a) on the application of the applicant for registration or renewal of\nregistration as a foreign lawyer; or\n(3) A regulation may make provision in relation to an application for the\nimposition of a condition of registration.\n(4) A condition imposed under this section must be reasonable and\nrelevant.\n(5) A condition imposed under this section may be about any of the\n(a) any matter in relation to which a condition could be imposed on\na local practising certificate;\n(b) a matter agreed to by the foreign lawyer.\n(6) The relevant council must not impose a condition under\nsubsection (5) (a) that is more onerous than a condition that would be\nimposed on a local practising certificate of a local legal practitioner\nin the same or similar circumstances.\n(7) The relevant council may amend or revoke conditions imposed under\n\n(8) If the relevant council imposes a condition on, or amends or revokes\na condition of, registration as a foreign lawyer (the action)—\n(a) the relevant council must give the applicant for the registration,\nor the foreign lawyer, an information notice about the action,\nunless the action was taken on the application of the applicant\nor foreign lawyer; and\n(b) if the action was taken during the currency of the registration—\nthe action takes effect when the foreign lawyer is given an\ninformation notice or other written notice by the relevant council\nabout the action or, if the notice states a later time of effect, at\nthat time.\n(9) This section has effect subject to section 178 (Amending, suspending\nor cancelling registration of foreign lawyer) in relation to the\nimposition of a condition on a registration as a foreign lawyer during\nits currency.\n","sortOrder":187},{"sectionNumber":"194","sectionType":"section","heading":"Imposition and amendment of conditions on local","content":"194 Imposition and amendment of conditions on local\nregistration pending criminal proceedings\n(1) If a locally-registered foreign lawyer has been charged with an\noffence but the charge has not been decided, the relevant council may\napply to the ACAT for an order under this section.\n(2) On an application under subsection (1), the ACAT may, if it considers\nit appropriate having regard to the seriousness of the offence and to\nthe public interest, make either or both of the following orders:\n(a) an order amending the conditions of the foreign lawyer’s local\nregistration;\n(b) an order imposing further conditions on the foreign lawyer’s\nlocal registration.\n\nConditions on registration of foreign lawyers Division 2.7.9\n(3) An order under this section has effect until the sooner of—\n(a) the end of the period stated by the ACAT; or\n(b) if the foreign lawyer is convicted of the offence—28 days after\nthe day of the conviction; or\n(c) if the charge is dismissed—the day of the dismissal.\n(4) The ACAT may, on application by any party, amend or revoke an\norder under this section at any time.\n","sortOrder":188},{"sectionNumber":"195","sectionType":"section","heading":"Statutory condition on local registration about","content":"195 Statutory condition on local registration about\nnotification of offence\n(1) It is a statutory condition of registration as a foreign lawyer that the\nlawyer—\n(a) must notify the relevant council that the lawyer has been—\n(i) convicted of an offence that would have to be disclosed in\nrelation to an application for registration as a foreign\nlawyer under this Act; or\n(ii) charged with a serious offence; and\n(b) must do so in writing not later than 7 days after the day the event\nhappens.\n(2) This section does not apply to an offence to which division 2.7.7\n(Special powers in relation to local registration of foreign lawyer—\nshow-cause events) applies.\n","sortOrder":189},{"sectionNumber":"196","sectionType":"section","heading":"Conditions imposed by legal profession rules on local","content":"196 Conditions imposed by legal profession rules on local\nregistration\nThe legal profession rules may—\n(a) impose conditions on the registration of foreign lawyers; or\n(b) authorise conditions to be imposed on the registration of foreign\nlawyers.\n\n","sortOrder":190},{"sectionNumber":"197","sectionType":"section","heading":"Compliance with conditions of local registration","content":"197 Compliance with conditions of local registration\nA locally-registered foreign lawyer must not contravene a condition\nto which the registration is subject.\n","sortOrder":191},{"sectionNumber":"198","sectionType":"section","heading":"Extent of entitlement of interstate-registered foreign","content":"198 Extent of entitlement of interstate-registered foreign\nlawyer to practise in ACT\n(1) This part does not authorise an interstate-registered foreign lawyer to\npractise foreign law in the ACT to a greater extent than a locally-\nregistered foreign lawyer could be authorised under a local\nregistration certificate.\n(2) Also, an interstate-registered foreign lawyer’s right to practise foreign\nlaw in the ACT—\n(a) is subject to—\n(i) any conditions imposed by the relevant council under\nsection 199; and\n(ii) any conditions imposed under the legal profession rules\nmade under that section; and\n(b) is, to the greatest practicable extent and with all necessary\nchanges—\n(i) the same as the interstate-registered foreign lawyer’s right\nto practise foreign law in the lawyer’s home jurisdiction;\nand\n(ii) subject to any condition on the interstate-registered foreign\nlawyer’s right to practise foreign law in that jurisdiction.\n\nInterstate-registered foreign lawyers Division 2.7.10\n(3) If there is an inconsistency between conditions mentioned in\nsubsection (2) (a) and conditions mentioned in subsection (2) (b), the\nconditions that are, in the relevant council’s opinion, more onerous\nprevail to the extent of the inconsistency.\n(4) An interstate-registered foreign lawyer must not practise foreign law\nin the ACT in a way not authorised by this Act or in contravention of\nany condition mentioned in this section.\n","sortOrder":192},{"sectionNumber":"199","sectionType":"section","heading":"Additional conditions on practice of interstate-registered","content":"199 Additional conditions on practice of interstate-registered\n(1) The relevant council may, by written notice given to an interstate-\nregistered foreign lawyer practising foreign law in the ACT, impose\nany condition on the interstate-registered foreign lawyer’s practice\nthat it may impose under this Act in relation to a locally-registered\nforeign lawyer.\n(2) Also, an interstate-registered foreign lawyer’s right to practise foreign\nlaw in the ACT is subject to any condition imposed under the legal\n(3) Conditions imposed under or mentioned in this section must not be\nmore onerous than conditions applying to locally-registered foreign\nlawyers in the same or similar circumstances.\n(4) A notice under this section must include an information notice about\nthe decision to impose a condition.\n\n","sortOrder":193},{"sectionNumber":"200","sectionType":"section","heading":"Investigation of applicants and locally-registered foreign","content":"200 Investigation of applicants and locally-registered foreign\nlawyers etc\n(1) To help it consider whether or not to grant, renew, amend, suspend or\ncancel registration under this part, the relevant council may, by\nwritten notice to the applicant or foreign lawyer, require the applicant\nor lawyer—\n(b) to cooperate with any inquiries by the relevant council that it\nconsiders appropriate.\n(2) A person’s failure to comply with a notice under subsection (1) within\nthe reasonable period, and in the reasonable way, (if any) required by\nthe notice is a ground for refusing to grant or renew registration or to\namend, suspend, cancel or impose conditions on registration under\n(3) The relevant council may refer a matter to the Supreme Court for\ndirections.\n","sortOrder":194},{"sectionNumber":"201","sectionType":"section","heading":"Register of locally-registered foreign lawyers","content":"201 Register of locally-registered foreign lawyers\n(1) The relevant council must keep a register of the names of locally-\nregistered foreign lawyers.\n(2) The register must—\n(a) state the conditions (if any) imposed on a foreign lawyer’s\nregistration; and\n(b) include other particulars prescribed by regulation.\n(3) The register may be kept in the way the relevant council decides.\n(4) The register must be available for inspection, without charge, at the\nrelevant council’s office during normal business hours.\n\nMiscellaneous—pt 2.7 Division 2.7.11\n","sortOrder":195},{"sectionNumber":"202","sectionType":"section","heading":"Publication of information about locally-registered","content":"202 Publication of information about locally-registered\nThe relevant council may publish, in circumstances that it considers\nappropriate, the names of people registered by it as foreign lawyers\nunder this part and any relevant particulars about them.\n","sortOrder":196},{"sectionNumber":"203","sectionType":"section","heading":"Supreme Court orders about conditions—","content":"203 Supreme Court orders about conditions—\n(1) The relevant council may apply to the Supreme Court for an order\nthat an Australian-registered foreign lawyer not contravene a\ncondition imposed under this part.\n(2) The Supreme Court may make any order it considers appropriate on\nthe application.\n","sortOrder":197},{"sectionNumber":"204","sectionType":"section","heading":"Exemption of Australian-registered foreign lawyers by","content":"204 Exemption of Australian-registered foreign lawyers by\nrelevant council\n(1) The relevant council may exempt an Australian-registered foreign\nlawyer from complying with a stated provision of this Act that would\notherwise apply to the foreign lawyer.\n(2) An exemption may be given unconditionally or subject to conditions\nstated in writing.\n(3) The relevant council may amend or revoke any conditions imposed\nunder this section or impose new conditions.\n","sortOrder":198},{"sectionNumber":"205","sectionType":"section","heading":"Membership of professional association by","content":"205 Membership of professional association by\nAn Australian-registered foreign lawyer is not required to join (but\nmay, if eligible, join) any professional association.\n\n","sortOrder":199},{"sectionNumber":"206","sectionType":"section","heading":"Determination of fees by relevant council","content":"206 Determination of fees by relevant council\n(1) The relevant council may determine fees for this Act in relation to\napplications for grant or renewal of registration as a foreign lawyer.\n(2) The fees determined for the grant or renewal of registration as a\nforeign lawyer must not be greater than the maximum fees for the\ngrant or renewal of an unrestricted practising certificate.\n(3) The relevant council may also require the applicant to pay any\nreasonable costs and expenses incurred by the body in considering the\napplication, including (for example) costs and expenses of making\ninquiries and obtaining information or documents about whether the\napplicant meets the criteria for registration.\n(4) The fees and costs must not include any component for compulsory\nmembership of any professional association.\n(5) A determination under this section is a disallowable instrument.\n","sortOrder":200},{"sectionNumber":"207","sectionType":"section","heading":"Appeals or reviews","content":"207 Appeals or reviews\n(1) A person may appeal to the Supreme Court against—\n(a) a decision of the relevant council to refuse to grant or renew\nregistration of an overseas-registered foreign lawyer as a foreign\nlawyer under this Act; or\n(b) a decision of the relevant council to amend, suspend or cancel a\nperson’s registration as a foreign lawyer under this Act; or\n(c) a decision of the relevant council under section 192 (Conditions\non local registration generally) to impose a condition on, or\namend or revoke a condition on registration as a foreign lawyer\n(d) a decision of the relevant council under section 199 (Additional\nconditions on practice of interstate-registered foreign lawyers)\nto impose a condition on the interstate-registered foreign\nlawyer’s practice.\n\nMiscellaneous—pt 2.7 Division 2.7.11\n(2) The relevant council may appear as a party to the appeal.\n\n","sortOrder":201},{"sectionNumber":"208","sectionType":"section","heading":"What is a complying community legal centre?","content":"208 What is a complying community legal centre?\n(1) For this Act, an entity is a complying community legal centre if—\n(a) it is held out, or holds itself out, as being a community legal\ncentre (however described); and\n(b) it provides legal services—\n(i) that are directed generally to people or entities that lack the\nfinancial means to obtain privately funded legal services or\nwhose cases are expected to raise issues of public interest\nor are of general concern to disadvantaged groups in the\ncommunity; and\n(ii) that are made available to people or entities that have a\nspecial need arising from their location or the nature of the\nlegal matter to be addressed or have a significant physical\nor social disability; and\n(iii) that are not intended, or likely, to be provided at a profit to\nthe entity and the income (if any) from which cannot or\nwill not be distributed to any member or employee of the\nentity otherwise than by way of reasonable remuneration\nunder a contract of service or for services; and\n(iv) that are funded or expected to be funded to a significant\nlevel by donations or by grants from government,\ncharitable entities or other entities; and\n(c) at least 1 of the people employed or otherwise used by the entity\nand who is generally responsible for provision of the legal\nservices by the entity is an Australian legal practitioner who—\n(i) holds an unrestricted practising certificate; or\n(ii) is authorised by the law society council for this section.\n\nCommunity legal centres Part 2.8\n","sortOrder":202},{"sectionNumber":"209","sectionType":"section","heading":"Provision of legal services etc by complying community","content":"209 Provision of legal services etc by complying community\ncentre\n(1) A complying community legal centre does not contravene this Act\nonly because—\n(a) it employs, or otherwise uses the services of, Australian legal\npractitioners to provide legal services to members of the public;\nor\n(b) it has a contractual relationship with a member of the public to\nwhom the legal services are provided or receives any fee, gain\nor reward for providing the legal services; or\n(c) it shares with an Australian legal practitioner employed or\notherwise used by it to provide the legal services receipts,\nrevenue or other income arising from the business of the centre\nof a kind usually conducted by an Australian legal practitioner;\nor\n(d) it adopts or uses the word ‘legal’ or a name, title or description\nto which section 18 (Presumptions about taking or using certain\nnames, titles or descriptions) applies (or a related term) in its\nname or any registered business name under which it provides\nlegal services to members of the public.\n(2) Subsection (1) has effect despite anything to the contrary in this Act.\n(3) A regulation may make provision in relation to—\n(a) the application (with any prescribed changes) of a provision of\nthis Act to a complying community legal centre; and\n(b) the legal services provided by a complying community legal\ncentre.\n(4) A regulation may provide that a breach of a regulation in relation to\na complying community legal centre can be unsatisfactory\nprofessional conduct or professional misconduct by an Australian\nlegal practitioner responsible for the breach.\n\n(5) A provision of the legal profession rules that applies to an Australian\nlegal practitioner also applies to an Australian legal practitioner who\nis an officer or employee of, or whose services are used by, a\ncomplying community legal centre, unless the rules otherwise\nprovide.\n\n","sortOrder":203},{"sectionNumber":"210","sectionType":"section","heading":"Definitions—pt 3.1","content":"210 Definitions—pt 3.1\ncontrolled money means trust money received or held by a law\npractice for which the practice has a written direction to deposit the\nmoney in an account (other than a general trust account) over which\nthe practice has or will have exclusive control.\nNote See s 224 (6) (Controlled money), which prevents pooling of controlled\ndeposit record includes a deposit slip or duplicate deposit slip.\ntransit money means money received by a law practice subject to\ninstructions to pay or deliver it to a third party, other than an associate\nof the practice.\nNote Trust money is defined in the dictionary.\n(2) In this part:\napproved ADI means an ADI approved under section 250 (Approval\nof ADIs for pt 3.1) by the law society council.\ncontrolled money account means an account kept by a law practice\nwith an ADI for the holding of controlled money received by the\nexternal examination means an external examination under\nsubdivision 3.1.3.2 of a law practice’s trust records.\nexternal examiner means a person holding an appointment as an\nexternal examiner under subdivision 3.1.3.2.\n\ngeneral trust account means an account kept by a law practice with\nan approved ADI for the holding of trust money received by the\npractice, other than controlled money or transit money.\ninvestigation means an investigation under subdivision 3.1.3.1 of the\naffairs of a law practice.\ninvestigator means a person holding an appointment as an\ninvestigator under subdivision 3.1.3.1.\nlaw practice—see section 218 (2).\npermanent form, in relation to a trust record, means printed (or, on\nrequest, capable of being printed) in English on paper or other\nmaterial.\ntrust account means an account kept by a law practice with an\napproved ADI to hold trust money.\ntrust records includes the following documents:\n(a) receipts;\n(b) cheque butts or cheque requisitions;\n(c) records of authorities to withdraw by electronic funds transfer;\n(d) deposit records;\n(e) trust account ADI statements;\n(f) trust account receipts and payments cash books;\n(g) trust ledger accounts;\n(h) records of monthly trial balances;\n(i) records of monthly reconciliations;\n(j) trust transfer journals;\n(k) statements of account as required to be provided under a\nregulation;\n\n(l) registers required to be kept under a regulation;\n(m) monthly statements required to be kept under a regulation;\n(n) files relating to trust transactions or bills of costs, or both;\n(o) written directions, authorities or other documents required to be\nkept under this Act;\n(p) supporting information required to be kept under a regulation in\nrelation to powers to deal with trust money.\nNote 1 This Act is defined in the dictionary.\nNote 2 Trust records includes a reference to the affairs of a law practice\nthat may be examined under s 245 (Examination of affairs in\nrelation to examination of trust records etc)—see s 245 (3).\n(3) A reference in this part to a law practice’s trust account or trust\nrecords includes a reference to an associate’s trust account or trust\nrecords.\n(4) A reference in this part to a power given to a law practice or an\nassociate of the practice to deal with money for or on behalf of\nsomeone else is a reference to a power given to the practice or\nassociate that is exercisable by—\n(a) the practice alone; or\n(b) an associate of the practice alone (otherwise than in a private\nand personal capacity); or\n(c) the practice or an associate of the practice jointly or severally,\nor jointly and severally with either of the following:\n(i) 1 or more associates of the practice;\n(ii) the person, or 1 or more nominees of the person, for whom\nor on whose behalf the money may or is to be dealt with\nunder the power.\n\n","sortOrder":204},{"sectionNumber":"211","sectionType":"section","heading":"Purposes—pt 3.1","content":"211 Purposes—pt 3.1\n(a) to ensure trust money is held by law practices in a way that\nprotects the interests of people for or on whose behalf money is\nheld, both inside and outside the ACT;\n(b) to minimise compliance requirements for law practices that\nprovide legal services within and outside the ACT;\n(c) to ensure the law society council can work effectively with\ncorresponding authorities in other jurisdictions in relation to the\nregulation of trust money and trust accounts.\n","sortOrder":205},{"sectionNumber":"212","sectionType":"section","heading":"Money involved in financial services or investments","content":"212 Money involved in financial services or investments\n(1) Money that is entrusted to or held by a law practice is not trust money\nfor this Act if it is entrusted or held for or in relation to—\n(a) a financial service provided by the practice or an associate of the\npractice in circumstances where the practice or associate is\nrequired to hold an Australian financial services licence\ncovering the provision of the service (whether or not the licence\nis held at any relevant time); or\n(b) a financial service provided by the practice or an associate of the\npractice in circumstances where the practice or associate\nprovides the service as a representative of someone else who\ncarries on a financial services business (whether or not the\npractice or associate is an authorised representative at any\nrelevant time).\n(2) Without limiting subsection (1), money that is entrusted to or held by\na law practice is not trust money for this Act if it is entrusted or held\nin relation to—\n(a) a managed investment scheme undertaken by the practice; or\n(b) mortgage financing undertaken by the practice.\n\n(3) Without limiting subsections (1) and (2), money that is entrusted to\nor held by a law practice for investment purposes, whether on its own\naccount or as agent, is not trust money for this Act, unless—\n(a) the money was entrusted to or held by the practice—\n(ii) primarily in relation to the provision of legal services to or\nat the direction of the client; and\n(b) the investment is or is to be made—\n(ii) for the ancillary purpose of maintaining or enhancing the\nvalue of the money or property pending completion of the\nmatter or further stages of the matter or pending payment\nor delivery of the money or property to or at the direction\nof the client.\nAustralian financial services licence—see the Corporations Act,\nsection 9.\nauthorised representative—see the Corporations Act, section 9.\nfinancial service—see the Corporations Act, section 9.\n","sortOrder":206},{"sectionNumber":"213","sectionType":"section","heading":"Determinations about status of money","content":"213 Determinations about status of money\n(1) This section applies to money received by a law practice if the law\nsociety council considers that there is doubt or a dispute as to whether\nthe money is trust money.\n(2) The law society council may determine, in writing, that the money is\nor is not trust money.\n(3) While a determination under this section is in force that money is trust\nmoney, the money is taken to be trust money for this Act.\n\n(4) While a determination under this section is in force that money is not\ntrust money, the money is taken not to be trust money for this Act.\n(5) This section has effect subject to a decision of a court or\nadministrative review body made in relation to the money concerned.\n","sortOrder":207},{"sectionNumber":"214","sectionType":"section","heading":"Application of pt 3.1 to law practices and trust money","content":"214 Application of pt 3.1 to law practices and trust money\n(1) This part applies to the following law practices in relation to trust\nmoney received by them in the ACT:\n(a) a law practice that has an office in the ACT, whether or not the\npractice has an office in another jurisdiction;\n(b) a law practice that does not have an office in any jurisdiction at\nall.\n(2) To remove any doubt, it is intended that a law practice that receives\ntrust money in the ACT, that does not have an office in the ACT, but\nthat has an office in another jurisdiction, must deal with the money in\naccordance with the corresponding law of the other jurisdiction.\n(3) This part applies to the following law practices in relation to trust\nmoney received by them in another jurisdiction:\n(a) a law practice that has an office in the ACT and in no other\njurisdiction;\n(b) a law practice that has an office in the ACT and in 1 or more\nother jurisdictions but not in the jurisdiction in which the trust\nmoney was received, unless the money is dealt with in\naccordance with the corresponding law of another jurisdiction.\n(4) However, this part does not apply to law practices, or kinds of trust\nmoney, prescribed by regulation for this subsection.\n\n(5) A reference in this section to having an office in a jurisdiction is a\nreference to having, or engaging in legal practice from, an office or\nbusiness address in the jurisdiction.\nNote Section 164 (Trust money and trust accounts—Australian-registered\nforeign lawyers) applies this part to Australian-registered foreign\nlawyers.\n","sortOrder":208},{"sectionNumber":"215","sectionType":"section","heading":"Protocols for deciding where trust money is received","content":"215 Protocols for deciding where trust money is received\n(1) The law society council may enter into arrangements (the protocols)\nwith corresponding authorities about any or all of the following:\n(a) deciding the jurisdiction where a law practice receives trust\nmoney;\n(b) sharing information about whether, and (if so) how, trust money\nis being dealt with under this Act or a corresponding law.\n(2) For this Act, to the extent that the protocols are relevant, the\njurisdiction where a law practice receives trust money is to be decided\nin accordance with the protocols.\n","sortOrder":209},{"sectionNumber":"216","sectionType":"section","heading":"When money is received by law practice","content":"216 When money is received by law practice\n(1) For this Act, a law practice receives money when—\n(a) the practice obtains possession or control of it directly; or\n(b) the practice obtains possession or control of it indirectly as a\nresult of its delivery to an associate of the practice; or\n(c) the practice, or an associate of the practice (otherwise than in a\nprivate and personal capacity), is given a power to deal with the\nmoney for or on behalf of someone else.\n\n(2) For this Act, a law practice or associate is taken to have received\nmoney if the money is available to the practice or associate by means\nof an instrument or other way of authorising an ADI to credit or debit\nan amount to an account with the ADI, including, for example, an\nelectronic funds transfer, credit card transaction or telegraphic\ntransfer.\n","sortOrder":210},{"sectionNumber":"217","sectionType":"section","heading":"Discharge by legal practitioner associate of obligations of","content":"217 Discharge by legal practitioner associate of obligations of\nlaw practice\n(1) The following actions, if taken by a legal practitioner associate of a\nlaw practice on behalf of the practice in relation to trust money\nreceived by the practice, discharge the corresponding obligations of\nthe practice in relation to the money:\n(a) the establishment of a trust account;\n(b) the keeping of a trust account;\n(c) the payment of trust money into and out of a trust account and\nother dealings with trust money;\n(d) the keeping of trust records;\n(e) engaging an external examiner to examine trust records;\n(f) the payment of an amount into an ADI account in accordance\nwith section 253 (Statutory deposits);\n(g) an action of a kind prescribed by regulation.\n(2) If the legal practitioner associate keeps a trust account in relation to\ntrust money received by the law practice, this part applies to the\nassociate in the same way as it applies to a law practice.\n\n(3) Subsection (1) does not apply to the extent that the associate is\nprevented by a regulation from taking any action mentioned in that\nsubsection.\n","sortOrder":211},{"sectionNumber":"218","sectionType":"section","heading":"Liability of principals of law practices under pt 3.1","content":"218 Liability of principals of law practices under pt 3.1\n(1) A provision of this part expressed as imposing an obligation on a law\npractice imposes the same obligation on the principals of the law\npractice jointly and severally, but discharge of the practice’s\nobligation also discharges the corresponding obligation imposed on\nthe principals.\n(2) A reference in this part to a law practice includes a reference to the\nprincipals of the law practice.\n","sortOrder":212},{"sectionNumber":"219","sectionType":"section","heading":"Application of pt 3.1 to former practices, principals and","content":"219 Application of pt 3.1 to former practices, principals and\nassociates\nThis part applies in relation to former law practices and former\nprincipals and associates of law practices in relation to conduct\nhappening while they were respectively law practices, principals and\nassociates in the same way as it applies to law practices, principals\nand associates, but with any necessary changes.\n","sortOrder":213},{"sectionNumber":"220","sectionType":"section","heading":"Barristers not to receive trust money","content":"220 Barristers not to receive trust money\nA barrister commits an offence if—\n(a) the barrister receives money on behalf of someone else; and\n(b) the money is received in the course of the barrister’s practice as\na barrister.\n\n","sortOrder":214},{"sectionNumber":"221","sectionType":"section","heading":"Keeping of general trust account","content":"221 Keeping of general trust account\n(1) A law practice that receives trust money to which this part applies\nmust keep a general trust account in the ACT.\n(2) A law practice that is required to keep a general trust account in the\nACT must establish and keep the account as required by regulation.\n(3) Subsection (1) does not apply to a law practice in relation to any\nperiod during which the practice receives only either or both of the\n(a) controlled money;\n(b) transit money received in a form other than cash.\n(7) Subject to any regulation, a requirement of this section for a law\npractice to keep, or establish and keep, a general trust account in the\nACT does not prevent the practice from keeping, or establishing and\nkeeping, more than 1 general trust account in the ACT, whether\nduring the same period or during different periods.\n\n(8) Without limiting this section, a regulation may provide that a law\npractice must not close a general trust account except as permitted by\n","sortOrder":215},{"sectionNumber":"222","sectionType":"section","heading":"Certain trust money to be deposited in general trust","content":"222 Certain trust money to be deposited in general trust\n(1) As soon as practicable after receiving trust money, a law practice\nmust deposit the money in a general trust account of the practice kept\nin the ACT.\n(2) Subsection (1) does not apply if—\n(a) the practice kept in the ACT has a written direction by an\nappropriate person to deal with the money otherwise than by\ndepositing it in the account; or\n(b) the money is controlled money; or\n(c) the money is transit money; or\n(d) the money is the subject of a power given to the practice kept in\nthe ACT or an associate of the practice kept in the ACT to deal\nwith the money for or on behalf of someone else.\n(3) For subsection (2) (a), a direction that the money be deposited in a\ngeneral trust account of the practice that is not kept in the ACT has\neffect only if the practice—\n(a) is authorised by the law society council to deposit the money in\na general trust account of the practice that is not kept in the ACT;\nand\n(b) has complied with any conditions put on the authorisation by the\n(4) A law practice that has received money that is the subject of a written\ndirection mentioned in subsection (2) (a) must deal with the money\nin accordance with the direction—\n(a) within the period (if any) stated in the direction; or\n\n(b) subject to paragraph (a), as soon as practicable after it is\nreceived.\n(5) The law practice must keep a written direction mentioned in\nsubsection (2) (a) for the period prescribed by regulation.\n(6) If a law practice that is an Australian legal practitioner who is a sole\n(1), (4) or (5), the practitioner or practice commits an offence.\n(7) If a law practice that is a law firm, or a multidisciplinary partnership,\ncontravenes subsection (1), (4) or (5), each principal of the practice\nkept in the ACT commits an offence.\n(8) An offence against subsection (6) or (7) is a strict liability offence.\n(9) This section is subject to section 226A (Trust money received in form\n(10) For this section, a person is an appropriate person in relation to trust\nmoney received by a law practice if the person is legally entitled to\ngive the practice kept in the ACT directions about dealings with the\n","sortOrder":216},{"sectionNumber":"223","sectionType":"section","heading":"Holding, disbursing and accounting for trust money","content":"223 Holding, disbursing and accounting for trust money\n(1) A law practice must—\n(a) hold trust money deposited in a general trust account of the\npractice exclusively for the person on whose behalf it is\nreceived; and\n(b) disburse the trust money only in accordance with a direction\ngiven by the person.\n\n(2) Subsection (1) applies subject to an order of a court of competent\njurisdiction or as authorised by law.\n(3) The law practice must account for the trust money as required by\n(1) or (3), the practitioner or practice commits an offence.\ncontravenes subsection (1) or (3), each principal of the practice\n","sortOrder":217},{"sectionNumber":"223A","sectionType":"section","heading":"Way of withdrawing trust money from general trust","content":"223A Way of withdrawing trust money from general trust\n(1) A law practice must not withdraw trust money from a general trust\naccount otherwise than by cheque or electronic funds transfer.\n(2) Without limiting subsection (1), the following are prohibited:\n(a) cash withdrawals;\n(b) ATM withdrawals or transfers;\n(c) telephone banking withdrawals or transfers.\n(3) A regulation may make provision in relation to withdrawals by\ncheque or electronic funds transfer.\n\n(1), the practitioner or practice commits an offence.\n(7) This section has effect despite anything to the contrary in any\ndirection given to the law practice, even if the direction is given by a\nperson who is otherwise legally entitled to give the law practice\ndirections in relation to dealings with the trust money.\n","sortOrder":218},{"sectionNumber":"224","sectionType":"section","heading":"Controlled money","content":"224 Controlled money\n(1) As soon as practicable after receiving controlled money, a law\npractice must deposit the money in the account stated in the written\ndirection relating to the money.\n(2) The law practice must hold controlled money deposited in a\ncontrolled money account in accordance with subsection (1)\nexclusively for the person on whose behalf it was received.\n(3) The law practice that holds controlled money deposited in a\ncontrolled money account in accordance with subsection (1) must not\ndisburse the money except in accordance with—\n(a) the written direction mentioned in that subsection; or\n(b) a later written direction given by or on behalf of the person on\nwhose behalf the money was received.\n\n(4) The law practice must keep the controlled money account, and\naccount for the controlled money, as required by regulation.\n(5) The law practice must keep a written direction mentioned in this\nsection for the period prescribed by regulation.\n(6) The law practice must ensure that the controlled money account is\nused for the deposit of controlled money received on behalf of the\nperson mentioned in subsection (2), and not for the deposit of\ncontrolled money received on behalf of anyone else, except to the\nextent that a regulation otherwise allows.\n(7) Subsection (3) applies subject to an order of a court of competent\njurisdiction or as authorised by law.\n(8) If a law practice that is an Australian legal practitioner who is a sole\n(1), (2), (3), (4), (5) or (6), the practitioner or practice commits an\n(9) If a law practice that is a law firm, or a multidisciplinary partnership,\ncontravenes subsection (1), (2), (3), (4), (5) or (6), each principal of\nthe practice commits an offence\n(10) An offence against subsection (8) or (9) is a strict liability offence.\n","sortOrder":219},{"sectionNumber":"224A","sectionType":"section","heading":"Way of withdrawing controlled money from controlled","content":"224A Way of withdrawing controlled money from controlled\nmoney account\n(1) A law practice must not withdraw controlled money from a controlled\nmoney account otherwise than by cheque or electronic funds transfer.\n\n(2) Without limiting subsection (1), the following are prohibited:\n(a) cash withdrawals;\n(b) ATM withdrawals or transfers;\n(c) telephone banking withdrawals or transfers.\n(3) A regulation may make provision in relation to withdrawals by\ncheque or electronic funds transfer.\n(7) This section has effect despite anything to the contrary in any\ndirection given to the law practice, even if the direction is given by a\nperson who is otherwise legally entitled to give the law practice\ndirections in relation to dealings with the controlled money.\n","sortOrder":220},{"sectionNumber":"225","sectionType":"section","heading":"Transit money","content":"225 Transit money\n(1) A law practice that has received transit money must pay or deliver the\nmoney as required by the instructions relating to the money—\n(a) within the period (if any) stated in the instructions; or\n(b) subject to paragraph (a), as soon as practicable after it is\nreceived.\n\n(2) The law practice must account for the money as required by\n(6) This section is subject to section 226A (Trust money received in form\n","sortOrder":221},{"sectionNumber":"226","sectionType":"section","heading":"Trust money subject to specific powers","content":"226 Trust money subject to specific powers\n(1) A law practice must ensure that trust money that is the subject of a\npower given to the practice or an associate of the practice is dealt with\nby the practice or associate only in accordance with the power relating\nto the money.\n(2) The law practice must account for the money as prescribed by\n(1) or (2), the practitioner or practice commits an offence.\n\n(6) This section is subject to section 226A (Trust money received in form\n","sortOrder":222},{"sectionNumber":"226A","sectionType":"section","heading":"Trust money received in form of cash","content":"226A Trust money received in form of cash\n(1) A law practice must deposit general trust money received in the form\nof cash in a general trust account of the practice.\n(2) If the law practice has a written direction by an appropriate person to\ndeal with general trust money received in the form of cash otherwise\nthan by first depositing it in a general trust account of the practice—\n(a) the money must nevertheless be deposited in a general trust\naccount of the practice in accordance with subsection (1); and\n(b) the money is after that to be dealt with in accordance with any\napplicable terms of the direction to the extent that the terms are\nnot inconsistent with paragraph (a).\n(3) Controlled money received in the form of cash must be deposited in\na controlled money account in accordance with section 224\n(Controlled money).\n(4) A law practice must deposit transit money received in the form of\ncash in a general trust account of the practice before the money is\notherwise dealt with in accordance with the instructions relating to\nthe money.\n\n(5) A law practice must deposit trust money that is received in the form\nof cash and is the subject of a power in a general trust account (or a\ncontrolled money account in the case of controlled money) of the\npractice before the money is otherwise dealt with in accordance with\nthe power.\n(6) This section has effect despite anything to the contrary in any relevant\ndirection, instruction or power.\n(7) If a law practice that is an Australian legal practitioner who is a sole\nsubsection (1), (4) or (5), the practitioner or practice commits an\nMaximum penalty: 50 penalty units\n(8) If a law practice that is a law firm, or a multidisciplinary partnership,\ncontravenes subsection (1), (4) or (5) each principal of the practice\n(9) An offence against subsection (7) or (8) is a strict liability offence.\n(10) In this section:\nappropriate person, in relation to trust money, means a person who\nis legally entitled to give the law practice concerned directions in\nrelation to dealings with the money.\ngeneral trust money means trust money other than—\n(a) controlled money; and\n(b) transit money; and\n(c) money that is the subject of a power.\n\n","sortOrder":223},{"sectionNumber":"227","sectionType":"section","heading":"Protection of trust money","content":"227 Protection of trust money\n(1) Money standing to the credit of a trust account kept by a law practice\nis not available for the payment of debts of the practice or any of its\nassociates.\n(2) Money standing to the credit of a trust account kept by a law practice\nis not liable to be attached or taken in execution for satisfying a\njudgment against the practice or any of its associates.\n(3) This section does not apply to money to which a law practice or\nassociate is entitled.\n","sortOrder":224},{"sectionNumber":"228","sectionType":"section","heading":"Intermixing money","content":"228 Intermixing money\n(1) A law practice must not mix trust money with other money.\n(2) If a law practice that is an Australian legal practitioner who is a sole\n(3) If a law practice that is a law firm, or a multidisciplinary partnership,\n(4) This section does not apply in relation to the mixing of trust money\nwith other money if—\n(a) the law society council has authorised the mixing of the trust\nmoney with other money to the extent to which it is mixed; and\n(b) the law practice has complied with any conditions put on the\nauthorisation by the law society council.\n\n(5) An offence against subsection (2) or (3) is a strict liability offence.\n","sortOrder":225},{"sectionNumber":"229","sectionType":"section","heading":"Dealing with trust money—legal costs and unclaimed","content":"229 Dealing with trust money—legal costs and unclaimed\nmoney\n(1) A law practice may do any of the following, in relation to trust money\nheld in a general trust account or controlled money account of the\npractice for a person:\n(a) exercise a lien, including a general retaining lien, for the amount\nof legal costs reasonably owing by the person to the practice;\n(b) withdraw money for payment to the practice’s account for legal\ncosts owing to the practice if any relevant provision of this Act\nis complied with;\n(c) after deducting any legal costs properly owing to the practice,\ndeal with the balance as unclaimed money under section 259\n(Unclaimed trust money).\n(2) Subsection (1) applies despite any other provision of this part but has\neffect subject to part 3.2 (Costs disclosure and assessment).\n","sortOrder":226},{"sectionNumber":"230","sectionType":"section","heading":"Deficiency in trust account","content":"230 Deficiency in trust account\n(1) An Australian legal practitioner commits an offence if the practitioner\ncauses—\n(a) a deficiency in any trust account or trust ledger account; or\n(b) a failure to pay or deliver any trust money.\n(2) Subsection (1) does not apply if the Australian legal practitioner has\na reasonable excuse.\n\naccount, in relation to an Australian legal practitioner, includes an\naccount of the practitioner or of the law practice of which the\npractitioner is an associate.\ncause a deficiency or failure—a person’s conduct causes a deficiency\nor failure if it is responsible for the deficiency or failure.\ndeficiency in a trust account or trust ledger account includes the non-\ninclusion or exclusion of all or any part of an amount that is required\nto be included in the account.\n","sortOrder":227},{"sectionNumber":"231","sectionType":"section","heading":"Reporting certain irregularities etc","content":"231 Reporting certain irregularities etc\n(1) A legal practitioner commits an offence if—\n(a) the practitioner is an associate of a law practice; and\n(b) the practitioner becomes aware that there is an irregularity in any\nof the practice’s trust accounts or trust ledger accounts; and\n(c) the practitioner fails, as soon as practicable after becoming\naware of the irregularity, to give written notice of the irregularity\nto—\n(i) the law society council; and\n(ii) if a corresponding authority is responsible for the\nregulation of the accounts—the corresponding authority.\n(2) An Australian legal practitioner commits an offence if—\n(a) the practitioner believes, on reasonable grounds, that there is an\nirregularity in relation to the receipt, recording or disbursement\nof any trust money received by a law practice; and\n(b) the practitioner is not an associate of the practice; and\n\n(c) the practitioner fails, as soon as practicable after forming the\nbelief, to give written notice of it to—\n(i) the law society council; and\n(ii) if a corresponding authority is responsible for the\nregulation of the accounts relating to the trust money—the\ncorresponding authority.\n(3) The validity of a requirement imposed on an Australian legal\npractitioner under subsection (1) or (2) is not affected, and the\npractitioner is not excused from complying with subsection (1) or (2),\non the ground that giving the notice may tend to incriminate the\nvalidity of certain requirements etc) contains a similar provision in\nrelation to client legal privilege and duties of confidence.\n(4) An Australian legal practitioner is not liable for any loss or damage\nsuffered by someone else because of the practitioner’s compliance\nwith subsection (1) or (2).\n","sortOrder":228},{"sectionNumber":"232","sectionType":"section","heading":"Keeping trust records","content":"232 Keeping trust records\n(1) A law practice must keep in permanent form trust records in relation\nto trust money received by the practice.\n(2) The law practice must keep the trust records—\n(a) in accordance with the regulations; and\n(b) in a way that at all times discloses the true position in relation to\ntrust money received for or on behalf of any person; and\n(c) in a way that enables the trust records to be conveniently and\nproperly investigated or externally examined; and\n(d) for a period prescribed by regulation.\n\n","sortOrder":229},{"sectionNumber":"233","sectionType":"section","heading":"False names in trust records etc","content":"233 False names in trust records etc\n(1) A law practice must not knowingly receive money or record receipt\nof money in the practice’s trust records under a false name.\n(2) If a person on whose behalf trust money is received by a law practice\nis commonly known by 2 or more names, the practice must ensure\nthat the practice’s trust records record all names by which the person\nis known.\n\nDivision 3.1.3 Investigations and external\nexaminations\nSubdivision 3.1.3.1 Investigations\n234 Appointment of investigators\n(1) The law society council may appoint a suitably qualified person to\ninvestigate the affairs or stated affairs of a law practice.\nnominating the occupant of a position (see s 207).\n(2) The appointment may be made generally or for the law practice stated\nin the instrument of, or evidencing the, appointment.\n(3) An appointment may be made subject to conditions—\n(a) stated in the instrument of appointment; or\n(b) stated in a written notice given by the law society council to the\ninvestigator during the term of appointment; or\n(c) prescribed by regulation.\n(4) The law society council may end the appointment of an investigator\nif the investigator breaches a condition of appointment.\n\n","sortOrder":230},{"sectionNumber":"235","sectionType":"section","heading":"Investigations","content":"235 Investigations\n(1) The instrument of, or evidencing the, appointment may authorise the\ninvestigator to conduct either or both of the following in relation to a\nlaw practice:\n(a) routine investigations on a regular or other basis;\n(b) investigations in relation to particular allegations or suspicions\nin relation to trust money, trust property, trust accounts or any\nother aspect of the affairs of the law practice.\n(2) The main purposes of an investigation are to find out whether the law\npractice has complied with or is complying with the requirements of\nthis part and to detect and prevent fraud or defalcation, but this\nsubsection does not limit the scope of the investigation or the powers\nof the investigator.\n236 Application of ch 6 to investigations\nChapter 6 (Investigations) applies to an investigation under this\nsubdivision.\n237 Investigator’s report\nAs soon as practicable after completing an investigation, the\ninvestigator must give a written report of the investigation to the law\n","sortOrder":231},{"sectionNumber":"238","sectionType":"section","heading":"Confidentiality by investigator etc","content":"238 Confidentiality by investigator etc\n\n(a) an investigator; or\n(b) acting under the direction or authority of an investigator; or\n(c) providing advice, expertise or assistance to an investigator.\nprotected information means information about a law practice or\nanother person that is disclosed to, or obtained by, a person to whom\nthis section applies (the relevant person) because of the exercise of a\nfunction under this Act by the relevant person or someone else.\n(i) makes a record of protected information about a law\n(ii) is reckless about whether the information is protected\ninformation about a law practice or another person; or\n(i) does something that divulges protected information about\na law practice or another person; and\n(A) the information is protected information about a law\n\n(a) under this Act or another territory law; or\nsection applies, under this Act or another territory law.\n(b) if relevant, to an associate of the practice; or\n(c) with the consent of the practice or person; or\n(d) if divulging the information is necessary for properly conducting\nan investigation and making the report of the investigation; or\n(e) as provided in section 557 (Permitted disclosure of confidential\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother territory law.\n","sortOrder":232},{"sectionNumber":"239","sectionType":"section","heading":"Costs of investigation","content":"239 Costs of investigation\n(1) The costs of an investigation are payable out of the fidelity fund.\n(2) However, the law society council may decide that all or part of the\ncosts of carrying out the investigation is payable to the law society\ncouncil, and decide the amount payable, if—\n(a) an investigator states in the investigator’s report that there is\nevidence that a breach of this Act has been committed or that a\ndefault (within the meaning of part 3.4 (Fidelity cover)) has\nhappened in relation to the law practice whose affairs are under\ninvestigation; and\n\n(b) the law society council is satisfied that the breach or default is\nintentional or of a substantial nature.\n(3) An amount decided by the law society council under subsection (2)\nis a debt owing to the law society council by the law practice whose\naffairs are under investigation.\n(4) A person may appeal to the Supreme Court against a decision of the\nlaw society council under subsection (2).\n","sortOrder":233},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"1.3.2 External examinations","content":"Subdivision 3.1.3.2 External examinations\n","sortOrder":234},{"sectionNumber":"240","sectionType":"section","heading":"Designation of external examiners","content":"240 Designation of external examiners\n(1) The law society council may, in writing, designate a person\n(a designated person) as being eligible to be appointed as an external\nexaminer.\n(2) Only designated people may be appointed as external examiners.\n(3) An employee or agent of the law society council may be a designated\nperson.\n","sortOrder":235},{"sectionNumber":"241","sectionType":"section","heading":"Trust records to be externally examined","content":"241 Trust records to be externally examined\n(1) A law practice must at least once in each financial year have its trust\nrecords externally examined by an external examiner appointed as\nrequired by regulation.\n(2) The law society council may appoint an external examiner to examine\na law practice’s trust records if the law society council is not\nsatisfied—\n(a) that the practice has had its trust records externally examined\nunder subsection (1); or\n\n(b) that an external examination of the practice’s trust records has\nbeen carried out as required by regulation.\n(3) This section has effect subject to any exemption under a regulation\nfrom the requirement to have trust records examined under this\nMaximum penalty: 50 penalty units\n","sortOrder":236},{"sectionNumber":"243","sectionType":"section","heading":"Designation and appointment of associates as external","content":"243 Designation and appointment of associates as external\nexaminers\n(1) The law society council may designate an associate of a law practice\nunder this subdivision only if the law society council is satisfied that\nit is appropriate to designate the associate.\n(2) However, an associate of a law practice cannot be appointed as an\nexternal examiner under this subdivision to examine the practice’s\ntrust records.\n","sortOrder":237},{"sectionNumber":"244","sectionType":"section","heading":"Final examination of trust records","content":"244 Final examination of trust records\n(1) This section applies if a law practice—\n(a) stops being authorised to receive trust money; or\n\n(b) stops engaging in legal practice in the ACT.\n(2) The law practice must appoint an external examiner to examine the\npractice’s trust records—\n(a) for the period since an external examination was last conducted;\nand\n(b) for each period after that, consisting of a completed period of 12\nmonths or any remaining partly completed period, during which\nthe practice continued to hold trust money.\n(3) The law practice must give the law society council—\n(a) a report of each examination under subsection (2) not later than\n60 days after the end of the period to which the examination\nrelates; and\n(b) a written notice not later than 60 days after the day it stops\nholding trust money.\n(2) or (3), the practitioner or practice commits an offence.\ncontravenes subsection (2) or (3), each principal of the practice\n(6) If an Australian legal practitioner dies, the practitioner’s legal\npersonal representative must comply with this section as if the\nrepresentative were the practitioner.\n(7) This section does not affect any other requirements under this part.\n\n","sortOrder":238},{"sectionNumber":"245","sectionType":"section","heading":"Examination of affairs in relation to examination of trust","content":"245 Examination of affairs in relation to examination of trust\nrecords etc\n(1) An external examiner appointed to examine a law practice’s trust\nrecords may examine the affairs of the practice for the purposes of\nand in relation to an examination of the trust records.\n(2) If the law practice is an incorporated legal practice or\nmultidisciplinary partnership, the reference in subsection (1) to the\naffairs of the practice includes the affairs of the legal practice or\npartnership or of an associate, so far as they are relevant to trust\nmoney, trust records and associated matters.\n(3) A reference in this subdivision and chapter 6 (Investigations) to trust\nrecords includes a reference to the affairs of a law practice that may\nbe examined under this section in an examination of the practice’s\ntrust records.\n","sortOrder":239},{"sectionNumber":"246","sectionType":"section","heading":"Carrying out examinations","content":"246 Carrying out examinations\n(1) Chapter 6 (Investigations) applies to an external examination under\nthis subdivision.\n(2) Subject to chapter 6, an external examination of trust records is to be\ncarried out in accordance with the regulations.\n(3) A regulation may provide for the following:\n(a) the standards to be adopted and the procedures to be followed\nby external examiners;\n(b) the form and content of an external examiner’s report on an\nexamination.\n","sortOrder":240},{"sectionNumber":"247","sectionType":"section","heading":"External examiner’s report","content":"247 External examiner’s report\nAs soon as practicable after completing an external examination, an\nexternal examiner must give a written report of the examination to the\nlaw society council.\n\n","sortOrder":241},{"sectionNumber":"248","sectionType":"section","heading":"Confidentiality by external examiner","content":"248 Confidentiality by external examiner\n(a) an external examiner; or\n(b) acting under the direction or authority of an external examiner;\nor\n(c) providing advice, expertise or assistance to an external\nexaminer.\nprotected information means information about a law practice or\nanother person that is disclosed to, or obtained by, a person to whom\nthis section applies (the relevant person) because of the exercise of a\nfunction under this Act by the relevant person or someone else.\n(i) makes a record of protected information about a law\n(ii) is reckless about whether the information is protected\ninformation about a law practice or another person; or\n(i) does something that divulges protected information about\na law practice or another person; and\n\n(A) the information is protected information about a law\n(a) under this Act or another territory law; or\nsection applies, under this Act or another territory law.\n(b) if relevant, to an associate of the practice; or\n(c) with the consent of the practice or person; or\n(d) if divulging the information is necessary for properly conducting\nan examination and making the report of an examination; or\n(e) to an investigator or a supervisor, manager or receiver appointed\n(f) as provided in section 557 (Permitted disclosure of confidential\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother territory law.\n\n","sortOrder":242},{"sectionNumber":"249","sectionType":"section","heading":"Costs of examination","content":"249 Costs of examination\n(1) The costs of an examination are payable—\n(a) for an examination under section 241 (1)—by the law practice\nthat appointed the external examiner; and\n(b) for an examination under section 241 (2)—out of the fidelity\n(2) However, for an examination under section 241 (2), the law society\ncouncil may decide—\n(a) that all or part of the costs of the examination are payable by the\nlaw practice to the law society council; and\n(b) the amount payable.\n(3) An amount decided by the law society council under subsection (2)\nis a debt owing to the licensing body by the law practice whose affairs\nwere examined.\n(4) Before seeking to recover the amount payable, the law society council\nmust give the law practice an information notice about the law society\ncouncil’s decision (including the amount decided by it as being\npayable).\n(5) A person may appeal to the Supreme Court against a decision of the\nlaw society council under subsection (2).\n","sortOrder":243},{"sectionNumber":"Div 3","sectionType":"division","heading":"1.4 Provisions relating to ADIs and","content":"Division 3.1.4 Provisions relating to ADIs and\nstatutory deposits\n","sortOrder":244},{"sectionNumber":"250","sectionType":"section","heading":"Approval of ADIs for pt 3.1","content":"250 Approval of ADIs for pt 3.1\n(1) The law society council may approve ADIs at which trust accounts to\nhold trust money may be kept.\n\n(2) The law society council may impose conditions, of the kinds\nprescribed by regulation, on an approval under this section, when the\napproval is given or during the currency of the approval, and may\namend or revoke any conditions imposed.\n(3) The law society council may revoke an approval given under this\n","sortOrder":245},{"sectionNumber":"251","sectionType":"section","heading":"ADI not subject to certain obligations and liabilities","content":"251 ADI not subject to certain obligations and liabilities\n(1) An ADI at which a trust account is kept by a law practice—\n(a) is not under any obligation to control or supervise transactions\nin relation to the account or to see to the application of amounts\ndisbursed from the account; and\n(b) does not have, in relation to any liability of the law practice to\nthe ADI, any recourse or right (whether by way of set-off\ncounterclaim, charge or otherwise) against amounts in the\naccount.\n(2) Subsection (1) does not relieve an ADI from any liability to which it\nis subject apart from this Act.\n","sortOrder":246},{"sectionNumber":"252","sectionType":"section","heading":"Reports, records and information by ADIs","content":"252 Reports, records and information by ADIs\n(1) An ADI commits an offence if—\n(a) a trust account is kept with the ADI; and\n(b) the ADI becomes aware of a deficiency in the account; and\n(c) the ADI fails to report the deficiency to the law society council\nas soon as practicable after becoming aware of the deficiency.\n(2) An ADI commits an offence if—\n(a) a trust account is kept with the ADI; and\n\n(b) the ADI has reason to believe that an offence has been\ncommitted in relation to the account; and\n(c) the ADI fails to report the belief to the law society council as\nsoon as practicable after forming it.\n(3) An ADI commits an offence if it fails to give the law society council\na report required by regulation about a trust account as required by\nthe regulation.\n(4) An ADI commits an offence if—\n(a) a trust account is kept with the ADI by a law practice; and\n(b) an investigator or external examiner produces to the ADI\nevidence of the appointment of the investigator or external\nexaminer in relation to the practice; and\n(c) the investigator or external examiner requires the ADI—\n(i) to produce for inspection or copying by the investigator or\nexternal examiner any records relating to the trust account\nor trust money deposited in the trust account; or\n(ii) to give the investigator or external examiner details of any\ntransactions relating to the trust account or trust money;\nand\n(6) Subsections (1) to (4) apply despite any legislation or duty of\nconfidence to the contrary.\n\n(7) An ADI or an officer or employee of an ADI is not liable for any loss\nor damage suffered by someone else because of—\n(a) the reporting of a deficiency under subsection (1); or\n(b) the making or giving of a report under subsection (2) or (3); or\n(c) the producing of records, or the giving of details, under\nsubsection (4).\n","sortOrder":247},{"sectionNumber":"253","sectionType":"section","heading":"Statutory deposits","content":"253 Statutory deposits\n(1) A regulation may require the following:\n(a) a law practice to pay amounts out of a general trust account of\nthe practice into an ADI account kept by the law society\n(a statutory deposit account);\n(b) the law society to pay interest on money in a statutory deposit\naccount into another ADI account kept by the law society\n(a statutory interest account).\n(2) A regulation may make provision in relation to the following:\n(a) the type of account to be kept by the law society;\n(b) payments to be made to the account;\n(c) the use of money in the account;\n(d) for a statutory interest account—the person entitled to interest\non the money in the account.\n(3) For subsection (2) (d), a regulation may require the ADI to pay\ninterest to the law society.\n(4) Subject to any regulation made under subsection (2) (c) or (d), the\nlaw society may, with the Attorney-General’s written consent given\neither generally or in a particular case, use money in a statutory\ninterest account—\n(a) to supplement from time to time the fidelity fund; and\n\n(b) to assist in the conduct of a scheme for the provision of legal aid\nand to provide funds to the legal aid commission; and\n(c) to pay or reimburse the amount of any costs and disbursements\nincurred by the law society council or bar council in relation\nto—\n(i) an investigation or proceeding under chapter 4 (including\ndeciding whether an investigation should be made or a\nproceeding should be started); or\n(ii) any other proceeding taken in the Supreme Court in\nrelation to a legal practitioner or an unqualified person\npractising as a legal practitioner (including deciding\nwhether such a proceeding should be started); and\n(d) to pay or reimburse the amount of any costs and disbursements\nincurred by the law society council or bar council in relation\nto—\n(i) making an objection to an application for admission\n(including deciding whether an objection should be made);\nor\n(ii) assisting the Supreme Court in relation to an application\nfor admission; and\n(e) to assist the law society council or bar council to facilitate a\nmediation under part 4.3; and\n(f) to assist in the conduct and maintenance of a course of training\nfor the practice of law; and\n(g) to pay the amount of any costs incurred by the law society in\nadministering amounts deposited with the law society under this\npart; and\n(h) to meet the costs of administering the account.\n\n(5) Subject to any regulation made under subsection (2) (c) or (d), the\nlaw society must, in accordance with the Attorney-General’s written\nrequest, pay an amount from the account to the ACAT trust account.\n(6) This section applies despite any other provision of this part.\n","sortOrder":248},{"sectionNumber":"254","sectionType":"section","heading":"Restrictions on receipt of trust money","content":"254 Restrictions on receipt of trust money\n(1) A law practice (other than an incorporated legal practice) must not\nreceive trust money unless a principal holds an Australian practising\ncertificate authorising the receipt of trust money.\n(2) If a law practice that is an Australian legal practitioner who is a sole\nsubsection (1) the practitioner or practice commits an offence.\n(3) If a law practice that is a law firm, or a multidisciplinary partnership,\ncontravenes subsection (1) each principal of the practice commits an\n(4) An incorporated legal practice commits an offence if—\n(a) the practice receives trust money; and\n(b) none of the following subparagraphs applies:\n(i) at least 1 legal practitioner director of the practice holds an\nAustralian practising certificate authorising the receipt of\ntrust money;\n\n(ii) a person is holding an appointment under section 109\n(Incorporated legal practice without legal practitioner\ndirector) in relation to the practice and the person holds an\nAustralian practising certificate authorising the receipt of\ntrust money;\n(iii) the money is received during a period during which the\n(A) does not have a legal practitioner director; and\n(B) is not in default of director requirements under\nsection 109;\nbut there was, immediately before the start of the period, at\nleast 1 legal practitioner director of the practice who held\nan Australian practising certificate authorising the receipt\nof trust money.\n(5) An offence against subsection (2), (3) or (4) is a strict liability\n","sortOrder":249},{"sectionNumber":"255","sectionType":"section","heading":"Application of pt 3.1 to incorporated legal practices and","content":"255 Application of pt 3.1 to incorporated legal practices and\n(1) The obligations imposed on law practices by this part, and any other\nprovisions of this Act relating to trust money and trust accounts, apply\nto an incorporated legal practice or multidisciplinary partnership only\nin relation to legal services provided by the practice or partnership.\n(2) A regulation may provide that prescribed provisions of this part, and\nany other provisions of this Act relating to trust money and trust\naccounts, do not apply to incorporated legal practices or\nmultidisciplinary partnerships or apply to them with prescribed\n\n","sortOrder":250},{"sectionNumber":"256","sectionType":"section","heading":"Application of pt 3.1 to community legal centres","content":"256 Application of pt 3.1 to community legal centres\nprovision of this Act relating to trust money and trust accounts, does\nnot apply to a complying community legal centre or applies with\nprescribed changes.\nof this Act relating to trust money and trust accounts, to a complying\ncommunity legal centre—\n(a) the obligations and rights of an Australian legal practitioner\nunder the provision extends to a complying community legal\ncentre that is a corporation, but only in relation to legal services\nprovided by the centre; and\n(b) money received by an Australian legal practitioner on behalf of\nsomeone else in the course of practising as an Australian legal\npractitioner includes money received by anyone who is an\nofficer or employee of, or whose services are used by, a\ncomplying community legal centre on behalf of someone else in\nthe course of providing legal services.\n","sortOrder":251},{"sectionNumber":"257","sectionType":"section","heading":"Disclosure—money not received as trust money","content":"257 Disclosure—money not received as trust money\n(1) If money entrusted to a law practice by a person is not trust money\nbecause it is money to which section 212 (Money involved in\nfinancial services or investments) applies or because of a\ndetermination under section 213 (Determinations about status of\nmoney), the law practice must give the person notice in accordance\nwith subsection (2) that—\n(a) the money is not trust money for this Act and is not subject to\nany supervision, investigation or audit requirements of this Act;\nand\n\n(b) a claim against the fidelity fund under this Act cannot be made\nin relation to the money.\n(2) Notice under subsection (1) must be given—\n(a) when the money is entrusted to the law practice; or\n(b) if a determination under section 213 that the money is not trust\nmoney is made after the money is entrusted to the law practice—\nnot later than 7 days after the day the determination is made.\n(3) A regulation may make provision in relation to the way notice must\nbe given and the contents of the notice.\n","sortOrder":252},{"sectionNumber":"258","sectionType":"section","heading":"Disclosure of accounts used to hold money entrusted to","content":"258 Disclosure of accounts used to hold money entrusted to\n(1) If a law practice or any legal practitioner associate of the law practice\nholds money entrusted to the law practice or legal practitioner\nassociate, the law practice must give the law society council the\ndetails required by regulation for each account of the law practice\nkept at an ADI in which the money is held.\n\n(2) This section applies whether or not the money is trust money and\nwhether or not section 212 (Money involved in financial services or\ninvestments) applies or a determination under section 213\n(Determinations about status of money) has been made in relation to\nthe money.\n","sortOrder":253},{"sectionNumber":"259","sectionType":"section","heading":"Unclaimed trust money","content":"259 Unclaimed trust money\n(1) If an amount of trust money held by a law practice becomes an\nunclaimed amount, the practice must pay the amount to the Territory,\nby paying it to the public trustee and guardian, not later than 1 month\nafter the day the amount becomes an unclaimed amount.\n(2) An amount of trust money held by a law practice becomes an\nunclaimed amount if—\n(a) the amount has been held by the practice for a period of 6 years\nduring which the practice has had no knowledge of the existence\nor address of the person on whose behalf the amount is held; or\n(b) the person on whose behalf the amount is held failed to accept\npayment of the amount when tendered.\nNote A person who claims to be entitled to an unclaimed amount that has been\npaid to the public trustee and guardian under this section may apply to\nthe public trustee for payment of the amount (see Unclaimed Money\nAct 1950, pt 5).\n\n","sortOrder":254},{"sectionNumber":"260","sectionType":"section","heading":"Regulations and legal profession rules—pt 3.1","content":"260 Regulations and legal profession rules—pt 3.1\nA regulation or the legal profession rules may make provision in\n(a) the establishment, keeping and closure of general trust accounts\nand controlled money accounting; and\n(b) the way of receiving, depositing, withdrawing, making records\nabout and otherwise dealing with an accounting for trust money;\nand\n(c) without limiting paragraph (a) or (b)—\n(i) the keeping and reconciliation of trust records; and\n(ii) the establishment and keeping of trust ledger accounts; and\n(iii) the establishment and keeping of records about controlled\nmoney and transit money; and\n(iv) the establishment and keeping of registers of powers and\nestates where trust money is involved; and\n(v) the recording of information about the investment of trust\nmoney; and\n(vi) the giving of statements about trust money; and\n(d) the notification to the law society council of information relating\ndirectly or indirectly to matters to which this part relates,\nincluding information about—\n(i) trust accounts, trust money and trust records; and\n(ii) the proposed or actual termination of a law practice that\nholds trust money; and\n(iii) the proposed or actual termination of engaging in legal\npractice in the ACT by a law practice that holds trust\nmoney; and\n\n(iv) the proposed or actual restructuring of the business of a law\npractice so that it no longer holds or no longer will hold\ntrust money; and\n(e) the creation and exercise of liens over trust money; and\n(f) providing exemptions, or for the giving of exemptions, from all\nor any requirements of this part.\n\nPreliminary—pt 3.2 Division 3.2.1\n","sortOrder":255},{"sectionNumber":"Part 3","sectionType":"part","heading":"2 Costs disclosure and","content":"Part 3.2 Costs disclosure and\nassessment\n","sortOrder":256},{"sectionNumber":"261","sectionType":"section","heading":"Definitions—pt 3.2","content":"261 Definitions—pt 3.2\nconditional costs agreement means a costs agreement that provides\nthat the payment of some or all of the legal costs is conditional on the\nsuccessful outcome of the matter to which the costs relate, as\nmentioned in section 283, but does not include a costs agreement to\nthe extent to which section 285 (1) (Contingency fees prohibited)\ncosts agreement means an agreement about the payment of legal\ncosts.\ncosts assessment means an assessment of legal costs under\ndisbursements includes outlays.\nitemised bill means a bill that states in detail how the legal costs are\nmade up in a way that would allow them to be assessed under\nlitigious matter means a matter that involves, or is likely to involve,\nthe issue of proceedings in a court or tribunal, and includes a matter\nat any time after—\n(a) proceedings have been started in a court or tribunal; or\n(b) if proceedings have not been started in a court or tribunal—\nproceedings in a court or tribunal have become likely.\nlump sum bill means a bill that describes the legal services to which\nit relates and states the total amount of the legal costs.\n\npublic authority means an entity established for a public purpose by\nor under a Territory law, or the law of the Commonwealth, a State or\nanother Territory.\nscale of costs means the scale of costs prescribed by rules made under\nthe Court Procedures Act 2004.\nsophisticated client means a client to whom, because of\nsection 272 (1) (c) or (d) (Exceptions to requirement for disclosure),\ndisclosure under section 269 (Disclosure of costs to client) or\nsection 270 (1) (Disclosure if another law practice is to be retained)\nis not, or was not, required.\nthird party payer—see section 261A.\nuplift fee means additional legal costs (excluding disbursements)\npayable under a costs agreement on the successful outcome of the\nmatter to which the agreement relates.\n","sortOrder":257},{"sectionNumber":"261A","sectionType":"section","heading":"Terms relating to third party payers","content":"261A Terms relating to third party payers\n(1) In this part:\n(a) a person is a third party payer, in relation to a client of a law\npractice if the person—\n(i) is not the client; and\n(ii) either—\n(A) is under a legal obligation to pay all or any part of the\nlegal costs for legal services provided to the client; or\n(B) being under that obligation, has paid all or a part of\nthe legal costs; and\n(b) a third party payer is an associated third party payer if the legal\nobligation mentioned in paragraph (a) is owed to the law\npractice, whether or not it is also owed to the client of someone\nelse; and\n\nApplication—pt 3.2 Division 3.2.2\n(c) a third party payer is a non-associated third party payer if the\nlegal obligation mentioned in paragraph (a) is owed to the client\nor someone else but not to the law practice.\n(2) The legal obligation mentioned in subsection (1) can arise by or under\ncontract or legislation.\n(3) A law practice that retains another law practice to act on behalf of a\nclient is not for that reason a third party payer in relation to the client.\n","sortOrder":258},{"sectionNumber":"262","sectionType":"section","heading":"Purposes—pt 3.2","content":"262 Purposes—pt 3.2\n(a) to provide for law practices to make disclosures to clients about\nlegal costs;\n(b) to regulate the making of costs agreements in relation to legal\nservices, including conditional costs agreements;\n(c) to regulate the billing of costs for legal services;\n(d) to provide a mechanism for the assessment of legal costs and the\nsetting aside of certain costs agreements.\n","sortOrder":259},{"sectionNumber":"263","sectionType":"section","heading":"Application of pt 3.2—first instructions rule","content":"263 Application of pt 3.2—first instructions rule\nThis part applies to a matter if the client first instructs the law practice\nin relation to the matter in the ACT.\n","sortOrder":260},{"sectionNumber":"264","sectionType":"section","heading":"Pt 3.2 also applies by agreement or at client’s election","content":"264 Pt 3.2 also applies by agreement or at client’s election\n(1) This part applies to a matter if—\n(i) this part does not currently apply to the matter; or\n\n(ii) it is not possible to decide the jurisdiction in which the\nclient first instructs the law practice in relation to the\nmatter; and\n(i) the legal services are or will be provided completely or\nprimarily in the ACT; or\n(ii) the matter has a substantial connection with the ACT;\nor both; and\n(c) either—\n(i) the client accepts, in writing or by other conduct, a written\noffer to enter into an agreement under subsection (2) (a) in\nrelation to the matter; or\n(ii) the client gives a notification under subsection (2) (b) in\nrelation to the matter.\n(2) For subsection (1) (c), the client may—\n(a) accept, in writing or by other conduct, a written offer that\ncomplies with subsection (3) to enter into an agreement with the\nlaw practice that this part is to apply to the matter; or\n(b) notify the law practice in writing that the client requires this part\nto apply to the matter.\n(3) An offer mentioned in subsection (2) (a) must clearly state—\n(a) that it is an offer to enter into an agreement that this part is to\napply to the matter; and\n(b) that the client may accept it in writing or by other conduct; and\n(c) the type of conduct that will constitute acceptance of the offer.\n\nApplication—pt 3.2 Division 3.2.2\n(4) A notification has no effect for subsection (2) (b) if it is given after\nthe period of 28 days after the day the law practice discloses to the\nclient (under a corresponding law) information about the client’s right\nto make a notification of that kind, but nothing in this subsection\nprevents an agreement mentioned in subsection (2) (a) from coming\ninto effect at any time.\n","sortOrder":261},{"sectionNumber":"265","sectionType":"section","heading":"Displacement of pt 3.2","content":"265 Displacement of pt 3.2\n(1) This section applies if this part applies to a matter because of\nsection 263 (Application of pt 3.2—first instructions rule) or\nsection 264 (Pt 3.2 also applies by agreement or at client’s election).\n(2) This part ceases to apply to the matter if—\n(i) the legal services are or will be provided completely or\nprimarily in another jurisdiction; or\n(ii) the matter has a substantial connection with another\njurisdiction;\nor both; and\n(i) the client enters under the corresponding law of the other\njurisdiction into an agreement with the law practice that the\ncorresponding provisions of the corresponding law apply\nto the matter; or\n(ii) the client notifies under the corresponding law of the other\njurisdiction (and within the time allowed by the\ncorresponding law) the law practice in writing that the\nclient requires the corresponding provisions of the\ncorresponding law to apply to the matter.\n(3) This section does not prevent the application of this part to the matter\nby means of a later agreement or notification under section 264.\n\n","sortOrder":262},{"sectionNumber":"266","sectionType":"section","heading":"How and where does a client first instruct a law practice?","content":"266 How and where does a client first instruct a law practice?\nA client first instructs a law practice in relation to a matter in a\nparticular jurisdiction if the law practice first receives instructions\nfrom or on behalf of the client in relation to the matter in that\njurisdiction, whether in person or by post, telephone, fax, email or\nother form of communication.\n","sortOrder":263},{"sectionNumber":"267","sectionType":"section","heading":"When does a matter have a substantial connection with","content":"267 When does a matter have a substantial connection with\nthe ACT?\nA regulation may prescribe the circumstances in which, or the rules\nto be used to decide whether, a matter has or does not have a\nsubstantial connection with the ACT for this part.\n","sortOrder":264},{"sectionNumber":"268","sectionType":"section","heading":"What happens when different laws apply to a matter?","content":"268 What happens when different laws apply to a matter?\n(1) This section applies if this part applies to a matter for a period and a\ncorresponding law applies for another period.\n(2) If this part applied to a matter for a period and a corresponding law\napplies to the matter afterwards, this part continues to apply in\nrelation to legal costs (if any) incurred while this part applied to the\nmatter.\n(3) If a corresponding law applied to a matter for a period and this part\napplies to the matter afterwards, this part does not apply in relation to\nlegal costs (if any) incurred while the corresponding law applied to\nthe matter, so long as the corresponding law continues to apply in\nrelation to the costs.\n\n(4) However—\n(a) the client may enter into a written agreement with the law\npractice that the cost assessment provisions of this part are to\napply in relation to all legal costs incurred in relation to the\nmatter, and division 3.2.7 (Costs assessment) accordingly\napplies in relation to the costs; or\n(b) the client may enter into a written agreement with the law\npractice that the cost assessment provisions of a corresponding\nlaw are to apply in relation to all legal costs incurred in relation\nto the matter, and division 3.2.7 accordingly does not apply in\nrelation to the costs.\n(5) A written agreement mentioned in subsection (4) need not be signed\nby the client but in that case the client’s acceptance must be\ncommunicated to the law practice by fax, email or other written form.\n(6) If a corresponding law applied to a matter for a period and this part\napplies to the matter afterwards, this part does not require disclosure\nof any matters to the extent that they have already been disclosed\nunder a corresponding law.\n(7) This section has effect despite any other provisions of this part.\n","sortOrder":265},{"sectionNumber":"269","sectionType":"section","heading":"Disclosure of costs to clients","content":"269 Disclosure of costs to clients\n(1) A law practice must disclose to a client in accordance with this\ndivision—\n(a) the basis on which legal costs will be worked out, including\nwhether a scale of costs applies to any of the legal costs; and\n(b) the client’s right to—\n(i) negotiate a costs agreement with the law practice; and\n(ii) receive a bill from the law practice; and\n\n(iii) request an itemised bill if the client receives a lump sum\nbill for more than the threshold amount; and\n(iv) be notified under section 276 (Ongoing obligation to\ndisclose etc) of any substantial change to the matters\ndisclosed under this section; and\n(c) that the client is not entitled to request an itemised bill if the bill\nis for an amount equal to or less than the threshold amount; and\n(d) an estimate of the total legal costs, if reasonably practicable or,\nif it is not reasonably practicable to estimate the total legal costs,\na range of estimates of the total legal costs and an explanation\nof the major variables that will affect the working out of the\ncosts; and\n(e) details of the intervals (if any) at which the client will be billed;\nand\n(f) the rate of interest (if any) that the law practice charges on\nunpaid legal costs, whether the rate is a specific rate of interest\nor is a benchmark rate of interest; and\nNote For interest a law practice may charge on unpaid legal costs, see\ns 281 (Interest on unpaid legal costs).\n(g) if the matter is a litigious matter, an estimate of—\n(i) the range of costs that may be recovered if the client is\nsuccessful in the litigation; and\n(ii) the range of costs the client may be ordered to pay if the\nclient is unsuccessful; and\n(h) the client’s right to progress reports in accordance with\nsection 278 (Progress reports); and\n(i) details of the person whom the client may contact to discuss the\nlegal costs; and\n\n(j) the following avenues that are open to the client if there is a\ndispute in relation to legal costs:\n(i) costs assessment under division 3.2.7;\n(ii) the setting aside of a costs agreement under section 288\n(Setting aside costs agreements); and\n(k) any time limits that apply to the taking of any action mentioned\nin paragraph (j); and\n(l) that ACT law applies to legal costs in relation to the matter; and\n(m) information about the client’s right—\n(i) to accept under a corresponding law a written offer to enter\ninto an agreement with the law practice that the\ncorresponding provisions of the corresponding law apply\nto the matter; or\n(ii) to notify under a corresponding law (and within the time\nallowed by the corresponding law) the law practice in\nwriting that the client requires the corresponding\nprovisions of the corresponding law to apply to the matter.\nNote The client’s right to enter into an agreement or give a notification as\nmentioned in par (m) will be under provisions of the law of the other\njurisdiction that correspond to s 264 (Pt 3.2 also applies by agreement or\nat client’s election).\n(2) For subsection (1) (f), a benchmark rate of interest is a rate of interest\nfor the time being equal to or worked out by reference to a rate of\ninterest that is specified or determined by an ADI or another entity\nand that is publicly available.\n\n(3) A regulation may make provision in relation to the use of benchmark\nrates of interest, and in particular in relation to permitting, regulating\nor preventing the use of particular benchmark rates.\n(4) For subsection (1) (g), the disclosure must include—\n(a) a statement that an order by a court for the payment of costs in\nfavour of the client will not necessarily cover all of the client’s\nlegal costs; and\n(b) if applicable, a statement that disbursements may be payable by\nthe client even if the client enters a conditional costs agreement.\n(5) A law practice may disclose any or all of the details mentioned in\nsubsection (1) (b) (i) to (iii), (h), (j), (k) and (m) in a form approved\nby the law society council under section 587 and if it does so at the\ntime the other details are disclosed as required by this section the\npractice is taken to have complied with this section in relation to the\ndetails disclosed.\nthreshold amount—see section 292 (10).\n","sortOrder":266},{"sectionNumber":"270","sectionType":"section","heading":"Disclosure if another law practice is to be retained","content":"270 Disclosure if another law practice is to be retained\n(1) If a law practice intends to retain another law practice on behalf of a\nclient, the first law practice must disclose to the client the details\nmentioned in section 269 (1) (a), (d), and (e) (Disclosure of costs to\nclients) in relation to the other law practice, in addition to any\ninformation required to be disclosed to the client under section 269.\n\n(2) A law practice retained or to be retained on behalf of a client by\nanother law practice is not required to make disclosure to the client\nunder section 269, but must disclose to the other law practice the\ninformation necessary for the other law practice to comply with\nsubsection (1).\nA barrister is retained by a law firm on behalf of a client of the firm. The barrister\nmust disclose to the firm details of the barrister’s legal costs and billing\narrangements and the firm must disclose the details to the client. However, the\nbarrister is not required to make a disclosure directly to the client.\n(3) This section does not apply if the first law practice ceases to act for\nthe client in the matter when the other law practice is retained.\n","sortOrder":267},{"sectionNumber":"271","sectionType":"section","heading":"How and when must disclosure be made to a client?","content":"271 How and when must disclosure be made to a client?\n(1) Disclosure under section 269 (Disclosure of costs to clients) must be\nmade in writing before, or as soon as practicable after, the law\npractice is retained in the matter.\n(2) Disclosure under section 270 (1) (Disclosure if another law practice\nis to be retained) must be made in writing before, or as soon as\npracticable after, the other law practice is retained.\n(3) Disclosure made to a person before the law practice is retained in a\nmatter is taken to be disclosure to the person as a client for section 269\nand section 270.\n","sortOrder":268},{"sectionNumber":"272","sectionType":"section","heading":"Exceptions to requirement for disclosure","content":"272 Exceptions to requirement for disclosure\n(1) Disclosure under section 269 (Disclosure of costs to clients) or\nsection 270 (1) (Disclosure if another law practice is to be retained)\nis not required to be made in any of the following circumstances:\n(a) if the total legal costs in the matter, excluding disbursements,\nare not likely to exceed $1 500 (exclusive of GST) or, if a higher\namount is prescribed by regulation, the higher amount;\n\n(b) if—\n(i) the client has received 1 or more disclosures under section\n269 or section 270 (1) from the law practice in the previous\n12 months; and\n(ii) the client has agreed in writing to waive the right to\ndisclosure; and\n(iii) a principal of the law practice decides on reasonable\ngrounds that, having regard to the nature of the previous\ndisclosures and the relevant circumstances, the further\ndisclosure is not justified;\n(c) if the client is—\n(i) a law practice or an Australian legal practitioner; or\n(ii) a public company, a subsidiary of a public company, a\nlarge proprietary company, a foreign company, a\nsubsidiary of a foreign company or a registered Australian\nbody (each within the meaning of the Corporations Act);\nor\n(iii) a financial services licensee (within the meaning of the\nCorporations Act); or\n(iv) a liquidator, administrator or receiver (as respectively\nmentioned in the Corporations Act); or\n(v) a partnership that carries on the business of providing\nprofessional services if the partnership consists of more\nthan 20 members or if the partnership would be a large\nproprietary company (within the meaning of the\nCorporations Act) if it were a company; or\n(vi) a proprietary company (within the meaning of the\nCorporations Act) formed for the purpose of carrying out a\njoint venture, if any shareholder of the company is a person\nto whom disclosure of costs is not required; or\n\n(vii) an unincorporated group of participants in a joint venture,\nif any member of the group is a person to whom disclosure\nof costs is not required and if any other member of the\ngroup who is not someone to whom disclosure of costs is\nnot required has indicated that the member waives the right\nto disclosure; or\n(viii) a Minister of a jurisdiction or the Commonwealth acting in\nthe Minister’s official capacity, or a government\ndepartment or public authority of a jurisdiction or the\nCommonwealth;\n(d) if the legal costs or the basis on which they will be worked out\nhas been agreed following a tender process;\n(e) if the client will not be required to pay the legal costs or they\nwill not otherwise be recovered by the law practice;\n(f) in any circumstances prescribed by regulation.\nExample for par (e)\na law practice acting in a matter on a pro bono basis\n(2) Despite subsection (1) (a), if a law practice becomes aware that the\ntotal legal costs are likely to exceed $1 500 (exclusive of GST) or, if\na higher amount is prescribed by regulation, the higher amount, the\nlaw practice must disclose the matters in section 269 or\nsection 270 (1) to the client as soon as practicable.\n(3) A law practice must ensure that a written record of a principal’s\ndecision that further disclosure in a matter is not justified as\nmentioned in subsection (1) (b) is made and kept with the files\nrelating to the matter.\n(4) The reaching of a decision mentioned in subsection (3) otherwise than\non reasonable grounds can be unsatisfactory professional conduct or\nprofessional misconduct on the part of the principal.\n\n(5) This section does not affect or take away from a client’s right—\n(a) to progress reports in accordance with section 278 or\nsection 270 (1); or\n(b) to obtain reasonable information from the law practice in\nrelation to any of the matters mentioned in section 269 or\nsection 270 (1); or\n(c) to negotiate a costs agreement with a law practice and to obtain\na bill from the law practice.\n","sortOrder":269},{"sectionNumber":"273","sectionType":"section","heading":"Additional disclosure—settlement of litigious matters","content":"273 Additional disclosure—settlement of litigious matters\n(1) If a law practice negotiates the settlement of a litigious matter on\nbehalf of a client, the practice must disclose to the client, before the\nsettlement is executed—\n(a) a reasonable estimate of the amount of legal costs payable by the\nclient if the matter is settled (including any legal costs of another\nparty that the client is to pay); and\n(b) a reasonable estimate of any contributions towards the costs\nlikely to be received from another party.\n(2) A law practice retained on behalf of a client by another law practice\nis not required to make a disclosure to the client under subsection (1),\nif the other law practice makes the disclosure to the client before the\nsettlement is executed.\n","sortOrder":270},{"sectionNumber":"274","sectionType":"section","heading":"Additional disclosure—uplift fees","content":"274 Additional disclosure—uplift fees\n(1) If a costs agreement involves an uplift fee, the law practice must\ndisclose to the client in writing, before entering the agreement—\n(a) the uplift fee (or the basis for working out the uplift fee); and\n(b) the reasons why the uplift fee is justified.\n\n(2) The disclosure under subsection (1) is in addition to any information\nrequired to be disclosed to the client under section 269 (Disclosure of\ncosts to client).\n(3) A law practice is not required to make a disclosure under\nsubsection (1) to a sophisticated client.\n","sortOrder":271},{"sectionNumber":"275","sectionType":"section","heading":"Form of disclosure","content":"275 Form of disclosure\n(1) Written disclosures to a client under this division—\n(a) must be expressed in clear plain language; and\n(b) may be in a language other than English if the client is more\nfamiliar with that language.\n(2) If the law practice is aware that the client cannot read, the practice\nmust arrange for the information required to be given to a client under\nthis division to be given orally to the client in addition to giving the\nwritten disclosure.\n","sortOrder":272},{"sectionNumber":"276","sectionType":"section","heading":"Ongoing obligation to disclose etc","content":"276 Ongoing obligation to disclose etc\n(1) A law practice must tell the client in writing of any substantial change\nto anything included in a disclosure under this division as soon as is\nreasonably practicable after the practice becomes aware of the\nchange.\n(2) The legal profession rules may require a law practice to make other\ndisclosures to a client.\n\n","sortOrder":273},{"sectionNumber":"277","sectionType":"section","heading":"Effect of failure to disclose","content":"277 Effect of failure to disclose\n(1) If a law practice does not disclose to a client or an associated third\nparty payer anything required by this division to be disclosed, the\nclient or associated third party payer (as the case may be) need not\npay the legal costs unless they have been assessed under\nNote Under s 302 (Costs of costs assessment), the costs of an assessment in\nthese circumstances are generally payable by the law practice.\n(2) A law practice that does not disclose to a client or an associated third\nparty payer anything required by this division to be disclosed may not\nbring a proceeding against the client or associated third party payer\n(as the case may be) for the recovery of legal costs unless the costs\nhave been assessed under division 3.2.7.\n(3) If a law practice does not disclose to a client or an associated third\nparty payer anything required by this division to be disclosed and the\nclient or associated third party payer has entered into a costs\nagreement with the law practice, the client or associated third party\npayer may also apply under section 288 (Setting aside costs\nagreements) for the costs agreement to be set aside.\n(4) If a law practice does not disclose to a client or an associated third\nparty payer anything required by this division to be disclosed, the\namount of the costs may, on an assessment of the relevant legal costs,\nbe reduced by an amount considered by the Supreme Court to be\nproportionate to the seriousness of the failure to disclose.\n\n(5) If a law practice retains another law practice on behalf of a client and\nthe first law practice fails to disclose something to the client only\nbecause the retained law practice failed to disclose relevant\ninformation to the first law practice as required by section 270 (2)\n(Disclosure if another law practice is to be retained), subsections (1)\nto (4)—\n(a) do not apply to the legal costs owing to the first law practice on\naccount of legal services provided by it, to the extent that the\nnon-disclosure by the first law practice was caused by the failure\nof the retained law practice to disclose the relevant information;\nand\n(b) do apply to the legal costs owing to the retained law practice;\n(6) In a matter involving both a client and an associated third party payer,\nif disclosure has been made to 1 of them but not the other—\n(a) subsection (1) does not affect the liability of the person to whom\ndisclosure was made to pay the legal costs; and\n(b) subsection (2) does not prevent proceedings being maintained\nagainst the person to whom the disclosure was made for the\nrecovery of the legal costs.\n(7) Failure by a law practice to comply with this division can be\nunsatisfactory professional conduct or professional misconduct on\nthe part of any Australian legal practitioner or Australian-registered\nforeign lawyer involved in the failure.\n","sortOrder":274},{"sectionNumber":"278","sectionType":"section","heading":"Progress reports","content":"278 Progress reports\n(1) A law practice must give a client, on reasonable request—\n(a) a written report of the progress of the matter in which the law\npractice is retained; and\n(b) a written report of the legal costs incurred by the client to date,\nor since the last bill (if any), in the matter.\n\n(2) A law practice may charge a client a reasonable amount for a report\nunder subsection (1) (a) but must not charge a client for a report under\nsubsection (1) (b).\n(3) A law practice retained on behalf of a client by another law practice\nis not required to give a report to the client under subsection (1), but\nmust disclose to the other law practice any information necessary for\nthe other law practice to comply with that subsection.\n(4) Subsection (3) does not apply if the other law practice stops acting\nfor the client in the matter when the law practice is retained.\n","sortOrder":275},{"sectionNumber":"278A","sectionType":"section","heading":"Disclosure to associated third party payers","content":"278A Disclosure to associated third party payers\n(1) If a law practice is required to make a disclosure to a client of the\npractice under this division, the practice must, in accordance with\nsubsections (2) and (3), also make the same disclosure to any\nassociated third party payer for the client, but only to the extent that\nthe details of matters disclosed are relevant to the associated third\nparty payer and relate to costs that are payable by the associated third\nparty payer in relation to legal services provided to the client.\n(2) The disclosure must be made in writing—\n(a) at the time the disclosure to the client is required under this\ndivision; or\n(b) if the law practice only afterwards becomes aware of the legal\nobligation of the associated third party payer to pay legal costs\nof the client—as soon as practicable after the practice became\naware of the obligation.\n(3) Section 275 (Form of disclosure) applies to a disclosure under this\nsection in the same way as it applies to a client.\n\nLegal costs generally Division 3.2.4\n(4) An associated third party payer for a client of a law practice has the\nsame right as the client to obtain reports under section 278 (Progress\nreports) of legal costs incurred by the client, but only to the extent\nthat the costs are payable by the associated third party payer in\nrelation to legal services provided to the client.\n","sortOrder":276},{"sectionNumber":"279","sectionType":"section","heading":"On what basis are legal costs recoverable?","content":"279 On what basis are legal costs recoverable?\nSubject to division 3.2.2 (Application—pt 3.2), legal costs are\nrecoverable—\n(a) under a costs agreement made in accordance with division 3.2.5\nor the corresponding provisions of a corresponding law; or\n(b) if paragraph (a) does not apply—in accordance with an\napplicable scale of costs; or\n(c) if neither paragraph (a) nor (b) applies—according to the fair\nand reasonable value of the legal services provided.\nNote See s 300 (2) for the criteria that are to be applied on a costs assessment\nto decide whether legal costs are fair and reasonable.\n","sortOrder":277},{"sectionNumber":"280","sectionType":"section","heading":"Security for legal costs","content":"280 Security for legal costs\nA law practice may take reasonable security from a client for legal\ncosts (including security for the payment of interest on unpaid legal\ncosts), and may refuse to act or stop acting for a client who does not\nprovide reasonable security.\n\n","sortOrder":278},{"sectionNumber":"281","sectionType":"section","heading":"Interest on unpaid legal costs","content":"281 Interest on unpaid legal costs\n(1) A law practice may charge interest on unpaid legal costs if the costs\nare unpaid for 30 days or longer after the day the practice gave a bill\nfor the costs in accordance with this part.\nA law practice gives a client a bill for costs on 1 May 2008. The bill remains unpaid\non 1 June 2008, that is, for longer than 30 days after the day the practice gave the\nclient the bill. The law practice may charge interest on those costs for the period\nthat the costs remain unpaid, beginning on 2 May 2008.\n(2) A law practice may also charge interest on unpaid legal costs in\naccordance with a costs agreement.\n(3) A law practice must not charge interest on unpaid legal costs under\nsubsection (1) or (2) unless the bill for the costs states—\n(a) that interest is payable on unpaid costs; and\n(b) the rate of interest; and\n(c) for interest payable in accordance with a costs agreement—that\nthe interest is payable under the agreement.\n(4) Interest charged under subsection (1) or (2) must not exceed—\n(a) if a rate is prescribed by regulation—that rate; or\n(b) if a rate is not prescribed by regulation—the rate applying under\nthe Court Procedures Rules 2006, schedule 2, part 2.2 (Interest\nafter judgment).\n(5) Subsection (1) applies to a bill of costs given in the form of a lump\nsum bill even if the client later requests or is later given an itemised\nbill.\nNote A person may request an itemised bill not later than 90 days after the\nperson receives a lump sum bill (see s 292).\n\n","sortOrder":279},{"sectionNumber":"282","sectionType":"section","heading":"Making costs agreements","content":"282 Making costs agreements\n(1) A costs agreement may be made—\n(a) between a client and a law practice retained by the client; or\n(b) between a client and a law practice retained on behalf of the\nclient by another law practice; or\n(c) between a law practice and another law practice that retained\nthat law practice on behalf of a client; or\n(d) between a law practice and an associated third party payer.\n(2) A costs agreement must be written or evidenced in writing.\n(3) A costs agreement may consist of a written offer in accordance with\nsubsection (4) that is accepted in writing or by other conduct.\nNote Acceptance by other conduct is not permitted for conditional costs\nagreements (see s 283 (3) (c) (i)).\n(4) The offer must clearly state—\n(a) that it is an offer to enter into a costs agreement; and\n(b) that the offer can be accepted in writing or by other conduct; and\n(c) the kind of conduct that will be acceptance.\nExample for par (c)\ncontinuing to instruct the law practice in the matter after receiving the offer\n(5) Except as provided by section 300A (Assessment of costs by\nreference to costs agreement), a costs agreement cannot provide that\nthe legal costs to which it relates are not subject to costs assessment\nunder division 3.2.7.\nNote If it attempts to do so, the costs agreement will be void (see s 287 (1)).\n\n(6) A reference in section 288 (Setting aside costs agreements) and in any\nprescribed provisions of this part to a client is, in relation to a costs\nagreement that is entered into between a law practice and an\nassociated third party payer as mentioned in subsection (1) (d) and to\nwhich a client of the law practice is not a party, a reference to the\nassociated third party payer.\n","sortOrder":280},{"sectionNumber":"283","sectionType":"section","heading":"Conditional costs agreements","content":"283 Conditional costs agreements\n(1) A costs agreement may provide that the payment of some or all of the\nlegal costs is conditional on the successful outcome of the matter to\nwhich the costs relate.\nNote 1 This is a conditional costs agreement (see s 261, def conditional costs\nagreement).\nNote 2 The Civil Law (Wrongs) Act 2002, pt 14.1 (Maximum costs for certain\npersonal injury damages claims) and pt 14.2 (Costs in damages claims if\nno reasonable prospects of success) contain limitations on legal costs.\n(2) A conditional costs agreement may relate to any matter, except a\nmatter that involves a criminal proceeding or a proceeding under the\nFamily Law Act 1975 (Cwlth).\n(3) A conditional costs agreement—\n(a) must set out the circumstances that constitute the successful\noutcome of the matter to which it relates; and\n(b) may provide for disbursements to be paid irrespective of the\noutcome of the matter; and\n(c) must be—\n(i) in writing; and\n(ii) in clear plain language; and\n(iii) signed by the client; and\n\n(d) must contain a statement that the client has been told of the\nclient’s right to seek independent legal advice before entering\ninto the agreement; and\n(e) must contain a cooling-off period of not less than 5 business\ndays during which the client may, by written notice, terminate\nthe agreement.\n(4) Subsection (3) (c) (iii), (d) and (e) do not apply to a conditional costs\nagreement made under section 282 (1) (c) (which are costs\nagreements between law practices).\n(5) Subsection (3) (c) (iii), (d) and (e) also do not apply to a conditional\ncosts agreement made with a sophisticated client.\n(6) If a client terminates a conditional costs agreement within the period\nmentioned in subsection (3) (e), the law practice—\n(a) may recover only the legal costs in relation to legal services\nperformed for the client before the termination that were\nperformed on the instructions of the client and with the client’s\nknowledge that the legal services would be performed during the\nperiod; and\n(b) without limiting paragraph (a), may not recover the uplift fee (if\nany).\n","sortOrder":281},{"sectionNumber":"284","sectionType":"section","heading":"Conditional costs agreements involving uplift fees","content":"284 Conditional costs agreements involving uplift fees\n(1) A conditional costs agreement may provide for the payment of an\nuplift fee.\nNote The Civil Law (Wrongs) Act 2002, pt 14.1 (Maximum costs for certain\npersonal injury damages claims) and pt 14.2 (Costs in damages claims if\nno reasonable prospects of success) contain limitations on legal costs.\n(2) The basis for working out the uplift fee must be separately identified\nin the agreement.\n\n(3) The agreement must contain an estimate of the uplift fee or, if that is\nnot reasonably practicable—\n(a) a range of estimates of the uplift fee; and\n(b) an explanation of the major variables that will affect the amount\nof the uplift fee.\n(4) If a conditional costs agreement relates to a litigious matter—\n(a) the agreement must not provide for the payment of an uplift fee\nunless the law practice has a reasonable belief that a successful\noutcome of the matter is reasonably likely; and\n(b) the uplift fee must not exceed 25% of the legal costs (excluding\ndisbursements) otherwise payable.\n(5) A law practice must not enter into a costs agreement in contravention\nof this section.\n(6) If a law practice that is an Australian legal practitioner who is a sole\nsubsection (5), the practitioner or practice commits an offence.\n(7) If a law practice that is a law firm, or a multidisciplinary partnership,\ncontravenes subsection (5), each principal of the practice commits an\nlaw practice (see s 307 (Liability of principals of law practices under\npt 3.2)).\n\n","sortOrder":282},{"sectionNumber":"285","sectionType":"section","heading":"Contingency fees prohibited","content":"285 Contingency fees prohibited\n(1) A law practice must not enter into a costs agreement under which the\namount payable to the practice, or any part of that amount, is worked\nout by reference to the amount of any award or settlement or the value\nof any property that may be recovered in any proceeding to which the\nagreement relates.\n(2) Subsection (1) does not apply to the extent that the costs agreement\nadopts an applicable scale of costs.\nlaw practice (see s 307 (Liability of principals of law practices under\npt 3.2)).\n","sortOrder":283},{"sectionNumber":"286","sectionType":"section","heading":"Effect of costs agreement","content":"286 Effect of costs agreement\n(1) Subject to this division and division 3.2.7 (Costs assessment), a costs\nagreement may be enforced in the same way as any other contract.\n(2) Mediation may be used to resolve a dispute over an amount claimed\nto be payable to a law practice under a costs agreement.\n\n","sortOrder":284},{"sectionNumber":"287","sectionType":"section","heading":"Certain costs agreements void","content":"287 Certain costs agreements void\n(1) A costs agreement that contravenes, or is entered into in\ncontravention of, any provision of this division is void.\n(2) Subject to this section and division 3.2.7 (Costs assessment), legal\ncosts under a void costs agreement are recoverable as set out in\nsection 279 (b) or (c) (On what basis are legal costs recoverable?).\n(3) However, a law practice is not entitled to recover any amount in\nexcess of the amount that the practice would have been entitled to\nrecover if the costs agreement had not been void and must repay any\nexcess amount received.\n(4) A law practice that has entered into a costs agreement in\ncontravention of section 284 (Conditional costs agreements involving\nuplift fees) is not entitled to recover the uplift fee or any part of it and\nmust repay any amount received in relation to the uplift fee to the\nperson from whom it was received.\n(5) A law practice that has entered into a costs agreement in\ncontravention of section 285 (Contingency fees prohibited) is not\nentitled to recover any amount in relation to the provision of legal\nservices in the matter to which the costs agreement related and must\nrepay any amount received in relation to the services to the person\nfrom whom it was received.\nNote An amount that is required to be repaid under s (3), (4) or (5) may be\nrecovered as a debt in a court of competent jurisdiction or the ACAT (see\nLegislation Act, s 177).\n\n","sortOrder":285},{"sectionNumber":"288","sectionType":"section","heading":"Setting aside costs agreements or provisions of costs","content":"288 Setting aside costs agreements or provisions of costs\nagreements\n(1) On application by a client who is a party to a costs agreement with a\nlaw practice, the Supreme Court may order that the agreement or a\nprovision of the agreement be set aside if satisfied that the agreement\nor provision is not fair or reasonable.\nNote Section 277 (3) also allows a client to apply under this section for an order\nsetting aside a costs agreement if the law practice concerned has failed to\ndisclose to the client anything required by div 3.2.3 to be disclosed.\n(2) The Supreme Court may set aside—\n(a) a provision only of a costs agreement even though the client has\napplied for the whole agreement to be set aside; or\n(b) the whole of a costs agreement even though the client has\napplied only to have a provision of the agreement set aside.\n(3) In deciding whether or not a costs agreement is fair or reasonable, the\nSupreme Court may have regard to any or all of the following matters:\n(a) whether the client was induced to enter into the agreement by\nthe fraud or misrepresentation of the law practice or of any\nrepresentative of the practice;\n(b) whether any Australian legal practitioner or\nAustralian-registered foreign lawyer acting on behalf of the law\npractice has been found guilty of unsatisfactory professional\nconduct or professional misconduct in relation to the provision\nof legal services to which the agreement relates;\n(c) whether the law practice failed to make any of the disclosures\nrequired under division 3.2.3 (Costs disclosure);\n(d) the circumstances and conduct of the parties before and when\nthe agreement was made;\n(e) the circumstances and conduct of the parties in the matter after\nthe agreement was made;\n\n(f) whether and how the agreement addresses the effect on costs of\nmatters and changed circumstances that might foreseeably arise\nand affect the extent and nature of legal services provided under\nthe agreement;\n(g) whether and how billing under the agreement addresses changed\ncircumstances affecting the extent and nature of legal services\nprovided under the agreement;\n(h) any other relevant matter.\n(4) The Supreme Court may adjourn the hearing of an application under\nthis section until the completion of any investigation or determination\nof any information in relation to the conduct of any Australian legal\npractitioner or Australian-registered foreign lawyer.\n(5) If the Supreme Court orders that a costs agreement or a provision of\na costs agreement be set aside, it may make an order in relation to the\npayment of legal costs the subject of the agreement or the provision\nof the agreement.\n(6) In making an order under subsection (5), the Supreme Court must\ndecide the fair and reasonable legal costs in relation to the work to\nwhich the agreement or the provision of the agreement related, taking\ninto account—\n(a) the seriousness of the conduct of the law practice or any\nlawyer acting on its behalf; and\n(b) whether or not it was reasonable to carry out the work; and\n(c) whether or not the work was carried out in a reasonable way.\n(7) In making an order under subsection (5), the Supreme Court must not\norder the payment of an amount in excess of the amount that the law\npractice would have been entitled to recover if the costs agreement or\nthe provision of the costs agreement had not been set aside.\n\n(8) For subsection (5), the Supreme Court may have regard to any or all\nof the following matters:\n(a) whether the law practice and any Australian legal practitioner or\nAustralian-registered foreign lawyer acting on its behalf\ncomplied with this Act;\n(b) any disclosures made by the law practice under division 3.2.3\n(Costs disclosure), or the failure to make any disclosures\nrequired under that division;\n(c) any relevant advertisement about—\n(i) the law practice’s costs; or\n(ii) the skills of the law practice or of any Australian legal\npractitioner or Australian-registered foreign lawyer acting\non its behalf;\n(d) the skill, labour and responsibility displayed on the part of the\nlawyer responsible for the matter;\n(e) the retainer and whether the work done was within the scope of\nthe retainer;\n(f) the complexity, novelty or difficulty of the matter;\n(g) the quality of the work done;\n(h) the place where, and circumstances in which, the work was\ndone;\n(i) the time within which the work was required to be done;\n(j) any other relevant matter.\nExample—par (j)\na scale of costs\n\n(9) The Supreme Court may decide whether or not a costs agreement\nexists.\n(10) The Supreme Court may order the payment of the costs of and\nincidental to a hearing under this section.\nclient means a person to whom or for whom legal services are or have\nbeen provided.\nNote See also s 282 (6) which extends the application of this section to\nassociated third party payers.\n","sortOrder":286},{"sectionNumber":"289","sectionType":"section","heading":"Legal costs cannot be recovered unless bill has been","content":"289 Legal costs cannot be recovered unless bill has been\ngiven\n(1) A law practice must not start a legal proceeding to recover legal costs\nfrom a person until at least 30 days after the day the practice has given\na bill to the person in accordance with section 290 (Bills) and\nsection 291 (Notification of client’s rights).\n(2) A court of competent jurisdiction may make an order authorising a\nlaw practice to start a legal proceeding against a person sooner if\n(a) the practice has given a bill to the person in accordance with\nsection 290 and section 291; and\n(b) the person is about to leave the ACT.\n(3) A court or tribunal before which any proceeding is brought in\ncontravention of subsection (1) must stay the proceeding on the\napplication of a party, or on its own initiative.\n(4) This section applies whether or not the legal costs are the subject of a\ncosts agreement.\n\nBilling Division 3.2.6\n","sortOrder":287},{"sectionNumber":"290","sectionType":"section","heading":"Bills","content":"290 Bills\n(1) A bill may be in the form of a lump sum bill or itemised bill.\n(2) A bill must be signed on behalf of a law practice by an Australian\nlegal practitioner or an employee of the law practice.\n(3) It is sufficient compliance with subsection (2) if a letter signed on\nbehalf of a law practice by an Australian legal practitioner or an\nemployee of the law practice is attached to, or enclosed with, the bill.\n(4) A bill or letter is taken to have been signed by a law practice that is\nan incorporated legal practice if it has the practice’s seal attached to\nit or is signed by a legal practitioner director of the practice or an\nofficer or employee of the practice who is an Australian legal\n(5) A bill is to be given to a person—\n(a) by giving it personally to the person or to an agent of the person;\nor\n(b) by sending it by prepaid post to the person or agent at—\n(i) the usual or last-known business or home address of the\nperson or agent; or\n(ii) an address nominated for the purpose by the person or\nagent; or\n(c) by leaving it for the person or agent at—\n(i) the usual or last-known business or home address of the\nperson or agent; or\n(ii) an address nominated for the purpose by the person or\nagent;\nwith a person at the premises who is apparently at least 16 years\nold and apparently employed or living there.\n\n(6) A reference in subsection (5) to any method of giving a bill to a person\nincludes a reference to arranging for the bill to be given to that person\nby that method (for example, by delivery by courier).\n(7) Despite anything in subsections (2) to (6), a bill may be given to a\nclient electronically if the client asks for the bill to be given\nelectronically.\nagent, of a person, means an agent, law practice or Australian legal\npractitioner who has authority to accept service of legal process on\nbehalf of the person.\n","sortOrder":288},{"sectionNumber":"291","sectionType":"section","heading":"Notification of client’s rights","content":"291 Notification of client’s rights\n(1) A bill must include or be accompanied by a written statement setting\nout—\n(a) the following avenues that are open to the client if there is a\ndispute in relation to legal costs:\n(i) costs assessment under division 3.2.7;\n(ii) the setting aside of a costs agreement under section 288\n(Setting aside costs agreements); and\n(b) any time limits that apply to the taking of any action mentioned\nin paragraph (a).\nNote These matters will already have been disclosed under s 269 (1)\n(Disclosure of costs to clients).\n(2) Subsection (1) does not apply in relation to a sophisticated client.\n(3) A law practice may provide the written statement mentioned in\nsubsection (1) in a form approved by the law society council under\nsection 587 and if it does so the practice is taken to have complied\nwith this section in relation to the statement.\n\nBilling Division 3.2.6\n","sortOrder":289},{"sectionNumber":"292","sectionType":"section","heading":"Request for itemised bill","content":"292 Request for itemised bill\n(1) This section applies if a lump sum bill is given by a law practice for\nlegal costs exceeding the threshold amount.\n(2) Any person who is entitled to apply for an assessment of the legal\ncosts to which the bill relates may ask the law practice for an itemised\nbill.\n(3) A request under subsection (2) must be made not later than 90 days\nafter the day the lump sum bill is given to the client.\n(4) The law practice must comply with the request as soon as practicable.\n(5) If the person making the request is liable to pay only a part of the\nlegal costs to which the bill relates, the request for an itemised bill\nmay only be made in relation to the costs that the person is liable to\npay.\n(6) A law practice must not start any proceeding to recover legal costs\nfrom a person who has been given a lump sum bill until at least\n90 days after the day the person is given the bill.\n(7) However, if the person asks for an itemised bill under this section, the\nlaw practice must not start any proceeding to recover the legal costs\nfrom the person until at least 30 days after the day the person is given\nan itemised bill.\n(8) A law practice is not entitled to charge a person for the preparation of\nan itemised bill under this section.\n(9) Section 290 (2) and (5) apply to the giving of an itemised bill under\n(10) In this section:\nthreshold amount means—\n(a) $1 500 (exclusive of GST and disbursements); or\n(b) if a higher amount is prescribed by regulation—the higher\namount.\n\n","sortOrder":290},{"sectionNumber":"293","sectionType":"section","heading":"Interim bills","content":"293 Interim bills\n(1) A law practice may give a person an interim bill covering part only\nof the legal services the practice was retained to provide.\n(2) Legal costs that are the subject of an interim bill may be assessed\nunder division 3.2.7, either at the time of the interim bill or at the time\nof the final bill, whether or not the interim bill has previously been\npaid.\n","sortOrder":291},{"sectionNumber":"294","sectionType":"section","heading":"Definition—div 3.2.7","content":"294 Definition—div 3.2.7\nIn this division:\nclient means a person to whom or for whom legal services are or have\nbeen provided.\n","sortOrder":292},{"sectionNumber":"294A","sectionType":"section","heading":"Application by client or third party payer for costs","content":"294A Application by client or third party payer for costs\nassessment\n(1) A client may apply to the Supreme Court for an assessment of all or\nany part of legal costs.\n(2) A third party payer may apply to the Supreme Court for an assessment\nof all or any part of legal costs payable by the third party payer.\n(4) If any legal costs have been paid without a bill, the client or third\nparty payer may nevertheless apply for a costs assessment.\n(5) An application by a client or third party payer for a costs assessment\nunder this section must be made not later than 12 months after—\n(a) the day the bill was given or the request for payment was made\nto the client or third party payer; or\n\nrequest was made.\n(6) However, an application that is made out of time may be dealt with if\nthe Supreme Court, on its own initiative or on application by the client\nor third party payer who made the application for assessment,\ndetermines, after having regard to the delay and the reasons for delay,\nthat it is just and fair for the application for assessment to be dealt\nwith after the 12-month period.\n(7) Subsection (6) does not apply to an application by—\n(a) a sophisticated client; or\n(b) a third party payer who would be a sophisticated client if the\nthird party payer were a client of the law practice concerned.\n(8) If the third party payer is a non-associated third party payer, the law\npractice must give the third party payer, on the written request of the\nthird party payer, sufficient information to allow the third party payer\nto consider making, and to make, an application for a costs\nassessment under this section.\n(9) If there is an associated third party payer for a client of a law\n(a) this section does not prevent—\n(i) the client from applying for assessment under this section\nin relation to costs for which the client is solely liable; and\n(ii) the associated third party payer from applying for\nassessment under this section in relation to costs for which\nthe associated third party is solely liable; and\n(b) applications mentioned in paragraph (a) (i) and (ii) may be made\nat the same time or at different times and may be dealt with\njointly or separately; and\n\n(c) the client or the associated third party payer—\n(i) if the other of them makes an application for assessment\nunder this section in relation to costs for which they are\nboth liable—may participate in the costs assessment\nprocess; and\nassessment; and\n(d) the law practice—\n(i) if an application is made under this section by the\nassociated third party payer—must participate in the costs\nassessment process in the same way as the practice must\nparticipate in the process if an application is made under\nthis section by a client; and\nassessment.\n(10) If there is a non-associated third party payer for a client of a law\n(a) this section does not prevent—\n(i) the client from applying for assessment under this section\nin relation to costs for which the client is liable; and\n(ii) the non-associated third party payer from applying for\nassessment under this section in relation to costs for which\nthe non-associated third party is liable; and\n(b) applications mentioned in paragraph (a) (i) and (ii) may be made\nat the same time or at different times but must be dealt with\nseparately; and\n\n(c) the client—\n(i) if the non-associated third party payer makes an\napplication under this section in relation to the legal costs\nfor which the non-associated third party payer is liable—\nmay participate in the costs assessment process; and\nassessment; and\n(d) the law practice—\n(i) must participate in the costs assessment; and\n(ii) is taken to be a party to the assessment; and\n(e) despite any provision of this division, the assessment of the costs\npayable by the non-associated third party payer does not affect\nthe amount of legal costs payable by the client to the law\nclient includes the following:\n(a) an executor or administrator of a client;\n(b) a trustee of the estate of a client.\nthird party payer includes the following:\n(a) an executor or administrator of a third party payer;\n(b) a trustee of the estate of a third party payer.\n","sortOrder":293},{"sectionNumber":"295","sectionType":"section","heading":"Application for costs assessment by law practice","content":"295 Application for costs assessment by law practice\nretaining another law practice\n(1) A law practice that retains another law practice to act on behalf of a\nclient may apply to the Supreme Court for an assessment of all or any\npart of the legal costs to which a bill given by the other law practice\nin accordance with division 3.2.6 (Billing) applies.\n\n(2) If any legal costs have been paid without a bill, the law practice may\nnevertheless apply for a costs assessment.\n(4) An application under this section must be made not later than 60 days\nafter—\n(a) the day the bill was given or the request for payment was made;\nor\nrequest was made.\n(5) An application cannot be made under this section if there is a costs\nagreement between the client and the other law practice.\n","sortOrder":294},{"sectionNumber":"296","sectionType":"section","heading":"Application for costs assessment by law practice giving","content":"296 Application for costs assessment by law practice giving\nbill\n(1) A law practice that has given a bill in accordance with division 3.2.6\n(Billing) may apply to the Supreme Court for an assessment of all or\nany part of the legal costs to which the bill relates.\n(2) If any legal costs have been paid without a bill, the law practice may\nnevertheless apply for a costs assessment.\n(4) An application must not be made under this section unless at least 30\ndays have passed since—\n(a) the day the bill was given or the request for payment was made;\nor\nrequest was made; or\n\n(c) an application has been made under this division by someone\nelse in relation to the legal costs.\n","sortOrder":295},{"sectionNumber":"297","sectionType":"section","heading":"Form of application for costs assessment","content":"297 Form of application for costs assessment\nAn application for a costs assessment must contain a statement by the\napplicant that there is no reasonable prospect of settlement of the\nmatter by mediation.\nNote If a form is approved under the Court Procedures Act 2004, s 8 for this\nprovision, the form must be used.\n","sortOrder":296},{"sectionNumber":"298","sectionType":"section","heading":"Consequences of application for costs assessment","content":"298 Consequences of application for costs assessment\nIf an application for a costs assessment is made in accordance with\nthis division—\n(a) the costs assessment must take place without any money being\npaid into court on account of the legal costs the subject of the\napplication; and\n(b) the law practice must not start a proceeding to recover the legal\ncosts until the costs assessment has been completed.\n","sortOrder":297},{"sectionNumber":"299","sectionType":"section","heading":"Procedure on costs assessment","content":"299 Procedure on costs assessment\nIf, after proper notice that a costs assessment will take place, a party\nto the assessment does not attend, the Supreme Court may proceed\nwith the assessment in the absence of that party.\n","sortOrder":298},{"sectionNumber":"300","sectionType":"section","heading":"Criteria for costs assessment","content":"300 Criteria for costs assessment\n(1) In conducting an assessment of legal costs, the Supreme Court must\nconsider—\n(a) whether or not it was reasonable to carry out the work to which\nthe legal costs relate; and\n(b) whether or not the work was carried out in a reasonable way;\nand\n\n(c) the fairness and reasonableness of the amount of legal costs in\nrelation to the work, except to the extent that section 300A\n(Assessment of costs by reference to costs agreement) or\nsection 300B (Assessment of costs by reference to scale of costs\netc) applies to any disputed costs; and\n(d) if the costs agreement contained provision for an uplift fee under\nsection 284 (Conditional costs agreements involving uplift\nfees), whether the uplift fee was justified in the circumstances.\nNote The Civil Law (Wrongs) Act 2002, pt 14.1 (Maximum costs for certain\npersonal injury damages claims) contains limitations on legal costs.\n(2) In considering what is a fair and reasonable amount of legal costs, the\nSupreme Court may have regard to any or all of the following matters:\n(a) whether the law practice and any Australian legal practitioner or\nAustralian-registered foreign lawyer acting on its behalf\ncomplied with this Act;\n(b) any disclosures made by the law practice under division 3.2.3\n(Costs disclosure);\n(c) any relevant advertisement about—\n(i) the law practice’s costs; or\n(ii) the skills of the law practice or of any Australian legal\npractitioner or Australian-registered foreign lawyer acting\non its behalf;\n(d) the skill, labour and responsibility displayed on the part of the\nlawyer responsible for the matter;\n(e) the retainer and whether the work done was within the scope of\nthe retainer;\n(f) the complexity, novelty or difficulty of the matter;\n\n(g) the quality of the work done;\n(h) the place where, and circumstances in which, the legal services\nwere provided;\n(i) the time within which the work was required to be done;\n(j) any other relevant matter.\nExample for par (j)\nany applicable scale of costs\n","sortOrder":299},{"sectionNumber":"300A","sectionType":"section","heading":"Assessment of costs by reference to costs agreement","content":"300A Assessment of costs by reference to costs agreement\n(1) The Supreme Court must assess the amount of any disputed legal\ncosts that are subject to a costs agreement by reference to the\nprovisions of the costs agreement if—\n(a) a relevant provision of the costs agreement specifies the amount,\nor a rate or other means of working out the amount, of the costs;\nand\n(b) the agreement has not been set aside under section 288 (Setting\naside costs agreements);\nunless the Supreme Court is satisfied—\n(c) that the agreement does not comply in a material respect with\nany applicable disclosure requirements of division 3.2.3 (Costs\ndisclosure); or\n(d) that division 3.2.5 (Costs agreements) prevents the law practice\nconcerned from recovering the amount of the costs; or\n(e) that the parties otherwise agree.\n(2) The Supreme Court is not required to initiate an examination of the\nmatters mentioned in subsection (1) (c) and (d).\n\n","sortOrder":300},{"sectionNumber":"300B","sectionType":"section","heading":"Assessment of costs by reference to scale of costs etc","content":"300B Assessment of costs by reference to scale of costs etc\nThe Supreme Court may assess the amount of any disputed legal costs\nthat are not subject to a costs agreement by reference to anything it\nconsiders appropriate, including a scale of costs.\n","sortOrder":301},{"sectionNumber":"300C","sectionType":"section","heading":"Recovery of assessed costs","content":"300C Recovery of assessed costs\n(1) This section applies if the Supreme Court assesses an amount of legal\ncosts.\n(2) If an amount of the legal costs has been paid before the assessment\nwas made, any amount by which the amount paid exceeds the amount\nassessed may be recovered as a debt in a court of competent\n(3) If an amount of the legal costs has not been paid—\n(a) the assessment is taken to be a judgment of the Supreme Court\nfor the amount of the unpaid legal costs and may be enforced\naccordingly; and\n(b) the rate of interest payable on the amount is the rate applying\nunder the Court Procedures Rules 2006, schedule 2, part 2.2\n(Interest after judgment).\n","sortOrder":302},{"sectionNumber":"301","sectionType":"section","heading":"Law practice may be bound by lump sum bill","content":"301 Law practice may be bound by lump sum bill\n(1) This section applies if a law practice gives a bill in the form of a lump\nsum bill for legal services and later gives an itemised bill for the legal\n(2) The Supreme Court may decide that the law practice is not entitled to\ncosts exceeding the amount of the lump sum bill.\n\n","sortOrder":303},{"sectionNumber":"302","sectionType":"section","heading":"Costs of costs assessment","content":"302 Costs of costs assessment\n(1) The Supreme Court must determine the costs of a costs assessment.\n(2) Unless the Supreme Court otherwise orders, the law practice to which\nthe costs are payable or were paid must pay the costs of the costs\nassessment if—\n(a) on the assessment the legal costs are reduced by 15% or more;\nor\n(b) the court is satisfied that the law practice failed to comply with\ndivision 3.2.3 (Costs disclosure).\n(3) Unless the Supreme Court otherwise orders, if the law practice is not,\nunder subsection (2), liable to pay the costs of the costs assessment,\nthe costs must be paid by the party ordered by the Supreme Court to\npay the costs.\n","sortOrder":304},{"sectionNumber":"303","sectionType":"section","heading":"Referring matters to ACAT","content":"303 Referring matters to ACAT\n(1) If, on a costs assessment, the Supreme Court considers that the legal\ncosts charged by a law practice are grossly excessive, the court must\nrefer the matter to the ACAT to consider whether orders should be\nmade in relation to any Australian legal practitioner or\nAustralian-registered foreign lawyer involved.\n(2) If the Supreme Court considers that a costs assessment raises any\nother matter that may amount to unsatisfactory professional conduct\nor professional misconduct on the part of an Australian legal\npractitioner or Australian-registered foreign lawyer, the court may\nrefer the matter to the ACAT to consider whether orders should be\nmade in relation to an Australian legal practitioner or\nAustralian-registered foreign lawyer.\n\n","sortOrder":305},{"sectionNumber":"304","sectionType":"section","heading":"Legal costs subject to consumer dispute not assessable","content":"304 Legal costs subject to consumer dispute not assessable\n(1) Despite anything to the contrary in this part, legal costs that are or\nhave been the subject of a consumer dispute under chapter 4\n(Complaints and discipline) must not be the subject of a costs\nassessment under this division.\n(2) Subsection (1) does not apply—\n(a) to the extent that the relevant council for the legal practitioner—\n(i) is unable to resolve the costs dispute and has notified the\nparties of their entitlement to apply for a costs assessment;\nor\n(ii) refers a matter to the Supreme Court for a costs assessment\nunder section 409 (Referral of matters for costs\nassessment—complaint investigation); or\n(b) if the costs dispute is withdrawn in accordance with section 400.\n","sortOrder":306},{"sectionNumber":"304A","sectionType":"section","heading":"Contracting out of div 3.2.7 by sophisticated clients","content":"304A Contracting out of div 3.2.7 by sophisticated clients\nA sophisticated client of a law practice, or an associated third party\npayer who would be a sophisticated client if the third party payer were\na client of the law practice, may contract out of this division.\n","sortOrder":307},{"sectionNumber":"305","sectionType":"section","heading":"Application of pt 3.2 to incorporated legal practices and","content":"305 Application of pt 3.2 to incorporated legal practices and\nA regulation may provide that prescribed provisions of this part do\nnot apply to incorporated legal practices or multidisciplinary\npartnerships or apply to them with prescribed changes.\n\nMiscellaneous—pt 3.2 Division 3.2.8\n","sortOrder":308},{"sectionNumber":"306","sectionType":"section","heading":"Imputed acts, omission or knowledge for pt 3.2","content":"306 Imputed acts, omission or knowledge for pt 3.2\nFor this part—\n(a) anything done or omitted by, to or in relation to—\n(i) an Australian legal practitioner; or\n(ii) an Australian-registered foreign lawyer (except for\nsection 284 (4) (Conditional costs agreements involving\nuplift fees) or for any provision of this part prescribed by\nregulation for this section);\nin the course of acting on behalf of a law practice is taken to\nhave been done or omitted by, to or in relation to the practice;\nand\n(b) without limiting paragraph (a), the law practice is taken to\nbecome or be aware of, or to have a belief about, any matter if—\n(i) an Australian legal practitioner; or\n(ii) an Australian-registered foreign lawyer (except for\nsection 284 (4) or for any provision of this part prescribed\nby regulation for this section);\nbecomes or is aware of, or has a belief as to, the matter in the\ncourse of acting on behalf of the practice.\n","sortOrder":309},{"sectionNumber":"307","sectionType":"section","heading":"Liability of principals of law practice under pt 3.2","content":"307 Liability of principals of law practice under pt 3.2\n(1) A provision of this part expressed as imposing an obligation on a law\npractice imposes the same obligation on the principals of the practice\njointly and severally, but discharge of the practice’s obligation also\ndischarges the corresponding obligation imposed on the principals.\n(2) Accordingly, a reference in this part to a law practice includes a\nreference to the principals of the practice.\n\nPart 3.3 Professional indemnity\ninsurance\n","sortOrder":310},{"sectionNumber":"308","sectionType":"section","heading":"Definitions—pt 3.3","content":"308 Definitions—pt 3.3\napproved, for a policy of indemnity insurance—see section 312.\ninsurable barrister means a local legal practitioner who is a barrister,\nother than a practitioner who is exempted by the relevant council from\nthe requirement to be insured under this Act.\ninsurable legal practitioner means an insurable barrister or insurable\ninsurable solicitor means a solicitor who holds an unrestricted\npractising certificate, other than a solicitor—\n(a) who has given a written undertaking to the relevant council that\nthe solicitor will not practise during the period to which the\npractising certificate relates otherwise than in the course of the\nsolicitor’s employment by an entity (other than an incorporated\nlegal practice) stated in the undertaking; or\n(b) who is exempted by the relevant council from the requirement\nto be insured under this Act.\n","sortOrder":311},{"sectionNumber":"309","sectionType":"section","heading":"Purpose—pt 3.3","content":"309 Purpose—pt 3.3\nThe purpose of this part is to provide for a scheme for professional\nindemnity insurance to protect clients of law practices from\nprofessional negligence.\n","sortOrder":312},{"sectionNumber":"310","sectionType":"section","heading":"Exemptions from pt 3.3","content":"310 Exemptions from pt 3.3\nThe relevant council may exempt an Australian legal practitioner\nfrom the requirement to be insured under this Act on the grounds the\ncouncil considers sufficient.\n\nProfessional indemnity insurance Part 3.3\n","sortOrder":313},{"sectionNumber":"311","sectionType":"section","heading":"Professional indemnity insurance for insurable legal","content":"311 Professional indemnity insurance for insurable legal\n(1) The relevant council must not grant or renew a practising certificate\nfor an insurable legal practitioner unless satisfied that there is, or will\nbe, in force in relation to the practitioner an approved indemnity\ninsurance policy.\n(2) For this section, the relevant council is entitled to accept any of the\nfollowing as evidence that there is, or will be, an approved indemnity\ninsurance policy in force in relation to an insurable legal practitioner:\n(a) written advice from an insurer or insurance broker that an\ninsurer has agreed to issue the policy;\n(b) evidence that the premium for the policy has been received and\naccepted by the insurer for the issue of the policy;\n(c) evidence prescribed by regulation for this section.\n","sortOrder":314},{"sectionNumber":"312","sectionType":"section","heading":"Approval of indemnity insurance policy","content":"312 Approval of indemnity insurance policy\n(1) For this Act, a policy of indemnity insurance is approved if—\n(a) the policy is not to expire before the expiration of the\npractitioner’s practising certificate; and\n(b) the policy is approved—\n(i) in writing by the relevant council; or\n(ii) under a regulation or the legal profession rules; and\n(c) the conditions (if any) of the approval have been complied with.\n(2) If an indemnity fund has been approved under section 315 (Approval\nof indemnity fund) and the rules or conditions applying to the\ncontributors to the fund require a contributor to hold a policy of\nprofessional indemnity insurance, the policy is taken to be approved\nfor this Act.\n\n","sortOrder":315},{"sectionNumber":"312A","sectionType":"section","heading":"Continuing indemnity insurance","content":"312A Continuing indemnity insurance\n(1) An insurable legal practitioner who is issued with a practising\ncertificate on the basis that the practitioner is, or will be, the holder\nof an approved indemnity insurance policy for the period of the\npractising certificate must—\n(a) take all reasonable steps to ensure that the policy continues in\nforce during the period; and\n(b) if the policy stops being in force for part of the period, obtain a\nreplacement policy for that part of the period.\n(2) A failure of a legal practitioner to comply with subsection (1) can be\nunsatisfactory professional conduct or professional misconduct.\n(3) The relevant council may suspend the legal practitioner’s local\npractising certificate while the failure by the practitioner to comply\nwith the requirement continues.\n","sortOrder":316},{"sectionNumber":"313","sectionType":"section","heading":"Agreements for insurance for solicitors","content":"313 Agreements for insurance for solicitors\n(1) The law society may negotiate with insurers or anyone else for the\nprovision of indemnity insurance to a person who is, or has been, an\ninsurable solicitor in relation to civil liability that may arise in relation\nto—\n(a) the practice or any former practice of the solicitor; or\n(b) the administration of any trust or deceased estate of which the\nsolicitor or former solicitor is, or was, a trustee or executor.\n(2) The law society may make—\n(a) agreements for the provision of insurance mentioned in\nsubsection (1); and\n(b) arrangements for establishing and keeping an account into\nwhich any amount received by the law society as a premium for\nthe insurance is to be paid.\n\nProfessional indemnity insurance Part 3.3\n(3) The law society may make an agreement for the provision of\nindemnity insurance for insurable solicitors only if the agreement\nprovides for professional indemnity insurance to be provided to each\nperson who—\n(a) would, subject to compliance with any requirement about\nindemnity insurance, be entitled to have an unrestricted\npractising certificate granted to the person; and\n(b) applies under the agreement to be granted indemnity insurance\nthat is—\n(i) available under the agreement; and\n(ii) in relation to a period for which insurance is available\nunder the agreement.\n(4) An amount paid into an account kept under subsection (2) may,\nbefore its application for the provision of insurance under this section,\nbe invested by the law society in any way trust funds may be invested\nunder the Trustee Act 1925.\nagreement includes arrangement.\n","sortOrder":317},{"sectionNumber":"314","sectionType":"section","heading":"Giving information to council for insurance","content":"314 Giving information to council for insurance\n(1) The relevant council for a person who is, or has been, an insurable\nbarrister or insurable solicitor may ask the person, in writing, to give\nthe relevant council stated information, within a stated reasonable\ntime, about—\n(a) the number of people employed, or formerly employed, in the\nperson’s practice, or any former practice; or\n(b) the duties performed by anyone mentioned in paragraph (a); or\n(c) the gross income received by the person from fees in a stated\n\n(d) any claims made against the person in relation to any alleged\ncivil liability arising from—\n(i) the practice or any former practice of the person; or\n(ii) the administration of any trust or deceased estate of which\nthe solicitor or former solicitor is, or was, a trustee or\nexecutor; or\n(e) anything else prescribed by regulation or the legal profession\nrules.\n(2) A person commits an offence if the person fails to comply with a\nrequest under subsection (1).\nMaximum penalty 100 penalty units.\n(3) Subsection (3) does not apply if the person has a reasonable excuse.\n","sortOrder":318},{"sectionNumber":"315","sectionType":"section","heading":"Approval of indemnity fund","content":"315 Approval of indemnity fund\n(1) The relevant council for an Australian legal practitioner may approve\nan indemnity fund to be a fund to which the practitioner may make\ncontributions.\n(2) An approval may be given in relation to a fund established under a\n(3) An approval is a notifiable instrument.\nindemnity fund means a fund established to assist in meeting claims\nagainst Australian legal practitioners in relation to the conduct of the\npractitioner’s practice other than claims involving a dishonest act or\nomission.\n\nPreliminary—pt 3.4 Division 3.4.1\n","sortOrder":319},{"sectionNumber":"316","sectionType":"section","heading":"Definitions—pt 3.4","content":"316 Definitions—pt 3.4\ncapping and sufficiency provisions means:\n(a) for the ACT—section 348 (Caps on payments from fidelity\nfund) and section 349 (Sufficiency of fidelity fund); or\n(b) for another jurisdiction—the provisions of the corresponding\nlaw of that jurisdiction that correspond to those sections.\nclaim means a claim under this part.\nclaimant means a person who makes a claim under this part.\nconcerted interstate default means a default of a law practice arising\nfrom or constituted by an act or omission—\n(a) that was committed jointly by 2 or more associates of the\n(b) parts of which were committed by different associates of the\npractice or different combinations of associates of the practice;\nif the ACT is the relevant jurisdiction of at least 1 of the associates\nand another jurisdiction is the relevant jurisdiction of at least 1 of the\nassociates.\ndefault, in relation to a law practice, means—\n(a) a failure of the practice to pay or deliver trust money or trust\nproperty that was received by the practice in the course of legal\npractice by the practice, if the failure arises from an act or\nomission of an associate that involves dishonesty; or\n\n(b) a fraudulent dealing with trust property that was received by the\npractice in the course of legal practice by the practice, if the\nfraudulent dealing arises from or is constituted by an act or\nomission of an associate that involves dishonesty.\ndishonesty includes fraud.\npecuniary loss, in relation to a default, means—\n(a) the amount of trust money, or the value of trust property, that is\nnot paid or delivered; or\n(b) the amount of money that a person loses or is deprived of, or the\nloss of value of trust property, because of a fraudulent dealing.\nrelevant jurisdiction—see section 327.\n","sortOrder":320},{"sectionNumber":"317","sectionType":"section","heading":"Time of default—pt 3.4","content":"317 Time of default—pt 3.4\n(1) This section applies for the purpose of deciding which jurisdiction’s\nlaw applies in relation to a default.\n(2) The default is taken to have happened when the act or omission giving\nrise to or constituting the default happened.\n(3) An omission is taken to have happened on the day on or by which the\nact not performed ought reasonably to have been performed or on\nanother day decided in accordance with the regulations.\n","sortOrder":321},{"sectionNumber":"318","sectionType":"section","heading":"Purpose—pt 3.4","content":"318 Purpose—pt 3.4\nThe purpose of this part is to establish and maintain a fund to provide\na source of compensation for defaults by law practices arising from\nor constituted by acts or omissions of associates.\n","sortOrder":322},{"sectionNumber":"319","sectionType":"section","heading":"Application—pt 3.4","content":"319 Application—pt 3.4\nThis part does not apply to a default of the law practice of a barrister.\n\nFidelity fund Division 3.4.2\n","sortOrder":323},{"sectionNumber":"320","sectionType":"section","heading":"Establishment etc of fidelity fund","content":"320 Establishment etc of fidelity fund\n(1) The Solicitors’ Fidelity Fund of the Australian Capital Territory (the\nfidelity fund) is established.\n(2) The fidelity fund consists of—\n(a) contributions and levies paid under this part; and\n(b) income from the investment of money of the fund; and\n(c) amounts paid into the fund from a statutory interest account; and\n(d) amounts recovered by the law society under this part; and\n(e) any other amounts that may lawfully be paid into the fund.\n(3) The law society must pay all moneys of the fidelity fund into a\nseparate account for the fund kept at an ADI.\n(4) The assets of the fidelity fund, and the accounts in relation to it, must\nbe kept separate from other assets and accounts of the law society.\n(5) The costs of exercising the functions of the law society under this part\nand the costs of enforcing a right given to the law society or the law\nsociety council under this part must be paid out of the fidelity fund.\nstatutory interest account—see section 253 (Statutory deposits).\n","sortOrder":324},{"sectionNumber":"321","sectionType":"section","heading":"Investment of fidelity fund","content":"321 Investment of fidelity fund\nThe money of the fidelity fund must, as far as practicable, be invested\nby the law society in any way trust funds may be invested under the\nTrustee Act 1925.\n\n","sortOrder":325},{"sectionNumber":"322","sectionType":"section","heading":"Audit of fidelity fund","content":"322 Audit of fidelity fund\n(1) The law society must have the accounts of the fidelity fund audited\nannually by a registered company auditor within the meaning of the\nCorporations Act.\n(2) The law society must give a copy of the report of each audit to the\nAttorney-General.\n","sortOrder":326},{"sectionNumber":"323","sectionType":"section","heading":"Contributions to fidelity fund","content":"323 Contributions to fidelity fund\n(1) A solicitor must, not later than each 30 June, pay to the law society\nthe contribution to the fidelity fund decided by the law society council\nfor the period of 12 months beginning on the following 1 July.\n(2) However, if a solicitor applies for a practising certificate for a period\nof less than 12 months, the solicitor must, in relation to the period,\npay to the law society a contribution that bears to the contribution\ndecided under subsection (1) the same proportion as the period bears\nto a year.\n","sortOrder":327},{"sectionNumber":"324","sectionType":"section","heading":"Levy to supplement fidelity fund","content":"324 Levy to supplement fidelity fund\n(1) If, at any time, the law society council considers that the fidelity fund\nis not sufficient to satisfy the law society’s liabilities in relation to the\nfund, the council may impose a levy of the amount that it considers\nappropriate for payment into the fund.\n(2) The levy is payable to the law society, on the day fixed by the law\nsociety council, by each local legal practitioner who holds a current\nunrestricted practising certificate on that day.\n(3) However, the law society council may extend the time for payment\nof a levy by a local legal practitioner.\n\nFidelity fund Division 3.4.2\n","sortOrder":328},{"sectionNumber":"325","sectionType":"section","heading":"Insurance of fidelity fund","content":"325 Insurance of fidelity fund\n(1) The law society may arrange with an insurer for the insurance of the\nfidelity fund.\n(2) Without limiting subsection (1), the law society may arrange for the\ninsurance of the fidelity fund against particular claims.\n(3) The proceeds paid under a policy of insurance against particular\nclaims are to be paid into the fidelity fund, and a claimant is not\nentitled to have direct recourse to the proceeds or any part of them.\n(4) No liability (including liability in defamation) is incurred by a\nprotected person in relation to anything done or omitted to be done\nhonestly for the purpose of arranging for the insurance of the fidelity\n(a) the law society; or\n(b) a member of the law society council; or\n(c) any member of the staff of the law society; or\n(d) anyone acting at the direction of the law society or the law\n","sortOrder":329},{"sectionNumber":"326","sectionType":"section","heading":"Borrowing for fidelity fund","content":"326 Borrowing for fidelity fund\nThe law society cannot borrow money for the purposes of the fidelity\n\n","sortOrder":330},{"sectionNumber":"327","sectionType":"section","heading":"Meaning of relevant jurisdiction—pt 3.4","content":"327 Meaning of relevant jurisdiction—pt 3.4\n(1) The relevant jurisdiction of an associate of a law practice whose act\nor omission (whether alone or with 1 or more other associates of the\npractice) gives rise to or constitutes a default of the practice is decided\nNote The concept of an associate’s relevant jurisdiction is used to decide the\njurisdiction whose fidelity fund is liable for a default of a law practice\narising from an act or omission committed by the associate. The relevant\njurisdiction for an associate is in some cases the associate’s home\n(2) For a default involving trust money received in Australia (whether or\nnot it was paid into an Australian trust account), the relevant\njurisdiction of the associate is—\n(a) if the trust money was paid into an Australian trust account and\nif the associate (whether alone or with a cosignatory) was\nauthorised to withdraw any or all of the trust money from the\nonly or last Australian trust account in which the trust money\nwas held before the default—the jurisdiction under whose law\nthat trust account was kept; or\n(b) in any other case—the associate’s home jurisdiction.\n(3) For a default involving trust money received outside Australia and\npaid into an Australian trust account, the relevant jurisdiction of the\nassociate is—\n(a) if the associate (whether alone or with a cosignatory) was\nauthorised to withdraw any or all of the trust money from the\nonly or last Australian trust account in which the trust money\nwas held before the default—the jurisdiction under whose law\nthat trust account was kept; or\n(b) in any other case—the associate’s home jurisdiction.\n\nDefaults to which pt 3.4 applies Division 3.4.3\n(4) For a default involving trust property received in Australia, or\nreceived outside Australia and brought to Australia, the relevant\njurisdiction of the associate is the associate’s home jurisdiction.\nNote Section 353 (Defaults involving interstate elements if committed by\n1 associate only) provides that the law society council may treat the\ndefault as consisting of 2 or more defaults for the purpose of deciding the\nliability of the fidelity fund.\n","sortOrder":331},{"sectionNumber":"328","sectionType":"section","heading":"Defaults to which pt 3.4 applies","content":"328 Defaults to which pt 3.4 applies\n(1) This part applies to a default of a law practice arising from or\nconstituted by an act or omission of 1 or more associates of the\npractice, if the ACT is the relevant jurisdiction of the only associate\nor 1 or more of associates involved.\n(2) It is immaterial where the default happens.\n(3) It is immaterial that the act or omission giving rise to or constituting\na default is not an offence against a territory law or the law of another\njurisdiction or the Commonwealth or that a proceeding has not been\nstarted or finished in relation to an offence of that kind.\n","sortOrder":332},{"sectionNumber":"329","sectionType":"section","heading":"Defaults relating to financial services or investments","content":"329 Defaults relating to financial services or investments\n(1) This part does not apply to a default of a law practice to the extent\nthat the default happens in relation to money or property that is\nentrusted to or held by the practice for or in relation to—\n(a) a financial service provided by the practice or an associate of the\npractice in circumstances where the practice or associate is\nrequired to hold an Australian financial services licence\ncovering the provision of the service (whether or not the licence\nis held at any relevant time); or\n\n(b) a financial service provided by the practice or an associate of the\npractice in circumstances where the practice or associate\nprovides the service as a representative of another person who\ncarries on a financial services business (whether or not the\npractice or associate is an authorised representative at any\nrelevant time).\n(2) Without limiting subsection (1), this part does not apply to a default\nof a law practice to the extent that the default happens in relation to\nmoney or property that is entrusted to or held by the practice for or in\n(a) a managed investment scheme undertaken by the practice; or\n(b) mortgage financing undertaken by the practice.\n(3) Without limiting subsections (1) and (2), this part does not apply to a\ndefault of a law practice to the extent that the default happens in\nrelation to money or property that is entrusted to or held by the\npractice for investment purposes, whether on its own account or as an\nagent, unless—\n(a) the money or property was entrusted to or held by the practice—\n(ii) primarily in relation to the provision of legal services to or\nat the direction of the client; and\n(b) the investment is or is to be made—\n(ii) for the ancillary purpose of maintaining or enhancing the\nvalue of the money or property pending completion of the\nmatter or further stages of the matter or pending payment\nor delivery of the money or property to or at the direction\nof the client.\n\nAustralian financial services licence—see the Corporations Act,\nsection 9.\nauthorised representative—see the Corporations Act, section 9.\nfinancial service—see the Corporations Act, section 9.\n","sortOrder":333},{"sectionNumber":"330","sectionType":"section","heading":"Claims about defaults","content":"330 Claims about defaults\n(1) A person who suffers pecuniary loss because of a default to which\nthis part applies may make a claim against the fidelity fund to the law\nsociety about the default.\n(2) The law society council may require the person who makes a claim\nto do either or both of the following:\n(a) to give further information about the claim or any dispute to\nwhich the claim relates;\n(b) to give a statement verifying the claim or any further\n","sortOrder":334},{"sectionNumber":"331","sectionType":"section","heading":"Approved form for claims","content":"331 Approved form for claims\n(1) The law society council may approve forms for claims against the\nfidelity fund.\n(2) If the law society council approves a form for claims against the\nfidelity fund, the form must be used.\n(3) A form is a notifiable instrument.\n\n","sortOrder":335},{"sectionNumber":"332","sectionType":"section","heading":"Time limit for making claims against fidelity fund","content":"332 Time limit for making claims against fidelity fund\n(1) Subject to section 334 (Time limit for making claims against fidelity\nfund following advertisement), a claim must not be made against the\nfidelity fund in relation to a default unless the prospective claimant\ntells the law society in writing of the default—\n(a) not later than 6 months after the day the prospective claimant\nbecomes aware of the default; or\n(b) within a further period allowed by the law society council; or\n(c) if the Supreme Court allows further time after the law society\ncouncil refuses to allow a further period—within a period\nallowed by the Supreme Court.\n(2) The Supreme Court or law society council may allow a further period\nmentioned in subsection (1) if satisfied that—\n(a) it would be reasonable to allow the further period after taking\ninto account all ascertained and contingent liabilities of the\n(b) it would be appropriate to allow the further period in the\nparticular case having regard to matters the Supreme Court or\nlaw society council considers relevant.\n","sortOrder":336},{"sectionNumber":"333","sectionType":"section","heading":"Advertisements about defaults by law practices","content":"333 Advertisements about defaults by law practices\n(1) If the law society council considers that there has been, or may have\nbeen, a default by a law practice, it may publish either or both of the\n(a) a notice that seeks information about the default;\n(b) a notice that invites claims about the default and fixes a final\ndate after which claims relating to the default cannot be made.\n\n(2) The final date fixed by the notice must be a date that is—\n(a) at least 3 months later than the date of the first or only\npublication of the notice; and\n(b) not more than 12 months after the date of the first or only\npublication of the notice.\n(3) The notice must be published—\n(a) in a newspaper circulating generally throughout Australia; and\n(b) in a newspaper circulating generally in each jurisdiction other\nthan the ACT where the law practice—\n(i) has an office; or\n(ii) at any relevant time had an office;\nif known to the law society council; and\n(c) if the law practice has, or at any relevant time had, an office in\nthe ACT—in a public notice; and\n(d) on the internet site (if any) of the law society.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(4) The law society council may provide information to anyone making\ninquiries in response to the notice.\n(5) Apart from extending the period during which claims may be made\nunder this part (if relevant), publication of the notice does not give\nany entitlements in relation to any claim or the default to which it\nrelates or provide any grounds affecting the deciding of any claim.\n(6) Neither the publication honestly of a notice under this section, nor the\nprovision of information honestly under this section, subjects a\nprotected person to any liability (including liability in defamation).\n\n(a) the law society; or\n(b) a member of the law society council; or\n(c) the proprietor, editor or publisher of the newspaper or public\nnotice; or\n(d) an internet service provider or internet content host; or\n(e) a member of the staff of any entity mentioned in this definition;\nor\n(f) a person acting at the direction of any entity mentioned in this\n","sortOrder":337},{"sectionNumber":"334","sectionType":"section","heading":"Time limit for making claims against fidelity fund","content":"334 Time limit for making claims against fidelity fund\nfollowing advertisement\n(1) This section applies if the law society council publishes a notice under\nsection 333 (Advertisements about defaults by law practices) fixing a\nfinal date after which claims relating to a default cannot be made.\n(2) A claim may be made—\n(a) up to and including the final date fixed under the notice; or\n(b) within a further period allowed by the law society council; or\n(c) if the Supreme Court allows further time after the law society\ncouncil refuses to allow a further period—within a period\nallowed by the Supreme Court;\neven though it would have been barred under section 332 (Time limit\nfor making claims against fidelity fund) had the notice not been\npublished.\n\n(3) The Supreme Court or law society council may allow a further period\nmentioned in subsection (2) if satisfied that—\n(a) it would be reasonable to allow the further period after taking\ninto account all ascertained and contingent liabilities of the\n(b) it would be appropriate to allow the further period in the\nparticular case having regard to matters the Supreme Court or\nlaw society council considers relevant.\n","sortOrder":338},{"sectionNumber":"335","sectionType":"section","heading":"Claims not affected by certain matters","content":"335 Claims not affected by certain matters\n(1) A claim may be made about a law practice’s default despite a change\nin the status of the practice or the associate concerned after the act or\nomission giving rise to or constituting the default happened.\n(2) A claim that has been made is not affected by a later change in the\nstatus of the practice or associate.\n(3) For this section, a change in status includes—\n(a) for a law practice that is or was a partnership—a change in its\nmembership or staffing or its dissolution; and\n(b) for a law practice that is or was an incorporated legal practice—\na change in its directorship or staffing or its winding up or\ndissolution); and\n(c) for an associate of a law practice who is or was an Australian\nlegal practitioner—the fact that the associate has ceased to\npractise or to hold an Australian practising certificate; and\n(d) for an associate of a law practice—the associate’s death.\n","sortOrder":339},{"sectionNumber":"336","sectionType":"section","heading":"Investigation of claims","content":"336 Investigation of claims\nThe law society council may investigate a claim made to it, including\nthe default to which it relates, in any way it considers appropriate.\n\n","sortOrder":340},{"sectionNumber":"337","sectionType":"section","heading":"Advance payments for claims","content":"337 Advance payments for claims\n(1) The law society council may, at its absolute discretion, make\npayments to a claimant in advance of deciding a claim if satisfied\n(a) the claim is likely to be allowed; and\n(b) payment is justified to alleviate hardship.\n(2) Any payments made in advance are to be taken into account when the\nclaim is decided.\n(3) Payments under this section are to be made from the fidelity fund.\n(4) If the claim is disallowed, the amounts paid under this section are\nrecoverable by the law society as a debt owing to the fidelity fund.\n(5) If the claim is allowed but the amount payable is less than the amount\npaid under this section, the excess paid under this section is\nrecoverable by the law society as a debt owing to the fidelity fund.\n","sortOrder":341},{"sectionNumber":"338","sectionType":"section","heading":"Deciding claims generally","content":"338 Deciding claims generally\n(1) The law society council may decide a claim by completely or partly\nallowing or disallowing it.\n(2) The law society council must decide a claim by the end of 12 months\nafter the day the claim is made.\n(3) The law society council may disallow a claim to the extent that the\nclaim does not relate to a default for which the fidelity fund is liable.\n(4) The law society council may completely or partly disallow a claim,\nor reduce a claim, to the extent that—\n(a) the claimant knowingly assisted in or contributed towards, or\nwas a party or accessory to, the act or omission giving rise to the\nclaim; or\n\n(b) the negligence of the claimant contributed to the loss; or\n(c) the conduct of the transaction with the law practice in relation to\nwhich the claim is made was illegal, and the claimant knew or\nought reasonably to have known of the illegality; or\n(d) proper and usual records were not brought into existence during\nthe conduct of the transaction, or were destroyed, and the\nclaimant knew or ought reasonably to have known that records\nof that kind would not be kept or would be destroyed; or\n(e) the claimant has, in relation to the investigation of the claim,\nunreasonably refused to disclose information or documents to,\nor cooperate with—\n(i) the law society council; or\n(ii) any other authority (including, for example, an\ninvestigative or prosecuting authority).\n(5) Subsections (2) and (3) do not limit the law society council’s power\nto disallow a claim on any other ground.\n(6) Without limiting subsection (2) or (3), the law society council may\nreduce the amount otherwise payable on a claim to the extent the\ncouncil considers appropriate if satisfied—\n(a) that the claimant assisted in or contributed towards, or was a\nparty or accessory to, the act or omission giving rise to the claim;\nor\n(b) that the claimant unreasonably failed to mitigate losses arising\nfrom the act or omission giving rise to the claim; or\n(c) that the claimant has unreasonably hindered the investigation of\nthe claim.\n(7) The law society council must, in allowing a claim, decide the amount\npayable.\n\n","sortOrder":342},{"sectionNumber":"339","sectionType":"section","heading":"Maximum amount allowable for claim","content":"339 Maximum amount allowable for claim\n(1) The amount payable in relation to a default must not exceed the\npecuniary loss resulting from the default.\n(2) This section does not apply to costs payable under section 340 (Costs\nin relation to claims) or to interest payable under section 341 (Interest\nin relation to claims).\n","sortOrder":343},{"sectionNumber":"340","sectionType":"section","heading":"Costs in relation to claims","content":"340 Costs in relation to claims\n(1) If the law society council completely or partly allows a claim, the\ncouncil must order payment of the claimant’s reasonable legal costs\ninvolved in making and proving the claim, unless the council\nconsiders that special circumstances exist justifying a reduction in the\namount of costs or justifying a decision that no amount should be paid\nfor costs.\n(2) If the law society council completely disallows a claim, the council\nmay order payment of all or part of the claimant’s reasonable legal\ncosts involved in making and attempting to prove the claim, if the\ncouncil considers it is appropriate to make the order.\n(3) The costs are payable from the fidelity fund.\n","sortOrder":344},{"sectionNumber":"341","sectionType":"section","heading":"Interest in relation to claims","content":"341 Interest in relation to claims\n(1) In deciding the amount of pecuniary loss resulting from a default, the\nlaw society council must add interest on the amount payable\n(excluding interest), unless the council considers that special\ncircumstances exist justifying a reduction in the amount of interest or\njustifying a decision that no amount of interest should be paid.\n(2) The interest must be worked out from the day when the claim was\nmade to the day the law society council tells the claimant that the\nclaim has been allowed.\n\n(3) The interest must be worked out—\n(a) at the rate prescribed by regulation; or\n(b) if no rate is prescribed—at the rate of 5%.\n(4) The interest is payable from the fidelity fund.\n","sortOrder":345},{"sectionNumber":"342","sectionType":"section","heading":"Reduction of claim because of other benefits","content":"342 Reduction of claim because of other benefits\n(1) A person is not entitled to recover from the fidelity fund any amount\nequal to amounts or to the value of other benefits—\n(a) that have already been paid to or received by the person; or\n(b) that have already been decided and are payable to or receivable\nby the person; or\n(c) that (in the opinion of the law society council) are likely to be\npaid to or received by the person; or\n(d) that (in the opinion of the law society council) might, but for the\nperson’s neglect or failure, have been paid or payable to or\nreceived or receivable by the person;\nfrom other sources in relation to the pecuniary loss to which a claim\nrelates.\n(2) The law society council may, at its absolute discretion, pay to a person\nall or part of an amount mentioned in subsection (1) (c) if satisfied\nthat payment is justified to alleviate hardship.\n(3) Subsection (2) does not affect section 344 (Repayment of certain\namounts paid from fidelity fund).\n","sortOrder":346},{"sectionNumber":"343","sectionType":"section","heading":"Subrogation on payment of claim","content":"343 Subrogation on payment of claim\n(1) On payment of a claim from the fidelity fund, the law society council\nis subrogated to the rights and remedies of the claimant against\nanyone in relation to the default to which the claim relates.\n\n(2) Without limiting subsection (1), that subsection extends to a right or\nremedy against—\n(a) the associate in relation to whom the claim is made; or\n(b) the person authorised to administer the estate of the associate in\nrelation to whom the claim is made and who is dead or an\ninsolvent under administration.\n(3) Subsection (1) does not apply to a right or remedy against an associate\nif, had the associate been a claimant in relation to the default, the\nclaim would not be disallowable on any of the grounds set out in\nsection 338 (3) (Deciding claims generally).\n(4) The law society council may exercise its rights and remedies under\nthis section in its own name or in the name of the claimant.\n(5) If the law society council brings a proceeding under this section in\nthe name of the claimant, it must indemnify the claimant against any\ncosts awarded against the claimant in the proceeding.\n(6) The law society council may exercise its rights and remedies under\nthis section even though any limitation periods under this part have\nended.\n(7) The law society council must pay into the fidelity fund any amount\nrecovered in exercising its rights and remedies under this section.\n","sortOrder":347},{"sectionNumber":"344","sectionType":"section","heading":"Repayment of certain amounts paid from fidelity fund","content":"344 Repayment of certain amounts paid from fidelity fund\n(1) If—\n(a) a claimant receives a payment from the fidelity fund in relation\nto the claim; and\n(b) the claimant receives or recovers from another source or sources\na payment on account of the pecuniary loss; and\n\n(c) there is a surplus after deducting the amount of the pecuniary\nloss from the total amount received or recovered by the claimant\nfrom both or all sources;\nthe amount of the surplus is a debt owing by the claimant to the fund.\n(2) However, the amount payable by the claimant cannot exceed the\namount the claimant received from the fidelity fund in relation to the\nclaim.\n","sortOrder":348},{"sectionNumber":"345","sectionType":"section","heading":"Notification of delay in making decision on claim","content":"345 Notification of delay in making decision on claim\n(1) If the law society council considers that a claim is not likely to be\ndecided within 12 months after the day the claim was made, the\ncouncil must tell the claimant in writing that the claim is not likely to\nbe decided within that period.\n(2) The notification must contain a brief statement of reasons for the\ndelay.\n","sortOrder":349},{"sectionNumber":"346","sectionType":"section","heading":"Evidence in court proceedings under s 343 and certain","content":"346 Evidence in court proceedings under s 343 and certain\nproceedings for review etc\n(1) This section applies to the following proceedings:\n(a) a proceeding brought in a court under section 343 (Subrogation\non payment of claim);\n(b) a proceeding for review of any of the following:\n(i) a decision under section 338 (Deciding claims generally)\ncompletely or partly disallowing a claim;\n(ii) a decision under section 338 (6) reducing the amount\npayable on a claim;\n(iii) failing to have made a decision on a claim under\ndivision 3.4.4 (Claims about defaults) by the end of\n12 months after the day the claim is made.\n\nDivision 3.4.6 Payments from fidelity fund for defaults\n(2) Evidence of any admission or confession by, or other evidence that\nwould be admissible against, an Australian legal practitioner or\nanyone else in relation to an act or omission giving rise to a claim is\nadmissible to prove the act or omission even though the practitioner\nor other person is not a defendant in, or a party to, the proceeding.\n(3) Any defence that would have been available to the Australian legal\npractitioner or other person is available to the law society council.\nDivision 3.4.6 Payments from fidelity fund for\ndefaults\n","sortOrder":350},{"sectionNumber":"347","sectionType":"section","heading":"Payments for defaults","content":"347 Payments for defaults\n(1) The fidelity fund must be applied by the law society council for the\npurpose of compensating claimants in relation to claims allowed\nunder this part in relation to defaults to which this part applies.\n(2) An amount payable from the fidelity fund in relation to a claim is\npayable to the claimant or to someone else at the claimant’s direction.\n","sortOrder":351},{"sectionNumber":"348","sectionType":"section","heading":"Caps on payments from fidelity fund","content":"348 Caps on payments from fidelity fund\n(1) A regulation may fix either or both of the following:\n(a) the maximum amounts, or the method of working out maximum\namounts, that may be paid from the fidelity fund in relation to\nclaims;\n(b) the maximum total amount, or the method of working out the\nmaximum total amount, that may be paid from the fidelity fund\nin relation to all claims made in relation to law practices.\n(2) Amounts must not be paid from the fidelity fund that exceed the\namounts fixed, or worked out by a method fixed, under\nsubsection (1).\n\nPayments from fidelity fund for defaults Division 3.4.6\n(3) Payments from the fidelity fund in accordance with the requirements\nof subsection (2) are made in full and final settlement of the claims\nconcerned.\n(4) Despite subsection (2), the law society council may authorise\npayment of a larger amount if satisfied that it would be reasonable to\nauthorise payment of the amount after taking into account the position\nof the fidelity fund and the circumstances of the particular case.\n(5) A proceeding cannot be brought, by way of appeal or otherwise, to\nrequire the payment of a larger amount or to require the law society\ncouncil to consider payment of a larger amount.\n","sortOrder":352},{"sectionNumber":"349","sectionType":"section","heading":"Sufficiency of fidelity fund","content":"349 Sufficiency of fidelity fund\n(1) If the law society council is of the opinion that the fidelity fund is\nlikely to be insufficient to meet the fund’s ascertained and contingent\nliabilities, the council may do any or all of the following:\n(a) postpone all payments relating to all or any class of claims out\nof the fund;\n(b) impose a levy under section 324 (Levy to supplement fidelity\nfund);\n(c) make partial payments of the amounts of 1 or more allowed\nclaims out of the fund with payment of the balance being a\ncharge on the fund;\n(d) make partial payments of the amounts of 2 or more allowed\nclaims out of the fund on a proportionate basis, with payment of\nthe balance ceasing to be a liability of the fund.\n(2) In deciding whether to do any or all of the things mentioned in\nsubsection (1), the law society council—\n(a) must have regard to hardship, if relevant information is known\nto the council; and\n\n(b) must endeavour to treat outstanding claims equally and\nequitably, but may make special adjustments in cases of\nhardship.\n(3) If the law society council declares that a decision is made under\nsubsection (1) (d)—\n(a) the balance stated in the declaration stops being a liability of the\n(b) the council may (but need not) at any time revoke the declaration\nin relation to either all or a stated part of the balance, and the\nbalance or that part of the balance again becomes a liability of\nthe fund.\n(4) A decision of the law society council made under this section is final\nand is not subject to appeal or review.\n","sortOrder":353},{"sectionNumber":"350","sectionType":"section","heading":"Claims by law practices or associates about defaults","content":"350 Claims by law practices or associates about defaults\n(1) This section applies to a default of a law practice arising from or\nconstituted by an act or omission of an associate of the practice.\n(2) A claim may be made under section 330 (Claims about defaults) by\nanother associate of the law practice, if the associate suffers pecuniary\nloss because of the default.\n(3) A claim may be made under section 330 by the law practice, if the\npractice is an incorporated legal practice and it suffers pecuniary loss\nbecause of the default.\n\nDefaults involving interstate elements Division 3.4.8\n","sortOrder":354},{"sectionNumber":"351","sectionType":"section","heading":"Claims by law practices or associates about notional","content":"351 Claims by law practices or associates about notional\ndefaults\n(1) This section applies if a default of a law practice arising from or\nconstituted by an act or omission of an associate of the practice was\navoided, remedied or reduced by a financial contribution made by the\npractice or by 1 or more other associates.\n(2) For this section, the default, to the extent that it was avoided,\nremedied or reduced, is a notional default.\n(3) This part applies, with necessary changes, to a notional default in the\nsame way as it applies to other defaults of law practices, but only the\nlaw practice or the other associate or associates concerned are eligible\nto make claims about the notional default.\nNote A regulation may fix a maximum amount that may be paid in relation to\na claim (see s 348).\n","sortOrder":355},{"sectionNumber":"352","sectionType":"section","heading":"Concerted interstate defaults","content":"352 Concerted interstate defaults\n(1) The law society council may treat a concerted interstate default as if\nthe default consisted of 2 or more separate defaults—\n(a) 1 of which is a default to which this part applies, if the ACT is\nthe relevant jurisdiction of 1 or more of the associates involved;\nand\n(b) the other or others of which are defaults to which this part does\nnot apply, if another jurisdiction or jurisdictions are the relevant\njurisdictions of 1 or more of the associates involved.\n(2) The law society council may treat a claim about a concerted interstate\ndefault as if the claim consisted of—\n(a) 1 or more claims made under this part; and\n(b) 1 or more claims made under a corresponding law or laws.\n\n(3) A claim about a concerted interstate default must be assessed on the\nbasis that the fidelity funds of the relevant jurisdictions involved are\nto contribute—\n(a) in equal shares in relation to the default, irrespective of the\nnumber of associates involved in each of those jurisdictions, and\ndisregarding the capping and sufficiency provisions of those\njurisdictions; or\n(b) in other shares as agreed by the law society council and the\ncorresponding authority or authorities involved.\n(4) Subsection (3) does not affect the application of the capping and\nsufficiency requirements of the ACT in relation to the amount\npayable from the fidelity fund after the claim has been assessed.\n","sortOrder":356},{"sectionNumber":"353","sectionType":"section","heading":"Defaults involving interstate elements if committed by","content":"353 Defaults involving interstate elements if committed by\n1 associate only\n(1) This section applies to a default of a law practice arising from or\nconstituted by an act or omission that was committed by only 1\nassociate of the practice, if the default involves more than 1 of the\ncases mentioned in section 327 (2) to (4) (Meaning of relevant\njurisdiction for pt 3.4).\n(2) The law society council may treat the default as if the default\nconsisted of 2 or more separate defaults—\n(a) 1 of which is a default to which this part applies, if the ACT is\nthe relevant jurisdiction; and\n(b) the other or others of which are defaults to which this part does\nnot apply, if another jurisdiction or jurisdictions are the relevant\njurisdictions.\n\n(3) The law society council may treat a claim about the default as if the\nclaim consisted of—\n(a) 1 or more claims made under this part; and\n(b) 1 or more claims made under a corresponding law or laws.\n(4) A claim about a default to which this section applies must be assessed\non the basis that the fidelity funds of the relevant jurisdictions\ninvolved are to contribute—\n(a) in equal shares in relation to the default, and disregarding the\ncapping and sufficiency provisions of those jurisdictions; or\n(b) in other shares as agreed by the law society council and the\ncorresponding authority or authorities involved.\n(5) Subsection (4) does not affect the application of the capping and\nsufficiency requirements of the ACT in relation to the amount\npayable from the fidelity fund after the claim has been assessed.\n","sortOrder":357},{"sectionNumber":"354","sectionType":"section","heading":"Protocols—pt 3.4","content":"354 Protocols—pt 3.4\n(1) The law society council may enter into arrangements (the protocols)\nwith corresponding authorities in relation to matters to which this part\nrelates.\n(2) A regulation may authorise the making of a protocol that provides\nthat the law society council is taken to have—\n(a) requested a corresponding authority to act as agent of the council\nin stated cases; or\n(b) agreed to act as agent of a corresponding authority in stated\ncases.\n\n","sortOrder":358},{"sectionNumber":"355","sectionType":"section","heading":"Forwarding of claims","content":"355 Forwarding of claims\n(1) If a claim is made to the law society council about a default that\nappears to be a default to which a corresponding law applies, the\ncouncil must forward the claim or a copy of it to a corresponding\nauthority of the jurisdiction concerned.\n(2) If a claim is made to a corresponding authority about a default that\nappears to be a default to which this part applies and the claim or a\ncopy of it is forwarded under a corresponding law to the law society\ncouncil by the corresponding authority, the claim is taken—\n(a) to have been made under this part; and\n(b) to have been made under this part when the claim was received\nby the corresponding authority.\n","sortOrder":359},{"sectionNumber":"356","sectionType":"section","heading":"Investigation of defaults to which pt 3.4 applies","content":"356 Investigation of defaults to which pt 3.4 applies\n(1) This section applies if a default appears to be a default to which this\npart applies and to have—\n(a) happened solely in another jurisdiction; or\n(b) happened in more than 1 jurisdiction; or\n(c) happened in circumstances in which it cannot be decided\nprecisely in which jurisdiction the default happened.\n(2) The law society council may request a corresponding authority or\ncorresponding authorities to act as agent or agents for the council for\nthe purpose of processing or investigating a claim about the default\nor aspects of the claim.\n\n","sortOrder":360},{"sectionNumber":"357","sectionType":"section","heading":"Investigation of defaults to which corresponding law","content":"357 Investigation of defaults to which corresponding law\napplies\n(1) This section applies if a default appears to be a default to which a\ncorresponding law applies and to have—\n(a) happened solely in the ACT; or\n(b) happened in more than 1 jurisdiction (including the ACT); or\n(c) happened in circumstances in which it cannot be decided\nprecisely in which jurisdiction the default happened.\n(2) The law society council may act as agent of a corresponding\nauthority, if requested to do so by the corresponding authority, for the\npurpose of processing or investigating a claim about the default or\naspects of the claim.\n(3) If the law society council agrees to act as agent of a corresponding\nauthority under subsection (2), the council may exercise any of its\nfunctions in relation to processing or investigating the claim or\naspects of the claim as if the claim had been made under this part.\n","sortOrder":361},{"sectionNumber":"358","sectionType":"section","heading":"Investigation of concerted interstate defaults and other","content":"358 Investigation of concerted interstate defaults and other\ndefaults involving interstate elements\n(a) a concerted interstate default appears to have happened; or\n(b) a default to which section 353 (Defaults involving interstate\nelements if committed by 1 associate only) appears to have\nhappened.\n(2) The law society council may request a corresponding authority or\ncorresponding authorities to act as agent or agents for the council for\nthe purpose of processing or investigating a claim about the default\nor aspects of the claim.\n\n(3) The law society council may act as agent of a corresponding\nauthority, if requested to do so by the corresponding authority, for the\npurpose of processing or investigating a claim about the default or\naspects of the claim.\n(4) If the law society council agrees to act as agent of a corresponding\nauthority under subsection (3), the council may exercise any of its\nfunctions in relation to processing or investigating the claim or\naspects of the claim as if the claim had been made entirely under this\npart.\n","sortOrder":362},{"sectionNumber":"359","sectionType":"section","heading":"Recommendations by law society council to","content":"359 Recommendations by law society council to\ncorresponding authorities\nIf the law society council is acting as agent of a corresponding\nauthority in relation to a claim made under a corresponding law, the\ncouncil may make recommendations about the decision the\ncorresponding authority might make about the claim.\n","sortOrder":363},{"sectionNumber":"360","sectionType":"section","heading":"Recommendations to law society council by","content":"360 Recommendations to law society council by\ncorresponding authorities etc\n(1) If a corresponding authority makes recommendations about the\ndecision the law society council might make about a claim in relation\nto which the corresponding authority was acting as agent of the\ncouncil, the council may—\n(a) make its decision about the claim in accordance with the\nrecommendations, whether with or without further\nconsideration, investigation or inquiry; or\n(b) disregard the recommendations.\n(2) A corresponding authority cannot, as agent of the law society council,\nmake a decision about the claim under division 3.4.5 (Deciding\nclaims).\n\n","sortOrder":364},{"sectionNumber":"361","sectionType":"section","heading":"Request to another jurisdiction to investigate aspects of","content":"361 Request to another jurisdiction to investigate aspects of\n(1) The law society council may request a corresponding authority to\narrange for the investigation of any aspect of a claim being dealt with\nby the council and to provide a report on the result of the\ninvestigation.\n(2) A report on the result of the investigation received from—\n(a) the corresponding authority; or\n(b) an entity authorised by the corresponding authority to conduct\nthe investigation;\nmay be used and taken into consideration by the law society council\nin the course of dealing with the claim under this part.\n","sortOrder":365},{"sectionNumber":"362","sectionType":"section","heading":"Request from another jurisdiction to investigate aspects","content":"362 Request from another jurisdiction to investigate aspects\nof claim\n(1) This section applies in relation to a request received by the law society\ncouncil from a corresponding authority to arrange for the\ninvestigation of any aspect of a claim being dealt with under a\n(2) The law society council may conduct the investigation.\n(3) The provisions of this part relating to the investigation of a claim\napply, with necessary changes, in relation to the investigation of the\nrelevant aspect of the claim that is the subject of the request.\n(4) The law society council must provide a report on the result of the\ninvestigation to the corresponding authority.\n\n","sortOrder":366},{"sectionNumber":"363","sectionType":"section","heading":"Cooperation with other authorities for pt 3.4","content":"363 Cooperation with other authorities for pt 3.4\n(1) In dealing with a claim under this part involving a law practice or an\nAustralian legal practitioner, the law society council may consult and\ncooperate with another entity that has powers under the\ncorresponding law of another jurisdiction in relation to the practice or\n(2) For subsection (1), the law society council and the other entity may\nexchange information about the claim.\n","sortOrder":367},{"sectionNumber":"364","sectionType":"section","heading":"Interstate legal practitioner becoming authorised to","content":"364 Interstate legal practitioner becoming authorised to\nwithdraw from local trust account\n(1) This section applies to an interstate legal practitioner who (whether\nalone or with a cosignatory) becomes authorised to withdraw money\nfrom a local trust account.\n(2) A regulation may do either or both of the following:\n(a) require the practitioner to tell the law society council of the\nauthorisation in accordance with the regulation;\n(b) require the practitioner to make contributions to the fidelity fund\nin accordance with the regulation.\n(3) A regulation may decide or provide for the deciding of 1 or both of\nthe following:\n(a) how the notification must be made and the information or\nmaterial that must be included in or to accompany the\nnotification;\n(b) the amount of the contributions, their frequency and how they\nmust be made.\n(4) The interstate legal practitioner must comply with the applicable\nrequirements of a regulation under this section.\n\nMiscellaneous—pt 3.4 Division 3.4.10\n","sortOrder":368},{"sectionNumber":"365","sectionType":"section","heading":"Application of pt 3.4 to incorporated legal practices","content":"365 Application of pt 3.4 to incorporated legal practices\nprovision of this Act relating to the fidelity fund, does not apply to\nincorporated legal practices or applies to them with prescribed\nof this Act relating to the fidelity fund, to an incorporated legal\npractice, a reference in the provision to a default of a law practice\nextends to a default of an incorporated legal practice, but only if it\nhappens in relation to the provision of legal services.\n(3) This section does not affect any obligation of an Australian legal\npractitioner who is an officer or employee of an incorporated legal\npractice to comply with the provisions of this part or any other\nprovision of this Act relating to the fidelity fund.\n(4) An incorporated legal practice is required to make payments to or on\naccount of the fidelity fund under this Act as if it were an Australian\nlawyer applying for or holding a local practising certificate.\n(5) The incorporated legal practice must not engage in legal practice in\nthe ACT if any payment is not made by the due date and while the\npractice remains in default of subsection (4).\n(6) The law society council may suspend the local practising certificate\nof a legal practitioner director of the practice if any payment is not\nmade by the due date.\n(7) The amounts payable to the fidelity fund by an incorporated legal\npractice may be decided by reference to the total number of\nAustralian legal practitioners employed by the practice and other\nrelevant matters.\n\n","sortOrder":369},{"sectionNumber":"366","sectionType":"section","heading":"Application of pt 3.4 to multidisciplinary partnerships","content":"366 Application of pt 3.4 to multidisciplinary partnerships\nprovision of this Act relating to the fidelity fund, does not apply to\nmultidisciplinary partnerships or applies to them with prescribed\nof this Act relating to the fidelity fund, to a multidisciplinary\npartnership, a reference in the provision to a default of a law practice\nextends to a default of a multidisciplinary partnership or a partner or\nemployee of a multidisciplinary partnership, whether or not anyone\ninvolved is an Australian legal practitioner, but only if it happens in\nrelation to the provision of legal services.\n(3) This section does not affect any obligation of an Australian legal\npractitioner who is a partner or employee of a multidisciplinary\npartnership to comply with the provisions of this part or any other\nprovision of this Act relating to the fidelity fund.\n(4) The amounts payable to the fidelity fund by the legal practitioner\npartners of a multidisciplinary partnership may be decided by\nreference to the total number of Australian legal practitioners\nemployed by the partnership and other relevant matters.\n","sortOrder":370},{"sectionNumber":"367","sectionType":"section","heading":"Application of pt 3.4 to sole practitioners whose","content":"367 Application of pt 3.4 to sole practitioners whose\npractising certificates lapse\n(a) an Australian lawyer is not an Australian legal practitioner\nbecause the lawyer’s Australian practising certificate has lapsed;\nand\n(b) the lawyer was a sole practitioner immediately before the\ncertificate lapsed.\n\nMiscellaneous—pt 3.4 Division 3.4.10\n(2) However, this section does not apply if—\n(a) the practising certificate has been suspended or cancelled under\nthis Act or a corresponding law; or\n(b) the lawyer’s application for the grant or renewal of an Australian\npractising certificate has been refused under this Act or a\ncorresponding law and the lawyer would be an Australian legal\npractitioner had it been granted or renewed.\n(3) For the other provisions of this part, the practising certificate is taken\nnot to have lapsed, and accordingly the lawyer is taken to continue to\nbe an Australian legal practitioner.\n(4) Subsection (2) ceases to apply to the lawyer when whichever of the\nfollowing happens first:\n(a) a manager or receiver is appointed under this Act for the law\npractice that is the lawyer as a sole practitioner;\n(b) the period of 6 months after the day the practising certificate\nactually lapsed ends;\n(c) the lawyer’s application for the grant or renewal of an Australian\npractising certificate is refused under this Act or a corresponding\nlaw.\n","sortOrder":371},{"sectionNumber":"368","sectionType":"section","heading":"Availability of law society property for claims","content":"368 Availability of law society property for claims\nThe fidelity fund is the only property of the law society available for\npayment in relation to a successful claim.\n\nPart 3.5 Mortgage practices and managed\ninvestment schemes\n","sortOrder":372},{"sectionNumber":"369","sectionType":"section","heading":"Definitions—pt 3.5","content":"369 Definitions—pt 3.5\napproved policy of fidelity insurance—see section 373 (2) (Solicitor\nto have fidelity cover for regulated mortgages).\nASIC exemption means an exemption from the Corporations Act\ngiven by the Australian Securities and Investments Commission\nunder that Act.\nassociate, of a solicitor, means—\n(a) a partner of the solicitor, whether or not the partner is a solicitor;\nor\n(b) an employee or agent of the solicitor; or\n(c) a corporation, or a member of a corporation, partnership,\nsyndicate or joint venture, in which the solicitor or a person\nmentioned in paragraph (a) or (b) has a beneficial interest; or\n(d) a co-trustee with the solicitor; or\n(e) a person who is in a prescribed relationship to the solicitor or to\na person mentioned in paragraph (a), (b), (c) or (d).\nborrower means a person who borrows from a lender or contributor\nmoney that is secured by a mortgage.\n\nPreliminary—pt 3.5 Division 3.5.1\nclient, of a solicitor, means a person who—\n(a) receives the solicitor’s advice about investment in a regulated\nmortgage or managed investment scheme; or\n(b) gives the solicitor instructions to use money for a regulated\nmortgage or managed investment scheme.\ncontributor means a person who lends, or proposes to lend, money\nthat is secured by a contributory mortgage arranged by a solicitor.\ncontributory mortgage means a mortgage to secure money lent by 2\nor more contributors as tenants in common or joint tenants, whether\nor not the mortgagee is someone who holds the mortgage in trust for\nthe contributors.\nfinancial institution means—\n(a) an ADI; or\n(b) a friendly society under the Life Insurance Act 1995 (Cwlth); or\n(c) a trustee company under the Trustee Companies Act 1947; or\n(d) a property trust or other corporation established by or in relation\nto a church that may invest money in accordance with an Act;\nor\n(e) an entity prescribed by regulation for this definition.\nlender means a person who lends, or proposes to lend, a borrower\nmoney that is secured by a mortgage.\nmember, of a managed investment scheme—see the Corporations\nAct, section 9.\n\nprescribed relationship—a person is in a prescribed relationship to\nanother person if the relationship is that of—\n(a) a domestic partner; or\n(b) a child, grandchild, brother, sister, parent or grandparent\n(whether derived through a domestic partner or otherwise); or\n(c) a kind prescribed by regulation for this subsection.\nNote For the meaning of domestic partner, see the Legislation Act, s 169.\nregulated mortgage means a mortgage (including a contributory\nmortgage) other than—\n(a) a mortgage under which the lender is a financial institution; or\n(b) a mortgage under which the lender or contributors nominate the\nborrower, but only if the borrower is not a person introduced to\nthe lender or contributors by the solicitor who acts for the lender\nor contributors or by—\n(i) an associate of the solicitor; or\n(ii) an agent of the solicitor; or\n(iii) a person engaged by the solicitor to introduce the borrower\nto the lender or contributors; or\n(c) a mortgage prescribed by regulation as exempt from this\nresponsible entity—see the Corporations Act, section 9.\nrun-out mortgage means a regulated mortgage entered into before 10\nSeptember 2002 that is not—\n(a) a territory regulated mortgage; or\n(b) a mortgage that forms part of a managed investment scheme that\nis required to be operated by a responsible entity under the\nCorporations Act (as modified by any ASIC exemption or the\nregulations under that Act).\n\nterritory regulated mortgage—a regulated mortgage is a territory\nregulated mortgage in relation to a solicitor if—\n(a) the solicitor’s practice is a territory regulated mortgage practice;\nand\n(b) the regulated mortgage does not form part of a managed\ninvestment scheme or, if it does form part of a managed\ninvestment scheme, the managed investment scheme is not\nrequired to be operated by a responsible entity under the\nCorporations Act (as modified by any ASIC exemption or a\nregulation under that Act).\nterritory regulated mortgage practice means a solicitor’s practice for\nwhich a nomination under section 371 (Nomination of practice as\nterritory regulated mortgage practice) is in force.\n","sortOrder":373},{"sectionNumber":"370","sectionType":"section","heading":"Conduct of mortgage practices","content":"370 Conduct of mortgage practices\n(1) A solicitor must not, in the solicitor’s capacity as solicitor for a lender\nmortgage unless—\n(a) the mortgage is a territory regulated mortgage; or\n(b) the mortgage is a run-out mortgage; or\n(c) the mortgage forms part of a managed investment scheme that\nis operated by a responsible entity.\n\n(2) A solicitor must not, in the solicitor’s capacity as solicitor for a lender\nmortgage except in accordance with—\n(a) the Corporations Act, or that Act as modified by any ASIC\nexemption or the regulations under that Act; and\n(b) this Act.\n(3) A solicitor must not, in the solicitor’s capacity as solicitor for a lender\nmortgage that forms part of a managed investment scheme unless the\nsolicitor complies with any ASIC exemption that applies to managed\ninvestment schemes that—\n(a) have more than 20 members; and\n(b) are operated under the supervision of the law society in\naccordance with that exemption.\n(4) Subsection (3) applies even if the regulated mortgage forms part of a\nmanaged investment scheme that has no more than 20 members.\n(5) Subsection (3) does not apply if the managed investment scheme is\noperated by a responsible entity.\n(6) A solicitor who knows that an associate has contravened\nsubsection (1), (2) or (3) must give written notice to the law society\ncouncil of that fact not later than 21 days after the day the solicitor\nbecomes aware of the contravention.\n(7) A contravention of this section can be professional misconduct.\n\n","sortOrder":374},{"sectionNumber":"371","sectionType":"section","heading":"Nomination of practice as territory regulated mortgage","content":"371 Nomination of practice as territory regulated mortgage\n(1) A solicitor who, in the solicitor’s capacity as solicitor for a lender or\ncontributor, negotiates the making of or acts in relation to a regulated\nmortgage, or who proposes to do so, may, by written notice given to\nthe law society council, nominate the solicitor’s practice as a territory\nregulated mortgage practice.\n(2) A nomination may, if the law society council approves, be made for\na solicitor by another solicitor.\nA nomination could be made by a solicitor on behalf of members of a firm of\nsolicitors.\n(3) A nomination of a solicitor’s practice as a territory regulated\nmortgage practice takes effect on the day written notice of the\nnomination is given to the law society council.\n(4) A nomination ceases to be in force in relation to a solicitor if—\n(a) the solicitor revokes the nomination by written notice given to\nthe law society council; or\n(b) the solicitor’s practising certificate ceases to be in force; or\n(c) the law society council, by written notice given to the solicitor,\nrejects the nomination of the solicitor’s practice.\n(5) A nomination must include the information (if any) required by\nregulation and the legal profession rules.\n","sortOrder":375},{"sectionNumber":"372","sectionType":"section","heading":"Law society council to be notified of territory regulated","content":"372 Law society council to be notified of territory regulated\n(1) A solicitor commits an offence if the solicitor—\n(a) in the solicitor’s capacity as solicitor for a lender or contributor,\nnegotiates the making of or acts in relation to a territory\nregulated mortgage; and\n\n(b) fails to give the law society council written notice of that fact in\naccordance with the regulations or the legal profession rules.\nMaximum penalty: 20 penalty units.\n(2) A contravention of this section can be professional misconduct.\n","sortOrder":376},{"sectionNumber":"373","sectionType":"section","heading":"Solicitor to have fidelity cover for regulated mortgages","content":"373 Solicitor to have fidelity cover for regulated mortgages\n(1) If a solicitor, in the solicitor’s capacity as solicitor for a lender or\ncontributor, negotiates the making of or acts in relation to a regulated\nmortgage, the solicitor must ensure that an approved policy of fidelity\ninsurance is in force in relation to the solicitor for the purpose of\ncompensating people who suffer financial loss because of any\ndishonest failure to pay money payable under the mortgage.\n(2) A policy of fidelity insurance is an approved policy of fidelity\ninsurance if:\n(a) the insurer and the terms of the policy have been approved for\nthis division by the Attorney-General by written order given to\nthe law society council; and\n(b) any conditions imposed by the order are complied with.\n(3) A solicitor commits an offence if—\n(a) the solicitor, in the solicitor’s capacity as solicitor for a lender\nor contributor, negotiates the making of or acts in relation to a\nregulated mortgage; and\n(b) an approved policy of fidelity insurance is not in force in relation\nto the solicitor in accordance with this section.\nMaximum penalty: 20 penalty units.\n(4) A contravention of subsection (3) can be professional misconduct.\n(5) This section does not apply in relation to a regulated mortgage that\nforms part of a managed investment scheme operated by a responsible\n\n","sortOrder":377},{"sectionNumber":"374","sectionType":"section","heading":"Bar on claims against fidelity fund relating to regulated","content":"374 Bar on claims against fidelity fund relating to regulated\n(1) A lender or contributor under a regulated mortgage is not entitled to\nclaim against the fidelity fund to obtain compensation for a financial\nloss if the claim relates to a regulated mortgage for which a solicitor\nis required to have fidelity insurance under section 373 (Solicitor to\nhave fidelity cover for regulated mortgages).\n(2) Subsection (1) does not apply if the solicitor who acts for the lender\nor contributor contravenes section 373 in relation to the mortgage.\n(3) However, any claim on the fidelity fund by a lender or contributor to\nwhom subsection (2) relates—\n(a) is to be dealt with as if the solicitor had complied with\nsection 373; and\n(b) in particular, is subject to the same restrictions (including the\namount of any compensation payable) as would have applied to\na claim under an approved policy of fidelity insurance had such\na policy been in force in relation to the solicitor in accordance\nwith that section.\n","sortOrder":378},{"sectionNumber":"375","sectionType":"section","heading":"Notification of insurance arrangements for regulated","content":"375 Notification of insurance arrangements for regulated\n(1) If a client entrusts money to a solicitor and the money, or part of the\nmoney, is proposed to be advanced to a borrower for a regulated\nmortgage, the solicitor must, not later than 7 days after the day the\nmoney is entrusted to the solicitor, give the client written notice\n(a) tells the client about the effect of section 374 (Bar on claims\nagainst fidelity fund relating to regulated mortgages); and\n(b) includes details of the solicitor’s approved policy of fidelity\ninsurance.\n\n(2) The solicitor must not advance any of the money to a borrower for a\nregulated mortgage unless—\n(a) the solicitor has given the client notice under subsection (1); and\n(b) after having been given the notice, the client has given the\nsolicitor written authority to advance money for the mortgage.\n(3) A contravention of this section can be professional misconduct.\n(4) A contravention of this section does not limit the operation of\nsection 374.\n(5) This section does not apply in relation to a regulated mortgage that\nforms part of a managed investment scheme operated by a responsible\n","sortOrder":379},{"sectionNumber":"376","sectionType":"section","heading":"Failure to obtain fidelity insurance for regulated mortgage","content":"376 Failure to obtain fidelity insurance for regulated mortgage\n(1) The law society council must not grant or renew a practising\ncertificate for an applicant who is or will be required to comply with\nsection 373 (Solicitor to have fidelity cover for regulated mortgages)\nunless it is satisfied that—\n(a) an approved policy of fidelity insurance is, or will be, in force\nin relation to the applicant; and\n(b) the policy is, or will be, in force in relation to the applicant while\nthe applicant’s practising certificate is in force.\n(2) The law society council must suspend the practising certificate of a\nsolicitor who is required to comply with section 373 unless it is\n(a) an approved policy of fidelity insurance is in force in relation to\nthe solicitor; and\n(b) the policy will remain in force in relation to the solicitor while\nthe solicitor’s practising certificate is in force.\n\nManaged investment schemes Division 3.5.3\n(3) The law society council must end the suspension of a solicitor’s\npractising certificate under subsection (2) when it is satisfied of the\nmatters mentioned in subsection (2) (a) and (b) in relation to the\n(4) The law society council must suspend the entitlement under part 2.4\n(Legal practice by Australian legal practitioners) to practise in the\nACT of a solicitor who is required to comply with section 373 unless\nit is satisfied that—\n(a) an approved policy of fidelity insurance is, or will be, in force\nin relation to the solicitor; and\n(b) the policy will not expire before the end of the solicitor’s\nentitlement under part 2.4 to practise in the ACT.\n(5) The law society council must end the suspension of a solicitor’s\nentitlement to practise under subsection (4) when it is satisfied of the\nmatters mentioned in subsection (4) (a) and (b) in relation to the\n","sortOrder":380},{"sectionNumber":"377","sectionType":"section","heading":"Involvement of solicitors in managed investment","content":"377 Involvement of solicitors in managed investment\nschemes\n(1) This part does not prevent a solicitor from carrying out any legal\nservices in relation to a managed investment scheme operated by a\nresponsible entity, or from having an interest in such a managed\ninvestment scheme or in the responsible entity for such a managed\ninvestment scheme.\n\n(2) However, if a client entrusts, or proposes to entrust, money to a\nsolicitor to be invested in a managed investment scheme operated by\na responsible entity, and the solicitor has a relevant interest in the\nmanaged investment scheme, the solicitor must give the client written\nnotice telling the client that—\n(a) the solicitor has an interest in the managed investment scheme;\nand\n(b) the operation of the managed investment scheme does not form\npart of the solicitor’s practice; and\n(c) there is no right to claim against the fidelity fund for a financial\nloss arising from an investment in the managed investment\nscheme.\n(3) The notice must include any other information required by a\nregulation or the legal profession rules.\n(4) The solicitor must not advance the money entrusted to the solicitor to\nthe responsible entity for the managed investment scheme or to\nanyone else unless the client has been given the notice.\n(5) A solicitor who knows that an associate has contravened\nsubsection (2), (3) or (4) must give written notice to the law society\ncouncil of that fact not later than 21 days after the day the solicitor\nbecomes aware of the contravention.\n(6) A contravention of this section can be professional misconduct.\nrelevant interest—a solicitor has a relevant interest in a managed\ninvestment scheme if the solicitor, or an associate of the solicitor—\n(a) is a director of, or concerned in, the management of the\nresponsible entity for the managed investment scheme; or\n(b) is a shareholder in the responsible entity; or\n\nManaged investment schemes Division 3.5.3\n(c) is taken to be an agent of the responsible entity under the\nCorporations Act, chapter 5C; or\n(d) receives any financial benefit from the managed investment\nscheme or the responsible entity if a client of the solicitor invests\nin the managed investment scheme; or\n(e) has an interest prescribed by regulation or the legal profession\nrules in the managed investment scheme or the responsible\n","sortOrder":381},{"sectionNumber":"378","sectionType":"section","heading":"Claims against fidelity fund relating to managed","content":"378 Claims against fidelity fund relating to managed\ninvestment schemes connected with solicitors\n(1) This section applies to a person who entrusts money to a solicitor to\nbe invested in a managed investment scheme operated by a\nresponsible entity if the solicitor has a relevant interest in the scheme.\n(2) The person is not entitled to make a claim against the fidelity fund to\nobtain compensation for any financial loss arising from that\ninvestment if the solicitor gave notice to the person in accordance\nwith section 377 (2) and (3) (Involvement of solicitors in managed\ninvestment schemes).\nrelevant interest—see section 377 (7).\n","sortOrder":382},{"sectionNumber":"379","sectionType":"section","heading":"Transfer of mortgages to responsible entity","content":"379 Transfer of mortgages to responsible entity\n(1) If a solicitor, in the solicitor’s capacity as solicitor for a lender or\ncontributor, is responsible for the administration of a regulated\nmortgage, the solicitor must not transfer the mortgage to a responsible\nentity for a managed investment scheme unless the lender or\ncontributor has given the solicitor written authority to transfer the\nmortgage to the responsible entity.\n(2) A contravention of this section can be professional misconduct.\n\nscheme property—see the Corporations Act, section 9.\ntransfer a regulated mortgage to a responsible entity—a solicitor\ntransfers a regulated mortgage to a responsible entity if the solicitor\ndoes anything that results in—\n(a) a responsible entity for a managed investment scheme becoming\nthe holder or custodian of the regulated mortgage; or\n(b) any money advanced in relation to the mortgage, or the property\nthat is charged or encumbered by the mortgage, becoming\nscheme property of a managed investment scheme.\n","sortOrder":383},{"sectionNumber":"380","sectionType":"section","heading":"Law society council may require information about","content":"380 Law society council may require information about\nmortgage practices\n(1) The law society council may, by written notice, require a solicitor to\nprovide information to the law society council about any of the\n(a) whether the solicitor, an associate of the solicitor or a person\nengaged by the solicitor negotiates the making of or acts in\nrelation to regulated mortgages or has done so in the past;\n(b) details of regulated mortgages that continue to have effect;\n(c) whether the solicitor intends—\n(i) to nominate the solicitor’s practice as a territory regulated\nmortgage practice; or\n(ii) to transfer responsibility for any regulated mortgage; or\n(iii) to take no further action in relation to any regulated\nmortgage;\n\nMiscellaneous—pt 3.5 Division 3.5.4\n(d) any other information, relating to regulated mortgages,\nprescribed by regulation or legal profession rules.\n(2) A solicitor who contravenes a notice under this section commits\nprofessional misconduct.\n","sortOrder":384},{"sectionNumber":"381","sectionType":"section","heading":"Effect of pt 3.5 on indemnity insurance","content":"381 Effect of pt 3.5 on indemnity insurance\nThis part does not affect the terms of any policy of professional\nindemnity insurance approved under part 3.3 (Professional indemnity\ninsurance).\n","sortOrder":385},{"sectionNumber":"382","sectionType":"section","heading":"Regulations and rules—pt 3.5","content":"382 Regulations and rules—pt 3.5\n(1) A regulation or the legal profession rules may make provision in\n(a) regulated mortgages, including run-out mortgages; and\n(b) the involvement of solicitors in managed investment schemes.\n(2) In particular, a regulation or the legal profession rules may make\nprovision in relation to the following:\n(a) the making of and acting in relation to regulated mortgages by\nsolicitors;\n(b) how the law society council is to be given any notice or other\ninformation under this part;\n(c) how notices are to be given under this part;\n(d) ensuring that the operation of a managed investment scheme by\na responsible entity is kept separate from a solicitor’s practice;\n(e) ensuring that clients of a solicitor are aware that the operation of\na managed investment scheme does not form part of the\nsolicitor’s practice.\n\n","sortOrder":386},{"sectionNumber":"Part 4","sectionType":"part","heading":"1 Preliminary and application—","content":"Part 4.1 Preliminary and application—\nch 4\n","sortOrder":387},{"sectionNumber":"383","sectionType":"section","heading":"Definitions—ch 4","content":"383 Definitions—ch 4\nprofessional misconduct—see section 387.\nunsatisfactory employment conduct—see section 388.\nunsatisfactory professional conduct—see section 386.\n(2) In this chapter:\ncomplaint means a complaint under this chapter.\nconduct means conduct whether consisting of an act or omission.\nofficial complaint means a complaint made by a council.\n","sortOrder":388},{"sectionNumber":"384","sectionType":"section","heading":"Purposes—ch 4","content":"384 Purposes—ch 4\nThe purposes of this chapter are as follows:\n(a) to provide a nationally consistent scheme for the discipline of\nthe legal profession in the ACT, in the interests of the\nadministration of justice and for the protection of consumers of\nthe services of the legal profession and the public generally;\n(b) to promote and enforce the professional standards, competence\nand honesty of the legal profession;\n(c) to provide a means of redress for complaints about lawyers;\n\nKey concepts—ch 4 Division 4.1.2\n(d) to enable people who are not lawyers to participate in complaints\nand disciplinary processes involving lawyers.\n","sortOrder":389},{"sectionNumber":"385","sectionType":"section","heading":"Application of ch 4 to lawyers, former lawyers and former","content":"385 Application of ch 4 to lawyers, former lawyers and former\npractitioners etc\n(1) This chapter applies, with necessary changes, to an Australian lawyer\nor former Australian lawyer in relation to conduct happening while\nthe lawyer or former lawyer was an Australian lawyer, but not an\nAustralian legal practitioner, in the same way as it applies to an\nAustralian legal practitioner or former Australian legal practitioner.\n(2) This chapter applies, with necessary changes, to a former Australian\nlegal practitioner in relation to conduct happening while the former\npractitioner was an Australian legal practitioner in the same way as it\napplies to an Australian legal practitioner.\n(3) This chapter applies, with necessary changes, to a former employee\nof a solicitor in relation to conduct happening while the former\nemployee was an employee of the solicitor in the same way as it\napplies to an employee of a solicitor.\n","sortOrder":390},{"sectionNumber":"386","sectionType":"section","heading":"What is unsatisfactory professional conduct?","content":"386 What is unsatisfactory professional conduct?\nunsatisfactory professional conduct includes conduct of an\nAustralian legal practitioner happening in connection with the\npractice of law that falls short of the standard of competence and\ndiligence that a member of the public is entitled to expect of a\nreasonably competent Australian legal practitioner.\nNote See also s 389 (Conduct capable of being unsatisfactory professional\nconduct or professional misconduct).\n\n","sortOrder":391},{"sectionNumber":"387","sectionType":"section","heading":"What is professional misconduct?","content":"387 What is professional misconduct?\nprofessional misconduct includes—\n(a) unsatisfactory professional conduct of an Australian legal\npractitioner, if the conduct involves a substantial or consistent\nfailure to reach or maintain a reasonable standard of competence\nand diligence; and\n(b) conduct of an Australian legal practitioner whether happening\nin connection with the practice of law or happening otherwise\nthan in connection with the practice of law that would, if\nestablished, justify a finding that the practitioner is not a fit and\nproper person to engage in legal practice.\n(2) For finding that an Australian legal practitioner is not a fit and proper\nperson to engage in legal practice as mentioned in subsection (1),\nregard may be had to the suitability matters that would be considered\nif the practitioner were an applicant for admission to the legal\nprofession under this Act or for the grant or renewal of a local\nNote See also s 389.\n","sortOrder":392},{"sectionNumber":"388","sectionType":"section","heading":"What is unsatisfactory employment conduct?","content":"388 What is unsatisfactory employment conduct?\nunsatisfactory employment conduct, of an employee of a solicitor,\nmeans conduct in relation to the solicitor’s practice (whether or not\nwith the knowledge or agreement of the solicitor) that is conduct in\nrelation to which a complaint under part 4.2 (Complaints about\nAustralian legal practitioners and solicitor employees) has been, or\ncould be, made against the solicitor.\n\nKey concepts—ch 4 Division 4.1.2\n","sortOrder":393},{"sectionNumber":"389","sectionType":"section","heading":"Conduct capable of being unsatisfactory professional","content":"389 Conduct capable of being unsatisfactory professional\nconduct or professional misconduct\nWithout limiting section 386 or section 387, the following conduct\ncan be unsatisfactory professional conduct or professional\nmisconduct:\n(a) conduct consisting of a contravention of this Act;\n(b) charging of excessive legal costs in connection with the practice\nof law;\n(c) conduct in relation to which there is a conviction for—\n(i) a serious offence; or\n(ii) a tax offence; or\n(iii) an offence involving dishonesty;\n(d) conduct of an Australian legal practitioner as or in becoming an\ninsolvent under administration;\n(e) conduct of an Australian legal practitioner in becoming\ndisqualified from managing or being involved in the\nmanagement of any corporation under the Corporations Act;\n(f) conduct of an Australian legal practitioner in failing to comply\nwith an order of the ACAT made under this Act or an order of a\ncorresponding disciplinary body made under a corresponding\nlaw (including but not limited to a failure to pay all or part of a\nfine imposed under this Act or a corresponding law);\n\n(g) conduct of an Australian legal practitioner in failing to comply\nwith a compensation order made under this Act or a\nNote Various provisions of this Act identify particular conduct as conduct that\ncan be unsatisfactory professional conduct or professional misconduct\n(see eg s 138 (1) (Obligations of legal practitioner partner relating to\nmisconduct—multidisciplinary partnerships)).\n","sortOrder":394},{"sectionNumber":"390","sectionType":"section","heading":"Practitioners to whom ch 4 applies","content":"390 Practitioners to whom ch 4 applies\n(1) This chapter applies to an Australian legal practitioner in relation to\nconduct to which this chapter applies.\n(2) This chapter applies—\n(a) whether or not the Australian legal practitioner is a local lawyer;\nand\n(b) whether or not the practitioner holds a local practising\n(c) whether or not the practitioner holds an interstate practising\n(d) whether or not the practitioner lives or has an office in the ACT;\nand\n(e) whether or not the person making a complaint about the conduct\nlives, works or has an office in the ACT.\n(3) However, this chapter does not apply to the following people:\n(a) a judicial officer;\n(b) a justice of the High Court;\n(c) a judge of a court created by a Commonwealth Act;\n\nApplication of ch 4 Division 4.1.3\n(d) a judge of a court, or a judicial member of a tribunal, of a State\nor another Territory.\n(4) A provision of this Act or any other Act that protects a person from\nany action, liability, claim or demand in relation to any act or\nomission of the person does not affect the application of this chapter\nto the person in relation to the act or omission.\n(5) For this chapter, conduct of an Australian legal practitioner in the\nexercise of a function as an arbitrator is conduct happening in\nconnection with the practice of law.\n(6) However, conduct in relation to any justiciable aspect of decision-\nmaking by an arbitrator is not conduct happening in connection with\nthe practice of law for this chapter.\n(7) For this chapter, conduct of an Australian legal practitioner is not\nconduct happening in connection with the practice of law to the extent\nthat it is conduct engaged in the exercise of an executive or\nadministrative function under an Act as—\n(a) a government employee or statutory office-holder; or\n(b) a council or a member, officer or employee of a council.\ngovernment employee means a person employed in a government\nagency.\njudicial officer—see the Judicial Commissions Act 1994, dictionary.\n\n","sortOrder":395},{"sectionNumber":"391","sectionType":"section","heading":"Conduct to which ch 4 applies—generally","content":"391 Conduct to which ch 4 applies—generally\n(1) Subject to subsection (3), this part applies to conduct happening in\n(2) This part also applies to conduct happening outside the ACT, but\nonly—\n(a) if it is part of a course of conduct that has happened partly in the\nACT and partly in another jurisdiction, and either—\n(i) the corresponding authority of each other jurisdiction\nwhere the conduct has happened consents to its being dealt\nwith under this Act; or\n(ii) the complainant and the person about whom the complaint\nis made consent to its being dealt with under this Act; or\n(b) if it happens in Australia but completely outside the ACT and\nthe person about whom the complaint is made is a local lawyer\nor a local legal practitioner, and either—\n(i) the corresponding authority of each jurisdiction where the\nconduct has happened consents to its being dealt with\n(ii) the complainant and the practitioner consent to its being\ndealt with under this Act; or\n(c) if—\n(i) it happens completely or partly outside Australia; and\n(ii) the person about whom the complaint is made is a local\nlawyer or a local legal practitioner.\n\nApplication of ch 4 Division 4.1.3\n(3) This part does not apply to conduct happening in the ACT if—\n(a) the relevant council consents to its being dealt with under a\ncorresponding law; or\n(b) the complainant and the person about whom the complaint is\nmade consent to its being dealt with under a corresponding law.\n(4) Subsection (3) does not apply if the conduct cannot be dealt with\nunder the corresponding law.\n(5) The relevant council may give consent for subsection (3) (a), and may\ndo so conditionally or unconditionally.\n","sortOrder":396},{"sectionNumber":"392","sectionType":"section","heading":"Conduct to which ch 4 applies—insolvency, serious","content":"392 Conduct to which ch 4 applies—insolvency, serious\noffences and tax offences\n(1) This chapter applies to the following conduct of a local legal\npractitioner whether happening in Australia or elsewhere:\n(a) conduct of the practitioner in relation to which there is a\nconviction for—\n(i) a serious offence; or\n(ii) a tax offence; or\n(iii) an offence involving dishonesty;\n(b) conduct of the practitioner as or in becoming an insolvent under\nadministration;\n(c) conduct of the practitioner in becoming disqualified from\nmanaging or being involved in the management of any\ncorporation under the Corporations Act.\n(2) This section has effect despite anything in section 391.\n\nPart 4.2 Complaints about Australian\nlegal practitioners and solicitor\nemployees\n","sortOrder":397},{"sectionNumber":"393","sectionType":"section","heading":"Complaints generally","content":"393 Complaints generally\n(1) A complaint may be made under this chapter about conduct to which\nthis chapter applies.\n(2) A complaint may be made under this chapter about conduct\nhappening outside the ACT, but the complaint must not be dealt with\nunder this chapter unless this chapter applies to it.\n(3) A complaint that is properly made must be dealt with in accordance\nwith this chapter.\n","sortOrder":398},{"sectionNumber":"394","sectionType":"section","heading":"Making of complaints","content":"394 Making of complaints\n(1) A complaint may be made about conduct to which this chapter applies\nby anyone, including a council.\n(2) A complaint must be made to the relevant council.\n(3) A complaint must be in writing.\n(4) A complaint must—\n(a) identify the complainant; and\n(b) if possible, identify the person about whom the complaint is\n(c) describe the alleged conduct the subject of the complaint.\n(5) A council may refer a complaint to the other council, unless it deals\nwith the complaint itself.\n\n","sortOrder":399},{"sectionNumber":"395","sectionType":"section","heading":"Complaints made more than 3 years after conduct","content":"395 Complaints made more than 3 years after conduct\n(1) A complaint may be made about conduct to which this chapter applies\nirrespective of when the conduct is alleged to have happened.\n(2) However, the complaint cannot be dealt with (otherwise than to\ndismiss it or refer it to mediation) if the complaint is made more than\n3 years after the conduct is alleged to have happened, unless the\nrelevant council for the person about whom the complaint is made\ndecides that—\n(a) it is just and fair to deal with the complaint having regard to the\ndelay and the reasons for the delay; or\n(b) the complaint involves an allegation of professional misconduct\nand it is in the public interest to deal with the complaint.\n","sortOrder":400},{"sectionNumber":"396","sectionType":"section","heading":"Further information and verification—complaints","content":"396 Further information and verification—complaints\nThe relevant council for a person about whom a complaint is made,\nmay by written notice given to the complainant, require the\ncomplainant to do either or both of the following within the\nreasonable period stated in the notice:\n(a) to give further information about the complaint;\n(b) to give a statement verifying the complaint or any further\n","sortOrder":401},{"sectionNumber":"397","sectionType":"section","heading":"Person to be told about complaint","content":"397 Person to be told about complaint\n(1) The relevant council for a person about whom a complaint is made\nmust give written notice to the person of the making of a complaint\nabout the person.\n(2) The person must be given the notice as soon as practicable after the\nday the complaint is made.\n\n(3) The notice must also tell the person about—\n(a) the nature of the complaint; and\n(b) the identity of the complainant; and\n(c) any action already taken by the relevant council in relation to the\ncomplaint; and\n(d) the person’s right to make submissions to the council within the\nreasonable period stated in the notice, unless the council has told\nthe person that the council has dismissed or intends to dismiss\nthe complaint.\n(4) Subsection (1) does not apply if the relevant council considers that\nthe giving of the notice will, or is likely to—\n(a) prejudice the investigation of the complaint; or\n(b) prejudice an investigation by the police or other investigatory or\nlaw enforcement body of anything related to the complaint; or\n(c) place the complainant or anyone else at risk of intimidation or\nharassment; or\n(d) prejudice a pending court proceeding.\n(5) In circumstances mentioned in subsection (4), the relevant council\nmay—\n(a) postpone giving the person the notice until it considers it is\nappropriate to give the notice; or\n(b) at its discretion—\n(i) give written notice to the person of the general nature of\nthe complaint; and\n(ii) if the relevant council considers that the person has\nsufficient information to make submissions—tell the\nperson about the person’s right to make submissions within\nthe reasonable period stated in the notice.\n\n(6) This section does not require the relevant council to give written\nnotice under this section to a person about whom a complaint is made\nuntil the relevant council has had time to consider the complaint, seek\nfurther information about the complaint from the complainant or\notherwise undertake preliminary inquiries into the complaint and\nproperly prepare the notice.\n","sortOrder":402},{"sectionNumber":"398","sectionType":"section","heading":"Submissions by person about whom complaint made","content":"398 Submissions by person about whom complaint made\n(1) The person about whom a complaint is made may, within the period\nstated in the notice given to the person under section 397 (the\npermitted period), make submissions to the relevant council about the\ncomplaint, its subject matter or both.\n(2) The relevant council may at its discretion extend the permitted period.\n(3) The relevant council must consider the submissions made within the\npermitted period before deciding what action is to be taken in relation\nto the complaint.\n","sortOrder":403},{"sectionNumber":"399","sectionType":"section","heading":"Summary dismissal of complaints","content":"399 Summary dismissal of complaints\n(1) The relevant council for a person about whom a complaint is made\nmay dismiss a complaint about the person if—\n(a) further information is not given, or the complaint or further\ninformation is not verified, as required by the council under\nsection 396 (Further information and verification—complaints);\nor\n(b) the complaint is vexatious, misconceived, frivolous or lacking\nin substance; or\n(c) the complaint was made more than 3 years after the conduct\ncomplained of is alleged to have happened, unless a decision is\nmade under section 395 (2) (Complaints made more than 3 years\nafter conduct) in relation to the complaint; or\n\n(d) the conduct complained about has been the subject of a previous\ncomplaint that has been dismissed; or\n(e) the conduct complained about is the subject of another\ncomplaint; or\n(f) for a person who was an Australian legal practitioner—it is not\nin the public interest to deal with the complaint having regard to\nthe fact that the name of the person has already been removed\nfrom any Australian roll in which the person was enrolled as a\nlegal practitioner; or\n(g) the complaint is not a complaint that the council has power to\ndeal with.\n(2) The relevant council may dismiss a complaint under this section\nwithout completing an investigation if, having considered the\ncomplaint, the council forms the view that the complaint requires no\nfurther investigation.\n","sortOrder":404},{"sectionNumber":"400","sectionType":"section","heading":"Withdrawal of complaints","content":"400 Withdrawal of complaints\n(1) A complaint under this chapter may, subject to this section, be\nwithdrawn by the complainant.\n(2) Withdrawal of a complaint may be made by oral or written\ncommunication to the relevant council.\n(3) If a complaint is withdrawn orally and the complaint was made by a\nperson other than a council, the relevant council must—\n(a) make a written record of the withdrawal; and\n(b) give the complainant a copy of the record, or send a copy of it\naddressed to the complainant at the last address of the\ncomplainant known to the council.\n(4) Subsection (3) does not apply if the complainant has previously given\nthe relevant council written confirmation of the withdrawal.\n\n(5) A complaint may be withdrawn even though the relevant council has\nstarted or finished an investigation of the complaint.\n(6) If a complaint is made by a person other than a council, a further\ncomplaint about the matter that is the subject of the withdrawn\ncomplaint cannot be made unless the relevant council is satisfied that\nit is appropriate to make a further complaint in the circumstances.\n(7) If a complaint is properly withdrawn, no further action may be taken\nunder this part in relation to the complaint, unless the relevant council\nis satisfied that investigation or further investigation of the complaint\nis justified in the particular circumstances.\n(8) Withdrawal of a complaint does not prevent—\n(a) a council making a complaint or further complaint about the\nmatter that is the subject of the withdrawn complaint (whether\nor not after investigation or further investigation mentioned in\nsubsection (7)); or\n(b) action being taken on any other complaint properly made in\nrelation to the matter.\n(9) This section extends to the withdrawal of a complaint so far as it\nrelates to some only or part only of the matters that form the subject\nof the complaint.\n\n","sortOrder":405},{"sectionNumber":"401","sectionType":"section","heading":"Mediation of complaints","content":"401 Mediation of complaints\n(1) If the relevant council for a person about whom a complaint is made\nconsiders that the complaint could be resolved by mediation, the\ncouncil may suggest to the complainant and the person that they enter\ninto a process of mediation.\nNote The complaint may be withdrawn under s 400 if the matter is resolved by\n(2) This section does not apply to a complaint about an Australian legal\npractitioner if the relevant council considers that the practitioner\nwould be likely to be found guilty of professional misconduct if an\napplication were made to the ACAT in relation to the complaint.\n(3) This section extends to a complaint so far as it relates to some only or\npart only of the matters that form the subject of the complaint.\n(4) This section does not require the relevant council to suggest a\n","sortOrder":406},{"sectionNumber":"402","sectionType":"section","heading":"Facilitation of mediation","content":"402 Facilitation of mediation\n(1) If the complainant to a complaint about a person and the person agree\nto enter into a process of mediation in relation to the complaint, the\nrelevant council may facilitate the mediation to the extent it considers\n(2) This section does not require the relevant council to facilitate a\n\nMediation Part 4.3\n","sortOrder":407},{"sectionNumber":"403","sectionType":"section","heading":"Nature of mediation","content":"403 Nature of mediation\nMediation is not limited to formal mediation procedures and extends\nto preliminary assistance in dispute resolution.\nExamples\n1 giving informal advice to ensure the parties are aware of their rights and\nobligations\n2 facilitating open communication between the parties about the complaint\n","sortOrder":408},{"sectionNumber":"404","sectionType":"section","heading":"Admissibility of evidence and documents—mediation","content":"404 Admissibility of evidence and documents—mediation\n(1) The following are not admissible in any proceedings in a court or\nbefore an entity authorised to hear and receive evidence:\n(a) evidence of anything said or admitted during a mediation or\nattempted mediation under this part of all or a part of the matter\nthat is subject of a complaint;\n(b) a document prepared for the mediation or attempted mediation.\n(2) This section does not apply to an agreement reached during\n","sortOrder":409},{"sectionNumber":"405","sectionType":"section","heading":"Protection of mediator from liability","content":"405 Protection of mediator from liability\nA mediator is not civilly liable for anything done or omitted to be\ndone honestly for the purpose of a mediation under this part.\n\n","sortOrder":410},{"sectionNumber":"406","sectionType":"section","heading":"Complaints to be investigated","content":"406 Complaints to be investigated\n(1) A council must investigate each complaint properly made to it.\n(2) This section does not apply to—\n(a) a complaint taken over or referred to the other council; or\n(b) a complaint that is dismissed or withdrawn under this chapter;\nor\n(c) a complaint to the extent that it is the subject of mediation under\n","sortOrder":411},{"sectionNumber":"407","sectionType":"section","heading":"Appointment of investigator for complaint","content":"407 Appointment of investigator for complaint\n(1) The relevant council for a person may appoint a suitably qualified\nperson to investigate a complaint about the person.\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 An appointment may be made generally to apply for all complaints or for\nall complaints of a stated class or for a stated complaint (see Legislation\nAct, s 48).\n(2) An appointment may be made subject to conditions—\n(a) stated in the instrument of appointment; or\n(b) stated in a written notice given by the relevant council to the\ninvestigator during the term of appointment; or\n(c) prescribed by regulation.\n\nInvestigation of complaints Part 4.4\n(3) The relevant council may end the appointment of an investigator if\nthe investigator breaches a condition of appointment.\n408 Application of ch 6 to complaint investigations\nChapter 6 (Investigations) applies to an investigation under this part.\n409 Referral of matters for costs assessment—complaint\ninvestigation\n(1) For investigating a complaint, the relevant council for an Australian\nlegal practitioner may refer a matter to the Supreme Court for an\nassessment of costs charged or claimed by the practitioner.\n(2) The referral may be made outside the 12-month period mentioned in\nsection 294A (5) (Application by client or third party payer for costs\nassessment).\n(3) In deciding whether to refer a matter for a costs assessment, the\nrelevant council must consider whether the client was aware of the\nclient’s right to apply for an assessment within the 60-day period and,\nif the client was aware, whether the referral may cause significant\ninjustice to the legal practitioner.\n(4) Subject to this section, division 3.2.7 (Costs assessment) applies to\nthe costs assessment as if the relevant council were a client of the\n\n","sortOrder":412},{"sectionNumber":"410","sectionType":"section","heading":"Decision of council after investigation","content":"410 Decision of council after investigation\n(1) After finishing an investigation of a complaint against a person, the\nrelevant council must—\n(a) dismiss the complaint under section 412; or\n(b) take action under section 413 (Summary conclusion of\ncomplaint procedure by fine etc); or\n(c) make an application to the ACAT under part 4.7.\n(2) This section does not affect section 400 (Withdrawal of complaints).\n","sortOrder":413},{"sectionNumber":"411","sectionType":"section","heading":"Decision of council without investigation","content":"411 Decision of council without investigation\n(1) This section applies to a complaint against an Australian legal\npractitioner if the relevant council is satisfied that action should be\ntaken under this section because of—\n(a) the nature of the subject matter of the complaint; and\n(b) the reasonable likelihood that the practitioner will be found\nguilty by the ACAT of either unsatisfactory professional\n(2) This section also applies to a complaint against an employee of a\nsolicitor if the relevant council is satisfied that action should be taken\nunder this section because of—\n(a) the nature of the subject matter of the complaint; and\n(b) the reasonable likelihood that the employee will be found guilty\nby the ACAT of unsatisfactory employment conduct.\n(3) If this section applies to a complaint, the relevant council may make\nan application to the ACAT under part 4.7 for an occupational\ndiscipline order in relation to the person complained about without\nstarting or finishing an investigation of the complaint.\n\nDecision of council Part 4.5\n","sortOrder":414},{"sectionNumber":"412","sectionType":"section","heading":"Dismissal of complaint","content":"412 Dismissal of complaint\n(1) After finishing an investigation of a complaint against an Australian\nlegal practitioner, the relevant council may dismiss the complaint if\n(a) there is no reasonable likelihood that the practitioner will be\nfound guilty by the ACAT of either unsatisfactory professional\nconduct or professional misconduct; or\n(b) it is in the public interest to dismiss the complaint.\n(2) After finishing an investigation of a complaint against an employee\nof a solicitor, the relevant council may dismiss the complaint if\nsatisfied that there is no reasonable likelihood that the employee will\nbe found guilty by the ACAT of unsatisfactory employment conduct.\n","sortOrder":415},{"sectionNumber":"413","sectionType":"section","heading":"Summary conclusion of complaint procedure by fine etc","content":"413 Summary conclusion of complaint procedure by fine etc\n(1) This section applies if the relevant council for an Australian legal\n(a) completes an investigation of a complaint against the\n(b) is satisfied that there is a reasonable likelihood that the\npractitioner will be found guilty by the ACAT of unsatisfactory\nprofessional conduct (but not professional misconduct); and\n(c) is satisfied that the practitioner is generally competent and\ndiligent; and\n(d) is satisfied that the unsatisfactory professional conduct can be\nadequately dealt with under this section.\n(2) The relevant council may do all or any of the following:\n(a) caution the Australian legal practitioner;\n(b) publicly reprimand the Australian legal practitioner or, if there\nare special circumstances, privately reprimand the practitioner;\n\n(c) make a compensation order under part 4.8 if the complainant\nrequested a compensation order in relation to the complaint;\n(d) direct the practitioner to do all or any of the following:\n(i) stop accepting, for a stated time, instructions in relation to\nstated work;\n(ii) stop employing a stated person in the practitioner’s\n(iii) undertake stated further legal education;\n(iv) seek advice in relation to the management of the\npractitioner’s practice from a stated person;\n(e) impose a fine on the practitioner of a stated amount.\n(3) The maximum amount that can be imposed by way of fine is $10 000.\n(4) A fine is payable to the relevant council in the way and within the\nreasonable period required by the relevant council.\n(5) If an amount is received by a council as complete or partial payment\nof a fine imposed under this section, the council must pay the amount\ninto a statutory interest account.\n(6) The Australian legal practitioner must not fail to pay a fine imposed\nunder this section in accordance with the requirements of the relevant\n(7) If action is taken under subsection (2), further action must not be\ntaken under this chapter in relation to the complaint.\n","sortOrder":416},{"sectionNumber":"414","sectionType":"section","heading":"Record of decision of council about complaint","content":"414 Record of decision of council about complaint\n(1) A council must make and keep a record of its decision in relation to\neach complaint dealt with by it under this chapter.\n(2) The record must include its reasons for the decision.\n\nDecision of council Part 4.5\n","sortOrder":417},{"sectionNumber":"415","sectionType":"section","heading":"Council to give reasons to complainant and practitioner","content":"415 Council to give reasons to complainant and practitioner\nIf a complaint is made about a person, the complainant and the person\nabout whom the complaint is made are entitled to receive a statement\nof reasons from the relevant council if any of the following decisions\nare made by it:\n(a) a decision to dismiss the complaint;\n(b) a decision to make an application to the ACAT under part 4.7 in\nrelation to the complaint;\n(c) a decision to refer a matter to the Supreme Court under\nsection 409 (Referral of matters for costs assessment—\ncomplaint investigation) in relation to the complaint;\n(d) a decision to take action under section 413 (Summary\nconclusion of complaint procedure by fine etc);\n(e) a decision to omit, from the allegations particularised in an\napplication made by it to the ACAT under part 4.7 in relation to\nthe complaint, matter that was originally part of the complaint.\n","sortOrder":418},{"sectionNumber":"416","sectionType":"section","heading":"Appeals to ACAT against decisions of relevant council","content":"416 Appeals to ACAT against decisions of relevant council\n(1) A person mentioned in table 416, column 2 may appeal a decision\nmentioned in column 3 to the ACAT.\n(2) The appeal must be made not later than—\n(a) 28 days after the day the relevant council gave the person\nmaking the appeal a statement of reasons under section 415; or\n(b) any further time allowed by the ACAT.\n(3) The ACAT may make any order it considers appropriate on the\nappeal.\n\n(4) Without limiting subsection (3), the ACAT may make 1 or more of\nthe orders mentioned in section 425 (3) to (5) (ACAT orders—\nAustralian legal practitioners).\nTable 416 Appealable decisions\ncolumn 1\nitem\ncolumn 2\nperson\ncolumn 3\ndecision\n1 complainant dismiss a complaint under s 412\n2 complainant omit matter from application to ACAT that\nwas originally part of complaint\n3 Australian legal\npractitioner\ncomplained about\ntake action under s 413 in relation to\npractitioner\n\nGeneral procedural matters about complaints Part 4.6\nPart 4.6 General procedural matters\nabout complaints\n","sortOrder":419},{"sectionNumber":"417","sectionType":"section","heading":"Rules of procedural fairness and efficient dealing with","content":"417 Rules of procedural fairness and efficient dealing with\ncomplaints\n(1) The rules of procedural fairness, to the extent that they are not\ninconsistent with this Act, apply in relation to the investigation of\ncomplaints and the procedures of the councils under this chapter.\n(2) A council must deal with complaints as efficiently and quickly as\npracticable.\n","sortOrder":420},{"sectionNumber":"418","sectionType":"section","heading":"Complainant and person complained about to be told","content":"418 Complainant and person complained about to be told\nabout action taken\n(1) If a complaint is made about a person, the relevant council must—\n(a) tell the complainant in writing that it has received the complaint;\nand\n(b) tell the complainant and the person in writing about the action it\nhas taken in relation to the complaint.\n(2) Without limiting subsection (1), the relevant council must tell the\ncomplainant and the person about whom the complaint is made, in\nwriting, about any of the following decisions made by it:\n(a) a decision to dismiss the complaint;\n(b) a decision to make an application to the ACAT under part 4.7 in\nrelation to the complaint;\n(c) a decision to refer a matter to the Supreme Court under\nsection 409 (Referral of matters for costs assessment—\ncomplaint investigation) in relation to the complaint;\n\nPart 4.6 General procedural matters about complaints\n(d) a decision to take action under section 413 (Summary\nconclusion of complaint procedure by fine etc);\n(e) a decision to omit, from the allegations particularised in an\napplication made by it to the ACAT for an order under part 4.7\nin relation to the person about whom a complaint is made, matter\nthat was originally part of the complaint.\n(3) For a decision by the relevant council to dismiss a complaint, the right\nof the complainant, under section 416 (1), to appeal to the ACAT\nagainst a decision of the relevant council to dismiss the complaint\nmust be included in the notice to the complainant.\n(4) A notice under this section is taken to be a reviewable decision notice.\n(5) This section does not apply in relation to an official complaint.\n\n","sortOrder":421},{"sectionNumber":"419","sectionType":"section","heading":"Application to ACAT","content":"419 Application to ACAT\n(1) The relevant council for an Australian legal practitioner may apply to\nthe ACAT for an order in relation to a complaint against the\n(2) The relevant council for an employee of a solicitor may apply to the\nACAT for an order under this part in relation to a complaint against\nthe employee.\n(3) The application must include the charge of unsatisfactory\nprofessional conduct, professional misconduct or unsatisfactory\nemployment conduct that the relevant council considers arise out of\nthe complaint.\n","sortOrder":422},{"sectionNumber":"420","sectionType":"section","heading":"Application of rules of evidence to ACAT—disciplinary","content":"420 Application of rules of evidence to ACAT—disciplinary\naction\nThe ACAT is bound by the rules of evidence in hearing an application\n","sortOrder":423},{"sectionNumber":"421","sectionType":"section","heading":"Amendment of complaint application","content":"421 Amendment of complaint application\n(1) The ACAT may, on application by the relevant council or on its own\ninitiative, amend an application to omit an allegation or to include an\nadditional allegation, if satisfied that it is reasonable to make the\namendment having regard to all the circumstances.\n(2) Without limiting subsection (1), in considering whether or not it is\nreasonable to amend an application, the ACAT must have regard to\nwhether amending the application will affect the fairness of the\nproceeding.\n\n(3) The ACAT may amend an application to include an additional\nallegation even though the alleged conduct—\n(a) happened more than 3 years before the amendment is made; or\n(b) has not been the subject of a complaint or investigation under\n","sortOrder":424},{"sectionNumber":"422","sectionType":"section","heading":"Nature of allegations in complaint applications","content":"422 Nature of allegations in complaint applications\n(1) An application to the ACAT in relation to a complaint cannot be\nchallenged on the ground that the allegations contained in the\napplication do not deal with all of the matters raised in the complaint\nor deal differently with matters raised in the complaint or deal with\nadditional matters.\n(2) This section applies whether the allegations were included in the\napplication as made or were included by amendment of the\n","sortOrder":425},{"sectionNumber":"423","sectionType":"section","heading":"Parties to application","content":"423 Parties to application\n(1) The parties to an application to the ACAT for an order in relation to\nan Australian legal practitioner arising from a complaint are—\n(a) the practitioner; and\n(b) the relevant council.\n(2) The parties to an application to the ACAT for an order in relation to\nan employee of a solicitor arising from a complaint are—\n(a) the employee; and\n(b) the relevant council.\n\n(3) The complainant is entitled to appear at the hearing in relation to—\n(a) the aspects of the hearing that relate to a request by the\ncomplainant for a compensation order under this chapter; and\n(b) any other aspect of the hearing for which the ACAT gives leave\nto the complainant to appear.\n","sortOrder":426},{"sectionNumber":"423A","sectionType":"section","heading":"Restriction on publication of certain identifying material","content":"423A Restriction on publication of certain identifying material\nfrom application\n(1) A person must not publish an account or report of an application\nunder this part if the account or report—\n(a) discloses the identity of the person who is the subject of the\ncomplaint to which the application relates (the person\nconcerned); or\n(b) allows the identity of the person concerned to be worked out.\n(2) However, the identity of the person concerned may be disclosed in an\naccount or report of the application if—\n(a) a final decision has been made that the person concerned is\nguilty of the conduct complained of; and\n(i) the appeal period has ended and no appeal has been made;\nor\n(ii) any appeal has been decided against the person concerned.\nappeal means an appeal from a decision by the tribunal under the ACT\nCivil and Administrative Tribunal Act 2008, section 79.\nappeal period means the period within which an appeal may be made.\n\n","sortOrder":427},{"sectionNumber":"424","sectionType":"section","heading":"ACAT power to disregard procedural lapses","content":"424 ACAT power to disregard procedural lapses\nThe ACAT may order that a failure by the relevant council to observe\na procedural requirement in relation to a complaint before an\napplication is made to the ACAT is to be disregarded if satisfied that\nthe parties to the hearing have not been prejudiced by the failure.\nNote The ACAT may make rules about its practice and procedure under the\nACT Civil and Administrative Tribunal Act 2008, s 24.\n","sortOrder":428},{"sectionNumber":"425","sectionType":"section","heading":"ACAT orders—Australian legal practitioners","content":"425 ACAT orders—Australian legal practitioners\n(1) If, after the ACAT has finished considering an application under this\npart in relation to an Australian legal practitioner, the ACAT is\nsatisfied that the practitioner is guilty of unsatisfactory professional\nconduct or professional misconduct, the ACAT may—\n(a) make 1 or more of the orders mentioned in subsections (3)\nto (5); or\n(b) any other order it considers appropriate.\n(2) The ACAT may find an Australian legal practitioner guilty of\nunsatisfactory professional conduct even though the complaint or\ncharge alleged professional misconduct.\n(3) The ACAT may make the following orders in relation to the\n(a) an order recommending that the name of the practitioner be\nremoved from the local roll;\n(b) an order that the practitioner’s local practising certificate be\nsuspended for a stated period or cancelled;\n(c) an order that a local practising certificate not be granted to the\npractitioner before the end of a stated period;\n\n(d) an order that—\n(i) stated conditions be imposed on the practitioner’s\npractising certificate granted or to be granted under this\n(ii) the conditions be imposed for a stated period; and\n(iii) states the time (if any) after which the practitioner may\napply to the ACAT for the conditions to be amended or\nremoved;\n(e) an order publicly reprimanding the practitioner or, if there are\nspecial circumstances, privately reprimanding the practitioner.\n(4) The ACAT may make the following orders in relation to the\n(a) an order recommending that the name of the practitioner be\nremoved from an interstate roll;\n(b) an order recommending that the practitioner’s interstate\npractising certificate be suspended for a stated period or\ncancelled;\n(c) an order recommending that an interstate practising certificate\nnot be granted to the practitioner before the end of a stated\nperiod;\n(d) an order recommending—\n(i) that stated conditions be imposed on the practitioner’s\ninterstate practising certificate; and\n(ii) that the conditions be imposed for a stated period; and\n(iii) a stated time (if any) after which the practitioner may apply\nto the ACAT for the conditions to be amended or removed.\n\n(5) The ACAT may make the following orders in relation to the\n(a) an order that the practitioner pay a fine of a stated amount of not\nmore than the amount mentioned in section 427;\n(b) an order that the practitioner undertake and complete a stated\ncourse of further legal education;\n(c) an order that the practitioner undertake a stated period of\npractice under stated supervision;\n(d) an order that the practitioner do or not do something in relation\nto the practice of law;\n(e) an order that the practitioner cease to accept instructions as a\npublic notary in relation to notarial services;\n(f) an order that the practitioner’s practice be managed for a stated\nperiod in a stated way or subject to stated conditions;\n(g) an order that the practitioner’s practice be subject to periodic\ninspection by a stated person for a stated period;\n(h) an order that the practitioner seek advice in relation to the\nmanagement of the practitioner’s practice from a stated person;\n(i) an order that the practitioner not apply for a local practising\ncertificate before the end of a stated period.\n","sortOrder":429},{"sectionNumber":"426","sectionType":"section","heading":"Dismiss complaint—Australian legal practitioners","content":"426 Dismiss complaint—Australian legal practitioners\nIf, after the ACAT has finished a hearing under this part in relation to\na complaint against an Australian legal practitioner, the ACAT is not\nsatisfied that the practitioner is guilty of unsatisfactory professional\nconduct or professional misconduct, the ACAT must dismiss the\ncomplaint.\n\n","sortOrder":430},{"sectionNumber":"427","sectionType":"section","heading":"Fines—Australian legal practitioners","content":"427 Fines—Australian legal practitioners\n(1) The maximum amount that can be imposed by way of fine under\nsection 425 (5) (a) is—\n(a) for a finding of unsatisfactory professional conduct that does not\namount to professional misconduct—$25 000; and\n(b) for a finding of professional misconduct—$75 000; and\n(c) for a finding of professional misconduct and unsatisfactory\nprofessional conduct not amounting to professional\nmisconduct—$75 000.\n(2) A fine is payable to the relevant council in the way and within the\nreasonable period required by the relevant council.\n(3) If an amount is received by a council as complete or partial payment\nof a fine imposed under this section, the council must pay the amount\ninto a statutory interest account.\n","sortOrder":431},{"sectionNumber":"428","sectionType":"section","heading":"Interim orders—Australian legal practitioners","content":"428 Interim orders—Australian legal practitioners\nWithout limiting the ACT Civil and Administrative Tribunal\nAct 2008, section 53 (Interim orders), an order mentioned in\nsection 425 (ACAT orders—Australian legal practitioners) may be\nmade as an interim order.\n","sortOrder":432},{"sectionNumber":"429","sectionType":"section","heading":"ACAT orders—employees of solicitors","content":"429 ACAT orders—employees of solicitors\nIf, after the ACAT has finished considering an application under this\npart in relation to an employee of a solicitor, the ACAT is satisfied\nthat the employee is guilty of unsatisfactory employment conduct, the\nACAT may make 1 or more of the following orders:\n(a) an order that, after a stated date, no solicitor employ or otherwise\nremunerate the employee in relation to the solicitor’s practice as\na solicitor except with the approval of the law society council;\n\n(b) an order under section 442 (Compensation orders) against the\nsolicitor who employed the employee;\n(c) an order publicly reprimanding the solicitor who employed the\nemployee or, if there are special circumstances, privately\nreprimanding the solicitor.\n","sortOrder":433},{"sectionNumber":"430","sectionType":"section","heading":"Dismiss complaint—employees of solicitors","content":"430 Dismiss complaint—employees of solicitors\nIf, after the ACAT has finished a hearing under this part in relation to\na complaint against an employee of a solicitor, the ACAT is not\nsatisfied that the employee is guilty of unsatisfactory employment\nconduct, the ACAT must dismiss the complaint.\n","sortOrder":434},{"sectionNumber":"431","sectionType":"section","heading":"Compliance with ACAT orders","content":"431 Compliance with ACAT orders\n(1) Entities with relevant functions under this Act must—\n(a) give effect to the following orders:\n(i) any order of the ACAT made under section 425 (3) (ACAT\norders—Australian legal practitioners);\nNote Section 425 (3) is about orders requiring official\nimplementation in the ACT.\nthe kind mentioned in section 425 (3) or otherwise needs\nto be, or can be, given effect to in the ACT; and\n(b) enforce the following orders (to the extent that they relate to an\nAustralian legal practitioner’s practice of law in the ACT):\n(i) any order of the ACAT made under section 425 (5);\nNote Section 425 (5) is about orders requiring compliance by\nthe kind mentioned in section 425 (5) or otherwise needs\nto be, or can be, enforced in the ACT; and\n\n(c) enforce any order of the ACAT (to the extent that it relates to a\nsolicitor’s practice as a solicitor in the ACT) made under section\n429 (a) or (b) (ACAT orders—employees of solicitors).\nNote Section 460 contains provisions relating to compliance in the ACT with\norders made under corresponding laws.\n(2) The relevant council for an Australian legal practitioner must ensure\nthat entities with relevant functions under a corresponding law of\nanother jurisdiction are told about the making and contents of—\n(a) the following orders in relation to the practitioner:\n(i) an order of the ACAT made under section 425 (4) in\nrelation to the corresponding law;\nNote Section 425 (4) is about orders requiring official\nimplementation in another jurisdiction.\nthe kind mentioned in section 425 (4) or otherwise needs\nto be, or can be, given effect to in the other jurisdiction;\nand\n(b) the following orders (to the extent that they relate to the\npractitioner’s practice of law in the other jurisdiction):\n(i) an order of the ACAT made under section 425 (5);\nNote Section 425 (5) is about orders requiring compliance by\nthe kind mentioned in section 425 (5) or otherwise needs\nto be, or can be, enforced in the other jurisdiction.\n\n(3) If the ACAT makes an order recommending that the name of an\nAustralian legal practitioner who is a local lawyer be removed from\nthe local roll—\n(a) a copy of the order may be filed in the Supreme Court; and\n(b) the Supreme Court may order the removal of the name from the\nroll.\n(4) If the ACAT makes an order that an Australian legal practitioner pay\na fine, a copy of the order may be filed in the Supreme Court and the\norder may be enforced as if it were an order of the court.\ninterim order, of the ACAT, means an order under the ACT Civil and\nAdministrative Tribunal Act 2008, section 53.\n","sortOrder":435},{"sectionNumber":"432","sectionType":"section","heading":"Notice to complainant of application and decision","content":"432 Notice to complainant of application and decision\n(1) The relevant council that makes an application in relation to a\ncomplaint must tell the complainant in writing about—\n(a) the date (the hearing date) set by the ACAT to start hearing an\napplication arising from the complaint not later than 14 days\nbefore the hearing date; and\n(b) the ACAT’s decision in relation to the application.\n(2) This section does not apply in relation to an official complaint.\n","sortOrder":436},{"sectionNumber":"433","sectionType":"section","heading":"Costs orders by ACAT","content":"433 Costs orders by ACAT\n(1) If the ACAT finds an Australian legal practitioner guilty of\nunsatisfactory professional conduct or professional misconduct, the\nACAT must order the practitioner to pay costs (including costs of the\nrelevant council and the complainant), unless the ACAT is satisfied\nthat exceptional circumstances exist.\n\n(2) Even if the ACAT does not find an Australian legal practitioner guilty\nof unsatisfactory professional conduct or professional misconduct,\nthe ACAT may order the practitioner to pay costs (including costs of\nthe relevant council and the complainant), if satisfied that—\n(a) the only or main reason why the proceeding was started in the\nACAT was a failure of the practitioner to cooperate with a\ncouncil; or\n(b) there is some other reason justifying the making of an order in\nthe particular circumstances.\n(3) The ACAT may make orders requiring the relevant council for an\nAustralian legal practitioner to pay costs, but may do so only if\nsatisfied that the practitioner is not guilty of unsatisfactory\nprofessional conduct or professional misconduct and the ACAT\nconsiders that special circumstances justify the making of the orders.\n(4) The ACAT may make orders requiring an Australian legal\npractitioner in relation to whom a proceeding is pending before the\nACAT to pay costs on a interlocutory or interim basis.\nNote Alternatively, the ACAT might order that costs be payable from a\nparticular fund (eg a statutory interest account) in these circumstances.\n(5) An order for costs—\n(a) may be for a stated amount; or\n(b) may be for an unstated amount but must state the basis on which\nthe amount is to be decided.\n(6) An order for costs may state the terms on which costs must be paid.\n\n","sortOrder":437},{"sectionNumber":"434","sectionType":"section","heading":"Application of ACT Civil and Administrative Tribunal Act","content":"434 Application of ACT Civil and Administrative Tribunal Act\nThe following provisions of the ACT Civil and Administrative\nTribunal Act 2008 do not apply in relation to a proceeding under this\nAct:\n(a) section 8 (Rules of evidence);\n(b) section 48 (Costs of proceedings);\n(c) division 6.2 (Powers and decisions in applications for\noccupational discipline).\n","sortOrder":438},{"sectionNumber":"435","sectionType":"section","heading":"Pt 4.7 does not affect other remedies of complainant","content":"435 Pt 4.7 does not affect other remedies of complainant\nThis part does not affect any other remedy available to a complainant.\n\nCompensation Part 4.8\n","sortOrder":439},{"sectionNumber":"441","sectionType":"section","heading":"Meaning of compensation order for pt 4.8","content":"441 Meaning of compensation order for pt 4.8\ncompensation order means an order mentioned in section 442.\n","sortOrder":440},{"sectionNumber":"442","sectionType":"section","heading":"Compensation orders","content":"442 Compensation orders\n(1) A compensation order is an order, made in relation to a complaint, for\nan Australian legal practitioner to compensate the complainant for\nloss suffered because of conduct that is the subject of the complaint.\nNote An order may be made by the ACAT in relation to a solicitor arising from\na complaint about unsatisfactory employment conduct of an employee of\nthe solicitor (see s 429).\n(2) A compensation order against an Australian legal practitioner\nconsists of 1 or more of the following:\n(a) an order that the practitioner cannot recover or must repay all or\na stated part of the amount charged to the complainant by the\npractitioner in relation to stated legal services;\n(b) an order discharging a lien of the practitioner in relation to a\nstated document;\n(c) an order that the practitioner pay a stated amount to the\ncomplainant by way of financial compensation for the loss.\n(3) A compensation order under subsection (2) (a) preventing recovery\nof an amount is effective even if a proceeding to recover the amount\n(or any part of it) has been started by or on behalf of the Australian\nlegal practitioner.\n\n(4) A compensation order under subsection (2) (a) requiring repayment\nof an amount is effective even if a court has ordered payment of the\namount (or an amount of which it is part) in a proceeding brought by\nor on behalf of the Australian legal practitioner.\n(5) A compensation order under subsection (2) (c) requiring payment of\nmore than $10 000 by way of financial compensation must not be\nmade unless the complainant and the practitioner both consent to the\norder.\n","sortOrder":441},{"sectionNumber":"443","sectionType":"section","heading":"When compensation order can be made","content":"443 When compensation order can be made\n(1) Unless the complainant to a complaint and the Australian legal\npractitioner against whom a compensation order is made in relation\nto the complaint agree, a compensation order must not be made unless\nthe entity making the order is satisfied that—\n(a) the complainant has suffered loss because of the conduct the\nsubject of the complaint; and\n(b) it is in the interests of justice that the order be made.\nNote A compensation order may be made in relation to a solicitor arising from\na complaint about unsatisfactory employment conduct of an employee of\nthe solicitor (see s 429).\n(2) A compensation order must not be made in relation to any loss for\nwhich the complainant has received or is entitled to receive—\n(a) compensation received or receivable under an order that has\nbeen made by a court; or\n(b) compensation paid or payable from a fidelity fund of any\njurisdiction, if a relevant claim for payment from the fund has\nbeen made or decided.\n\nCompensation Part 4.8\n","sortOrder":442},{"sectionNumber":"444","sectionType":"section","heading":"Making of compensation orders","content":"444 Making of compensation orders\n(1) The ACAT may make a compensation order if it has found a person\nguilty of unsatisfactory professional conduct, professional\nmisconduct or unsatisfactory employment conduct in relation to a\ncomplaint.\n(2) A person against whom a compensation order is made must comply\nwith the order.\n","sortOrder":443},{"sectionNumber":"445","sectionType":"section","heading":"Enforcement of compensation orders","content":"445 Enforcement of compensation orders\nA copy of a compensation order may be filed in the Supreme Court\nand the order (so far as it relates to any amount payable under the\norder) may be enforced as if it were an order of the court.\n","sortOrder":444},{"sectionNumber":"446","sectionType":"section","heading":"Other remedies not affected by compensation order","content":"446 Other remedies not affected by compensation order\nThe recovery of compensation ordered under this part does not affect\nany other remedy available to a complainant, but any compensation\nordered under this part must be taken into account in any other\nproceeding by or on behalf of the complainant in relation to the same\nloss.\n\n","sortOrder":445},{"sectionNumber":"447","sectionType":"section","heading":"Definitions—pt 4.9","content":"447 Definitions—pt 4.9\ndisciplinary action means—\n(a) the making of an order by a court or tribunal for or following a\nfinding of professional misconduct or unsatisfactory\nprofessional conduct by an Australian legal practitioner under\nthis Act or under a corresponding law; or\n(b) any of the following actions taken under this Act or under a\ncorresponding law, following a finding by a court or tribunal of\nprofessional misconduct or unsatisfactory professional conduct\nby an Australian legal practitioner:\n(i) removal of the name of the practitioner from an Australian\nroll;\n(ii) the suspension or cancellation of the Australian practising\ncertificate of the practitioner;\n(iii) the refusal to grant or renew an Australian practising\ncertificate applied for by the practitioner;\n(iv) the appointment of a receiver of all or any of the\npractitioner’s property or the appointment of a manager of\nthe practitioner’s practice; or\n(c) the making of an order by a court or tribunal for or following a\nfinding of unsatisfactory employment conduct by an employee\nof a solicitor under this Act.\nregister of disciplinary action—see section 448.\n\n","sortOrder":446},{"sectionNumber":"448","sectionType":"section","heading":"Register of disciplinary action","content":"448 Register of disciplinary action\n(1) There is to be a register (the register of disciplinary action) of—\n(a) disciplinary action taken under this Act against Australian legal\npractitioners; and\n(b) disciplinary action taken under a corresponding law against\nAustralian legal practitioners who are or were enrolled or\npractising in the ACT when the conduct that is the subject of the\ndisciplinary action happened; and\n(c) disciplinary action taken under this Act against the employee of\na solicitor.\nNote Action may be taken against a solicitor in relation to a complaint about\nunsatisfactory employment conduct of an employee of the solicitor (see\ns 429).\n(2) The register must include—\n(a) the full name of the person against whom the disciplinary action\nwas taken; and\n(b) the person’s business address or former business address; and\n(c) the person’s home jurisdiction or most recent home jurisdiction;\nand\n(d) particulars of the disciplinary action taken; and\n(e) other particulars prescribed by regulation.\n(3) However, if a person named in the register dies, the relevant council\nmust remove from the register all the information about the person\nmentioned in subsection (2).\n(4) The register may be kept in a form decided by the relevant council\nand may form part of other registers.\n(5) The register must be available for public inspection on—\n(a) the internet site of the relevant council; or\n\n(b) an internet site identified on the internet site of the relevant\n(6) Information in the register may be provided to members of the public\nin any other way approved by the relevant council.\n(7) The relevant council may correct an error or omission in the register.\n(8) The requirement to keep the register applies only in relation to\ndisciplinary action taken after the commencement of this section, but\ndetails relating to earlier disciplinary action may be included in the\nregister.\n","sortOrder":447},{"sectionNumber":"449","sectionType":"section","heading":"Other ways of publicising disciplinary action","content":"449 Other ways of publicising disciplinary action\n(1) The relevant council for an Australian legal practitioner or an\nemployee of a solicitor may publicise disciplinary action taken\nagainst the practitioner or employee in any way the council considers\n(2) This section does not affect the provisions of this part about the\nregister of disciplinary action.\n","sortOrder":448},{"sectionNumber":"450","sectionType":"section","heading":"Quashing of disciplinary action","content":"450 Quashing of disciplinary action\n(1) If disciplinary action against a person is quashed (however described)\non appeal or review, any reference to the disciplinary action must be\nremoved from the register of disciplinary action.\n(2) If disciplinary action against a person is quashed (however described)\non appeal or review after the action was publicised by the relevant\ncouncil under section 449, the result of the appeal or review must be\npublicised with equal prominence by the council.\n\n","sortOrder":449},{"sectionNumber":"451","sectionType":"section","heading":"Protection against liability for publicising disciplinary","content":"451 Protection against liability for publicising disciplinary\naction\n(a) for the purpose of publicising disciplinary action taken against a\n(b) for the purpose of keeping, publishing or enabling access to the\nregister of disciplinary action; or\n(c) in the exercise of a function of the relevant council under this\npart; or\n(d) in the reasonable belief that the act or omission was in the\nexercise of a function of the relevant council under this part.\n(2) Without limiting subsection (1), a person is not civilly liable for\npublishing honestly and without recklessness—\n(a) information about disciplinary action—\n(i) recorded in the register of disciplinary action; or\n(ii) otherwise publicised by the relevant council under this\npart; or\n(b) matter purporting to contain information mentioned in\nparagraph (a); or\n(c) a fair report of information mentioned in paragraph (a) or matter\nmentioned in paragraph (b).\n(a) the Territory; or\n(b) a council; or\n\n(c) a person responsible for keeping the register of disciplinary\naction or any part of it; or\n(d) an internet service provider or internet content host; or\n(e) a public employee or statutory office-holder or a member of the\nstaff of an entity mentioned in this definition; or\n(f) a person acting at the direction of an entity mentioned in this\n","sortOrder":450},{"sectionNumber":"452","sectionType":"section","heading":"Disciplinary action taken because of infirmity, injury or","content":"452 Disciplinary action taken because of infirmity, injury or\nillness\n(1) Disciplinary action taken against a person because of infirmity, injury\nor mental or physical illness must not be recorded in the register of\ndisciplinary action or otherwise publicised under this part.\n(2) Subsection (1) does not apply if the disciplinary action involves—\n(a) the suspension or cancellation of the person’s Australian\n(b) a refusal to grant or renew an Australian practising certificate\napplied for by the person; or\n(c) a restriction or prohibition on the person’s right to engage in\n(3) However, if subsection (2) applies to the disciplinary action, the\nreason for the disciplinary action, and any other information about the\ninfirmity, injury or mental or physical illness, must not be recorded\nin the register of disciplinary action or otherwise publicised under this\npart without the person’s consent.\n\n","sortOrder":451},{"sectionNumber":"453","sectionType":"section","heading":"Pt 4.9 subject to certain confidentiality provisions","content":"453 Pt 4.9 subject to certain confidentiality provisions\nThis part is subject to the following provisions:\n• section 248 (Confidentiality by external examiners)\n• section 519 (Confidentiality by external interveners)\n• section 557 (Permitted disclosure of confidential information—\nch 6)\n• section 596 (Confidentiality of personal information).\nNote Section 596 provides that that section does not apply to the disclosure of\ninformation under this part.\n","sortOrder":452},{"sectionNumber":"454","sectionType":"section","heading":"Pt 4.9 subject to court and tribunal orders","content":"454 Pt 4.9 subject to court and tribunal orders\n(1) This part is subject to any order, so far as the order prohibits or\nrestricts the disclosure of information, made by—\n(a) the ACAT in relation to disciplinary action taken under this\nchapter; or\n(b) a corresponding disciplinary body in relation to disciplinary\naction taken under provisions of a corresponding law that\ncorrespond to this chapter; or\n(c) a court or tribunal of the ACT or another jurisdiction.\n(2) However, the name and other identifying particulars of the person\nagainst whom the disciplinary action was taken, and the kind of\ndisciplinary action taken, must be recorded in the register of\ndisciplinary action in accordance with the requirements of this part\nand may be otherwise publicised under this part.\n\nPart 4.10 Inter-jurisdictional provisions—\nch 4\n","sortOrder":453},{"sectionNumber":"455","sectionType":"section","heading":"Protocols for ch 4","content":"455 Protocols for ch 4\n(1) The councils may, separately or jointly, enter into arrangements (the\nprotocols) with corresponding authorities in relation to investigating\nand dealing with conduct that appears to have happened in more than\n1 jurisdiction.\n(2) In particular, the protocols may make provision in relation to—\n(a) providing principles to assist in deciding where conduct\nhappens; and\n(b) giving and receiving consent for conduct happening in a\njurisdiction to be dealt with under a law of another jurisdiction;\nand\n(c) the procedures to be adopted for requesting and conducting the\ninvestigation of any aspect of complaints under this part.\n","sortOrder":454},{"sectionNumber":"456","sectionType":"section","heading":"Request to another jurisdiction to investigate complaint","content":"456 Request to another jurisdiction to investigate complaint\n(1) A council may request a corresponding authority to arrange for the\ninvestigation of any aspect of a complaint being dealt with by the\ncouncil and to provide a report on the result of the investigation.\n(2) The report may be used and taken into consideration by the council\nor ACAT in dealing with the complaint under this chapter if received\nfrom—\n(a) the corresponding authority; or\n(b) an entity authorised by the corresponding authority to conduct\nthe investigation.\n\nInter-jurisdictional provisions—ch 4 Part 4.10\n","sortOrder":455},{"sectionNumber":"457","sectionType":"section","heading":"Request from another jurisdiction to investigate","content":"457 Request from another jurisdiction to investigate\ncomplaint\n(1) This section applies in relation to a request received by a council from\na corresponding authority to arrange for the investigation of any\naspect of a complaint being dealt with under a corresponding law.\n(2) The council may conduct the investigation or authorise another entity\nto conduct it.\n(3) The provisions of this part relating to the investigation of a complaint\napply, with necessary changes, in relation to the investigation of the\nrelevant aspect of the complaint that is the subject of the request.\n(4) The council or other entity must provide a report on the result of the\ninvestigation to the corresponding authority.\n","sortOrder":456},{"sectionNumber":"458","sectionType":"section","heading":"Sharing of information with corresponding authorities","content":"458 Sharing of information with corresponding authorities\nThe councils may, separately or jointly, enter into arrangements with\na corresponding authority for providing information to the\ncorresponding authority about—\n(a) complaints and investigations under this chapter; and\n(b) any action taken in relation to any complaints made or\ninvestigations conducted under this chapter, including decisions\nof the ACAT under this chapter.\n","sortOrder":457},{"sectionNumber":"459","sectionType":"section","heading":"Cooperation with corresponding authorities","content":"459 Cooperation with corresponding authorities\n(1) In dealing with a complaint or conducting an investigation, the\ncouncils may, separately or jointly, consult and cooperate with\nanother entity (whether in or of Australia or another country) that has\nor may have relevant information or powers in relation to the person\nagainst whom the complaint was made or in relation to whom the\ninvestigation is conducted.\n(2) For subsection (1), the councils and the other entity may exchange\ninformation about the complaint or investigation.\n\n","sortOrder":458},{"sectionNumber":"460","sectionType":"section","heading":"Compliance with disciplinary recommendations or orders","content":"460 Compliance with disciplinary recommendations or orders\nmade under corresponding laws\n(1) Entities with relevant functions under this Act must—\n(a) give effect to or enforce any recommendation or order of a\ncorresponding disciplinary body or other corresponding\nauthority made under a corresponding law in relation to\nfunctions exercisable under this Act; and\n(b) give effect to or enforce any recommendation or order of a\ncorresponding disciplinary body or other corresponding\nauthority made under a corresponding law so far as the\nrecommendation or order relates to the practice of law by an\nAustralian legal practitioner, or the employment of a person by\na solicitor, in the ACT.\n(2) If a corresponding disciplinary body makes a recommendation or\norder that a person’s name be removed from the roll of lawyers under\nthis Act, the Supreme Court must order the removal of the name from\nthe local roll.\n(3) If a corresponding disciplinary body makes a recommendation or\norder that an Australian legal practitioner pay a fine, a copy of the\nrecommendation or order may be filed in the Supreme Court and the\nrecommendation or order may be enforced as if it were an order of\nthe court.\n","sortOrder":459},{"sectionNumber":"461","sectionType":"section","heading":"Pt 4.10 does not affect other functions","content":"461 Pt 4.10 does not affect other functions\nThis part does not affect any functions that an entity has apart from\n\n","sortOrder":460},{"sectionNumber":"462","sectionType":"section","heading":"Jurisdiction of Supreme Court not affected","content":"462 Jurisdiction of Supreme Court not affected\nThe inherent jurisdiction and powers of the Supreme Court in relation\nto the control and discipline of local lawyers are not affected by\nanything in this chapter, and extend to—\n(a) local legal practitioners; and\n(b) interstate legal practitioners engaged in legal practice in the\nACT.\n","sortOrder":461},{"sectionNumber":"463","sectionType":"section","heading":"Information about complaints procedure","content":"463 Information about complaints procedure\n(1) Each council must—\n(a) produce information about the making of complaints and the\nprocedure for dealing with complaints; and\n(b) ensure that the information is available to members of the public\non request.\n(2) A council may advise members of the public about the complaints\nprocess.\n","sortOrder":462},{"sectionNumber":"464","sectionType":"section","heading":"Failure to comply with disciplinary orders","content":"464 Failure to comply with disciplinary orders\n(1) A person must comply with an order made in relation to the person\nby the ACAT under this Act or a corresponding disciplinary body\nunder a corresponding law.\n(2) If an Australian legal practitioner fails to comply with an order of the\nACAT or a corresponding disciplinary body, the practitioner is not\nentitled to apply for the grant or renewal of a local practising\ncertificate while the failure continues.\n\n","sortOrder":463},{"sectionNumber":"465","sectionType":"section","heading":"Procedures for handling of complaints","content":"465 Procedures for handling of complaints\nEach council must develop and publish procedures and information\nmaterial relating to the handling of complaints under this chapter.\n","sortOrder":464},{"sectionNumber":"466","sectionType":"section","heading":"Reports to Minister about handling of complaints","content":"466 Reports to Minister about handling of complaints\n(1) A council must give the Minister, at the times and in relation to the\nperiods required by the Minister, reports on the handling of\ncomplaints.\n(2) A report is to deal with matters required by the Minister and other\nmatters the council considers appropriate to include in the report.\n(3) The obligations under this section are in addition to any obligations\nto provide an annual or other report under any other law.\n","sortOrder":465},{"sectionNumber":"467","sectionType":"section","heading":"Duty of council to report suspected offences","content":"467 Duty of council to report suspected offences\n(1) This section applies if a council suspects on reasonable grounds, after\ninvestigation or otherwise, that a person has committed a serious\n(2) The council must—\n(a) report the suspected offence to the chief police officer or other\nappropriate prosecuting authority; and\n(b) make available to the chief police officer or authority the\ninformation and documents relevant to the suspected offence in\nits possession or under its control.\n(3) The obligation under subsection (2) (b) continues while the council\nholds the relevant suspicion.\nserious offence means an offence—\n(a) for an offence committed in Australia—that is punishable by\nimprisonment for at least 1 year; or\n\n(b) for an offence committed outside Australia—that would be, if it\nhad been committed in the ACT, punishable by imprisonment\nfor at least 1 year.\n","sortOrder":466},{"sectionNumber":"468","sectionType":"section","heading":"Protection for things done in administration of ch 4","content":"468 Protection for things done in administration of ch 4\n(a) for the purposes of the administration of this chapter; or\n(b) in the exercise of a function under this chapter (other than in the\nexercise of a function of a council under part 4.9 (Publicising\ndisciplinary action)); or\nNote Section 451 provides protection for the exercise of functions under\npt 4.9.\n(c) in the reasonable belief that the act or omission was in the\nexercise of a function under this chapter (other than in the\nexercise of a function of the relevant council under part 4.9).\n(c) a committee or subcommittee of a council or any member of a\ncommittee or subcommittee; or\n(d) anyone involved in the conduct of an investigation under this\nchapter; or\n(e) a mediator to whom a matter is referred under this chapter; or\n(f) any member of the staff of any entity mentioned in paragraph (a)\nto (d).\n\n","sortOrder":467},{"sectionNumber":"469","sectionType":"section","heading":"Non-compellability of certain witnesses","content":"469 Non-compellability of certain witnesses\n(1) A protected person under section 468 is not compellable in any legal\nproceeding (including an application before the ACAT) to give\nevidence or produce documents in relation to any matter in which the\nperson was involved in the course of the administration of this\nchapter.\n(2) This section does not apply in relation to—\n(a) an inquiry under the Inquiries Act 1991; or\n(b) the investigation of a complaint under the Ombudsman\nAct 1989; or\n(c) an inquiry under the Royal Commissions Act 1991.\n","sortOrder":468},{"sectionNumber":"470","sectionType":"section","heading":"Confidentiality of client communications for ch 4","content":"470 Confidentiality of client communications for ch 4\nAn Australian legal practitioner must comply with a requirement\nunder this chapter to answer a question or to produce information or\na document, despite any duty of confidentiality in relation to a\ncommunication between the practitioner and a client.\n","sortOrder":469},{"sectionNumber":"471","sectionType":"section","heading":"Self-incrimination and other privileges overridden for ch","content":"471 Self-incrimination and other privileges overridden for ch\n4 proceedings\n(1) This section applies despite the Legislation Act, part 15.4\n(Preservation of certain common law privileges) if a person is\nrequired by the ACAT to disclose anything in a proceeding before the\nACAT under this chapter.\n(2) The person is not excused from the disclosure because—\n(a) the disclosure might tend to incriminate the person or make the\nperson liable to a penalty, or the person’s property liable to\nforfeiture, under this Act or another territory law; or\n\n(b) the disclosure would be in breach of an obligation (whether\nimposed by law or otherwise) of the person not to make the\ndisclosure.\nExample—client legal privilege\nA person is not excused from disclosing a document because to do so would be in\nbreach of an obligation by a lawyer to a client not to disclose the existence or\ncontents of the document.\n(3) However, the disclosure is inadmissible against the person making\nthe disclosure in a civil or criminal proceeding except—\n(a) in a criminal proceeding in relation to giving false or misleading\ndocuments, information or testimony; or\n(b) in a proceeding on an application under this Act; or\n(c) a proceeding resulting from a report or disclosure under\nsection 467 (Duty of council to report suspected offences).\n(d) for a document—in a civil proceeding in relation to a right or\nliability it gives or imposes.\n(4) A proceeding does not lie against a person because of the disclosure\nif it is in breach of an obligation the person would otherwise have\n(whether imposed by law or applying otherwise).\ndisclosure, by a person, includes—\n(a) the person answering a question or giving testimony or\ninformation to someone else; and\n(b) the person giving or producing a statement, document or\nanything else to someone else.\n\n","sortOrder":470},{"sectionNumber":"472","sectionType":"section","heading":"Waiver of privilege or duty of confidentiality","content":"472 Waiver of privilege or duty of confidentiality\n(1) If a client of an Australian legal practitioner makes a complaint about\nthe practitioner, or an employee of the practitioner, the complainant\nis taken to have waived client legal privilege, or the benefit of any\nduty of confidentiality, to enable the practitioner to disclose to the\nappropriate authorities any information necessary for investigating\nand dealing with the complaint.\n(2) Without limiting subsection (1), any information disclosed under that\nsubsection may be used in or in relation to any procedures or\nproceedings relating to the complaint.\n(3) This section has effect despite the Legislation Act, section 171 (Client\nlegal privilege).\n\nPreliminary—ch 5 Part 5.1\n","sortOrder":471},{"sectionNumber":"473","sectionType":"section","heading":"Definitions—ch 5","content":"473 Definitions—ch 5\n(1) In this chapter:\nexternal intervener means a supervisor, manager or receiver\nappointed for a legal practice under this chapter.\nexternal intervention means the appointment of, and the exercise of\nthe functions of, a supervisor, manager or receiver under this chapter.\nregulated property, for a law practice, means the following:\n(a) trust money or trust property received, receivable or held by the\n(b) interest, dividends or other income or anything else derived from\nor acquired with money or property mentioned in paragraph (a);\n(c) documents or records of any description relating to anything\nmentioned in paragraph (a) or (b);\n(d) any computer hardware or software, or other device, in the\ncustody or control of the practice or an associate of the practice\nby which a record mentioned in paragraph (c) may be produced\nor reproduced in visible form.\n(2) Other terms used in this chapter have the same meanings as in part 3.1\n(Trust money and trust accounts).\n\n","sortOrder":472},{"sectionNumber":"474","sectionType":"section","heading":"Purpose—ch 5","content":"474 Purpose—ch 5\n(1) The purpose of this chapter is to ensure that an appropriate range of\noptions is available for intervention in the business and professional\naffairs of law practices and Australian-registered foreign lawyers for\nthe purpose of protecting the interests of—\n(a) the general public; and\n(b) clients; and\n(c) lawyers, including the owners and employees of law practices,\nso far as their interests are not inconsistent with the interests of\nthe general public and clients.\n(2) It is intended that interventions happen consistently with—\n(a) similar interventions in other jurisdictions, especially if a law\npractice operates in the ACT and 1 or more other jurisdictions;\nand\n(b) other provisions of this Act.\n","sortOrder":473},{"sectionNumber":"475","sectionType":"section","heading":"Application of ch 5—incorporated law practices etc","content":"475 Application of ch 5—incorporated law practices etc\n(1) This chapter applies to all law practices, irrespective of whether they\nare incorporated under the Corporations Act.\n(2) This chapter is intended to apply so that it, rather than the\nCorporations Act or the Bankruptcy Act 1966 (Cwlth), applies in\nrelation to the winding up of trust property and in relation to the\ncarrying on of a law practice by external intervention.\n(3) This section is subject to section 476.\n\nPreliminary—ch 5 Part 5.1\n","sortOrder":474},{"sectionNumber":"476","sectionType":"section","heading":"Application of ch 5 to barristers","content":"476 Application of ch 5 to barristers\n(1) Part 5.3 (Supervisors of trust money) and part 5.5 (Receivers) do not\napply to the law practice of a barrister.\n(2) This chapter applies to the law practice of a barrister as if the powers\nof the manager for a law practice of a barrister included power to\nreallocate or return briefs.\n","sortOrder":475},{"sectionNumber":"477","sectionType":"section","heading":"Application of ch 5 to Australian-registered foreign","content":"477 Application of ch 5 to Australian-registered foreign\nlawyers and former Australian-registered foreign lawyers\nThis chapter applies, with necessary changes, to Australian-registered\nforeign lawyers and former Australian-registered foreign lawyers in\nthe same way as it applies to law practices.\n","sortOrder":476},{"sectionNumber":"478","sectionType":"section","heading":"Application of ch 5 to other people","content":"478 Application of ch 5 to other people\nThis chapter applies to the following, with necessary changes, in the\nsame way as it applies to law practices:\n(a) a former law practice or former Australian legal practitioner;\n(b) the executor (original or by representation) or administrator for\nthe time being of a deceased Australian legal practitioner or of\nthe deceased practitioner’s estate;\n(c) the administrator, or receiver, or receiver and manager of the\nproperty of an incorporated legal practice;\n(d) the liquidator of an incorporated legal practice that is being or\nhas been wound up.\n\n","sortOrder":477},{"sectionNumber":"479","sectionType":"section","heading":"Circumstances justifying external intervention","content":"479 Circumstances justifying external intervention\nExternal intervention may take place in relation to a law practice in\nany of the following circumstances:\n(a) if a legal practitioner associate involved in the practice—\n(i) has died; or\n(ii) stops being an Australian legal practitioner; or\n(iii) has become an insolvent under administration; or\n(iv) is in prison;\n(b) for a firm—if the partnership has been wound up or dissolved;\n(c) for an incorporated legal practice—if the corporation\nconcerned—\n(i) stops being an incorporated legal practice; or\n(ii) is being or has been wound up; or\n(iii) has been deregistered or dissolved;\n(d) in any case—if the relevant council believes, on reasonable\ngrounds, that the practice or an associate of the practice—\n(i) is not dealing adequately with trust money or trust property\nor is not properly attending to the affairs of the practice or\nan associate of the practice; or\n(ii) has committed a serious irregularity, or a serious\nirregularity has happened, in relation to trust money or trust\nproperty or the affairs of the practice; or\n(iii) has failed properly to account in a timely way to anyone\nfor trust money or trust property received by the practice\nfor or on behalf of the person; or\n\nInitiation of external intervention Part 5.2\n(iv) has failed properly to make a payment of trust money or a\ntransfer of trust property when required to make the\npayment or transfer by a person entitled to the money or\nproperty or entitled to give a direction for payment or\ntransfer; or\n(v) is in breach of a regulation or the legal profession rules\nwith the result that the record-keeping for the practice’s\ntrust account is inadequate; or\n(vi) has been or is likely to be convicted of an offence relating\nto trust money or trust property; or\n(vii) is the subject of a complaint relating to trust money or trust\nproperty received by the practice; or\n(viii) has failed to comply with any requirement of an\ninvestigator or external examiner appointed under this Act;\nor\n(ix) has stopped engaging in legal practice without making\nprovision for properly dealing with trust money or trust\nproperty received by the practice or for properly winding\nup the affairs of the practice;\n(e) if any other proper cause exists in relation to the practice.\n","sortOrder":478},{"sectionNumber":"480","sectionType":"section","heading":"Decision about external intervention","content":"480 Decision about external intervention\n(1) This section applies if the relevant council becomes aware that 1 or\nmore of the circumstances mentioned in section 479 exist in relation\nto a law practice and decides that external intervention is justified,\nhaving regard to the interests of the clients of the practice and to other\nmatters that it considers appropriate.\n\n(2) The relevant council may decide—\n(a) for a law practice other than the law practice of a barrister—to\nappoint a supervisor for the law practice, if the relevant council\nis of the opinion—\n(i) that external intervention is required because of issues\nrelating to the practice’s trust accounts; and\n(ii) that it is not appropriate that the provision of legal services\nby the practice be wound up and ended because of those\nissues; or\n(b) to appoint a manager for the law practice, if the relevant council\nis of the opinion—\n(i) that external intervention is required because of issues\nrelating to the practice’s trust records; or\n(ii) that the appointment is necessary to protect the interests of\nclients in relation to trust money or trust property; or\n(iii) that, for this to happen, there is a need for an independent\nperson to be appointed to take over professional and\noperational responsibility for the practice; or\n(c) for a law practice other than the law practice of a barrister—to\napply to the Supreme Court under section 494 for the\nappointment of a receiver for the law practice, if the relevant\ncouncil is of the opinion—\n(i) that the appointment is necessary to protect the interests of\nclients in relation to trust money or trust property; or\n(ii) that it may be appropriate that the provision of legal\nservices by the practice be wound up and ended.\n(3) The relevant council may, from time to time, make further decisions\nin relation to the law practice and for that purpose may revoke a\nprevious decision with effect from a date or event stated by the\n\nInitiation of external intervention Part 5.2\n(4) If the relevant council decides to revoke a decision to apply to the\nSupreme Court for the appointment of a receiver, the council must\napply to the court for the revocation of the appointment.\n(5) A further decision may be made under subsection (3)—\n(a) whether or not there has been any change in the circumstances\nin consequence of which the original decision was made; and\n(b) whether or not any further circumstances have come into\nexistence in relation to the law practice after the original\ndecision was made.\n(6) An appointment of a supervisor or manager for a law practice may be\nmade in relation to the law practice generally or may be limited in\nany way the relevant council considers appropriate, including, for\nexample, to matters in relation to a particular legal practitioner\nassociate or to matters in relation to a particular position or a\nparticular subject matter.\n\nNote to pt 5.3\nThis part does not apply to the law practice of a barrister (see s 476).\n","sortOrder":479},{"sectionNumber":"481","sectionType":"section","heading":"Appointment of supervisor","content":"481 Appointment of supervisor\n(1) This section applies if the law society council decides to appoint a\nsupervisor of trust money of a law practice.\n(2) The law society council may appoint a person as supervisor of trust\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n(3) The appointee must be either—\n(a) an Australian legal practitioner who holds an unrestricted\n(b) a person holding accounting qualifications with experience in\nlaw practice trust accounts.\n(4) The appointee may (but need not) be an employee of the law society.\n(5) The appointment must—\n(a) identify the law practice and the supervisor; and\nof a supervisor of trust money; and\n(d) state any conditions imposed by the law society council when\nthe appointment is made; and\n\n(e) state any fees payable by way of remuneration to the supervisor\nspecifically for carrying out the supervisor’s duties in relation to\nNote Par (e) is intended to exclude remuneration payable generally, eg as an\nemployee of the law society.\n(f) provide for the legal costs and the expenses that may be incurred\nby the supervisor in relation to the external intervention.\n(6) The appointment may state any reporting requirements to be observed\nby the supervisor.\n","sortOrder":480},{"sectionNumber":"482","sectionType":"section","heading":"Notice of appointment of supervisor","content":"482 Notice of appointment of supervisor\n(1) As soon as possible after a supervisor of trust money is appointed for\na law practice, the law society council must give written notice of the\nappointment to—\n(e) anyone whom the council believes, on reasonable grounds,\n(a) identify the law practice and the supervisor; and\nof a supervisor of trust money; and\n(d) state any reporting requirements to be observed by the\nsupervisor; and\n\n(e) state any conditions imposed by the law society council when\nthe appointment was made; and\n(f) include a statement that the law practice may appeal against the\nappointment of the supervisor under section 514; and\n(g) contain or be accompanied by any other information or material\n","sortOrder":481},{"sectionNumber":"483","sectionType":"section","heading":"Effect of service of notice of appointment of supervisor","content":"483 Effect of service of notice of appointment of supervisor\n(1) If an ADI is given notice under section 482 of the appointment of a\nsupervisor of trust money of a law practice, then, while the\nappointment is in force, the ADI must ensure that no funds are\nwithdrawn or transferred from a trust account of the practice unless—\ndrawn on the account signed by the supervisor or a nominee of\nthe supervisor; or\n(b) the withdrawal or transfer is made by the supervisor or a\nnominee of the supervisor using electronic or internet banking\nfacilities; or\nby the supervisor or a nominee of the supervisor.\n(a) the person is given notice under section 482 of the appointment\nof a supervisor of trust money of a law practice; and\n\n(3) Subsection (2) does not apply to an ADI or the supervisor of trust\nmoney of the law practice.\n(4) An offence against this section is a strict liability offence.\n(5) The supervisor of trust money of a law practice may, for\nsubsection (1) (b), enter into arrangements with an ADI for\nwithdrawing funds from a trust account of the practice using\nelectronic or internet banking facilities.\n(6) If an amount is withdrawn or transferred in contravention of\nsubsection (1) from a trust account of a law practice kept with an ADI,\nthe supervisor for the practice may recover the amount from the ADI\nas a debt in a court of competent jurisdiction.\n(7) The supervisor for the law practice must pay any amount recovered\nfrom the ADI under subsection (6) into the trust account of the\n","sortOrder":482},{"sectionNumber":"484","sectionType":"section","heading":"Role of supervisor of trust money","content":"484 Role of supervisor of trust money\n(1) A supervisor for a law practice has the powers and duties of the\npractice in relation to trust money of the practice, including powers—\n(a) to receive trust money entrusted to the practice; and\n(b) to open and close trust accounts.\n(2) For the purpose of exercising powers or duties under subsection (1),\nthe supervisor may do any or all of the following:\n\npractice, or anyone else who has, or has had, control of\ndocuments relating to trust money received by the practice, to\ngive the supervisor either or both of the following:\n(i) access to the files and documents the supervisor reasonably\nrequires;\n(ii) information relating to the trust money the supervisor\npremises, for a purpose relevant to the supervisor’s\nappointment;\nsupervisor’s appointment.\n(3) If the supervisor takes anything from the premises, the supervisor\nmust issue a receipt for the thing and—\nNote If a form is approved under the Court Procedures Act 2004, s 8 for a\nreceipt, the form must be used.\n\n(4) If the supervisor is refused access to the premises or the premises are\nunoccupied, the supervisor may use whatever appropriate force is\n(5) This section applies to trust money held by the practice before the\nsupervisor is appointed, as well as to trust money received afterwards.\n(6) The supervisor does not have a role in the management of the affairs\nof the law practice except as far as the affairs relate to a trust account\nof the practice.\n","sortOrder":483},{"sectionNumber":"485","sectionType":"section","heading":"Records of and dealing with trust money of law practice","content":"485 Records of and dealing with trust money of law practice\nunder supervision\n(1) A supervisor for a law practice must keep the records of the\nsupervisor’s dealings with trust money of the practice—\n(a) separately from records relating to dealings with trust money\nbefore their appointment as supervisor; and\n(b) separately from the affairs of any other law practice for which\nthey are supervisor; and\n(2) Subject to subsection (1), a supervisor for a law practice must deal\nwith the trust money of the practice in the same way as a law practice\nmust deal with trust money.\n","sortOrder":484},{"sectionNumber":"486","sectionType":"section","heading":"Ending of supervisor’s appointment","content":"486 Ending of supervisor’s appointment\n(1) The appointment of a supervisor of trust money of a law practice ends\nin the following circumstances:\n(a) the term of the appointment ends;\n(b) the appointment is set aside under section 514 (Appeal against\nappointment of supervisor or manager);\n(c) the appointment of a manager for the practice takes effect;\n\n(d) the appointment of a receiver for the practice takes effect;\n(e) the supervisor has distributed all trust money received by the\npractice and wound up all trust accounts;\n(f) a decision of the law society council that the appointment be\nended takes effect.\n(2) The law society council may decide that the appointment be ended\nimmediately or with effect from a stated date.\n(3) The law society council must give written notice of the ending of the\nappointment to everyone given notice of the appointment.\n\n","sortOrder":485},{"sectionNumber":"487","sectionType":"section","heading":"Appointment of manager","content":"487 Appointment of manager\n(1) This section applies if the relevant council decides to appoint a\nmanager for a law practice.\n(2) The relevant council may appoint a person as manager.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n(3) The appointee must be an Australian legal practitioner who holds an\nunrestricted practising certificate, and may (but need not) be an\nemployee of the law society.\n(4) However, for the appointment of a manager for the law practice of a\nbarrister, the appointee may (but need not) be an employee of the bar\nassociation and need not be an Australian lawyer or the holder of an\nAustralian practising certificate.\n(5) The appointment must—\n(a) identify the law practice and the manager; and\nof a manager; and\n(d) state any conditions imposed by the relevant council when the\nappointment is made; and\n(e) state any fees payable by way of remuneration to the manager\nspecifically for carrying out the manager’s duties in relation to\nNote Par (e) is intended to exclude remuneration payable generally, eg\nas an employee of the law society or bar association.\n\n(f) provide for the legal costs and expenses that may be incurred by\nthe manager in relation to the external intervention.\n(6) The appointment may state any reporting requirements to be observed\nby the manager.\n","sortOrder":486},{"sectionNumber":"488","sectionType":"section","heading":"Notice of appointment","content":"488 Notice of appointment\n(1) As soon as possible after a manager is appointed for a law practice,\nthe relevant council must give written notice of the appointment to—\n(e) any legal practitioner associate of the practice named under\nsubsection (2) (f); and\n(f) anyone whom the council believes, on reasonable grounds,\n(a) identify the law practice and the manager; and\nof a manager; and\n(d) state any reporting requirements to be observed by the manager;\nand\n(e) state any conditions imposed by the relevant council when the\nappointment was made; and\n\n(f) name any legal practitioner associate of the practice who must\nnot participate in the affairs of the practice except under the\ndirect supervision of the manager; and\n(g) include a statement that the law practice may appeal against the\nappointment of the manager under section 514; and\n(h) contain or be accompanied by any other information or material\n","sortOrder":487},{"sectionNumber":"489","sectionType":"section","heading":"Effect of service of notice of appointment of manager","content":"489 Effect of service of notice of appointment of manager\n(a) the person is given notice under section 488 of the appointment\nof a manager for a law practice; and\n(b) the person is a legal practitioner associate of the practice who is\nnamed in the notice under section 488 (2) (f); and\n(c) the person participates in the affairs of the practice otherwise\nthan under the direct supervision of the manager.\n(2) Strict liability applies to subsection (1) (a) and (b).\n(3) If an ADI is given notice under section 488 of the appointment of a\nmanager for a law practice, then, while the appointment is in force,\nthe ADI must ensure that no funds are withdrawn or transferred from\na trust account of the practice unless—\ndrawn on the account signed by—\n(iii) a nominee of the manager or receiver; or\n\n(b) the withdrawal or transfer is made by means of electronic or\ninternet banking facilities by—\n(iii) a nominee of the manager or receiver; or\nby—\n(iii) a nominee of the manager or receiver.\n(4) A person commits an offence if—\n(a) the person is given notice under section 488 of the appointment\nof a manager for a law practice; and\n(5) Strict liability applies to subsection (4) (a).\n(6) Subsection (4) does not apply to an ADI, the manager for the law\npractice, a receiver for the practice or a legal practitioner associate to\nwhom subsection (1) applies.\n\n(7) The manager for a law practice may, for subsection (3) (b), enter into\narrangements with an ADI for withdrawing funds from a trust account\nof the practice using electronic or internet banking facilities.\n(8) If an amount is withdrawn or transferred in contravention of\nsubsection (3) from a trust account of the law practice kept with an\nADI, the manager for the practice, or a receiver for the practice, may\nrecover the amount from the ADI as a debt in a court of competent\n(9) The manager or receiver for the law practice must pay any amount\nrecovered from the ADI under subsection (8) into the trust account of\nthe practice or another trust account nominated by the manager or\nreceiver.\n","sortOrder":488},{"sectionNumber":"490","sectionType":"section","heading":"Role of manager","content":"490 Role of manager\n(1) A manager for a law practice may carry on the practice and may do\neverything that the practice or a legal practitioner associate of the\npractice might lawfully have done, including, for example, the\n(a) transacting any urgent business of the practice;\n(b) transacting, with the approval of any or all of the existing clients\nof the practice, any business on their behalf, including—\n(i) starting, continuing, defending or settling any proceeding;\nand\n(ii) receiving, retaining and disposing of property;\n(c) accepting instructions from new clients and transacting any\nbusiness on their behalf, including—\n(i) starting, continuing, defending or settling any proceeding;\nand\n(ii) receiving, retaining and disposing of regulated property;\n\n(d) charging and recovering legal costs, including legal costs for\nwork in progress at the time of the manager’s appointment;\n(e) entering into, executing or performing any agreement;\n(f) dealing with trust money in accordance with this Act;\n(g) winding up the affairs of the practice.\n(2) For the purpose of exercising powers under subsection (1), the\nmanager may do any or all of the following:\npractice, or anyone else who has, or has had, control of client\nfiles and associated documents (including documents relating to\ntrust money received by the practice), to give the manager either\nor both of the following:\n(i) access to the files and documents the manager reasonably\nrequires;\n(ii) information relating to client matters the manager\npremises, for a purpose relevant to the manager’s appointment;\nmanager’s appointment.\n\n(3) If the manager takes anything from the premises, the manager must\nissue a receipt for the thing and—\n(4) If the manager is refused access to the premises or the premises are\nunoccupied, the manager may use whatever appropriate force is\n","sortOrder":489},{"sectionNumber":"491","sectionType":"section","heading":"Records and accounts of law practice under management","content":"491 Records and accounts of law practice under management\nand dealings with trust money\n(1) A manager for a law practice must keep the records and accounts of\nthe practice that the manager manages—\n(a) separately from the management of the affairs of the practice\nbefore their appointment as manager; and\n(b) separately from the affairs of any other law practice for which\nthey are manager; and\n(2) Subject to subsection (1), a manager for a law practice must deal with\ntrust money of the practice in the same way as a law practice must\ndeal with trust money.\n","sortOrder":490},{"sectionNumber":"492","sectionType":"section","heading":"Deceased estates—law practice under management","content":"492 Deceased estates—law practice under management\n(1) The manager for a law practice must cooperate with the legal personal\nrepresentative of a deceased legal practitioner associate of the\npractice for the orderly winding up of the estate.\n\n(2) The manager is not, in the exercise of powers and duties as manager,\na legal personal representative of the deceased legal practitioner\nassociate.\n(3) Subsection (2) does not prevent the manager from exercising powers\nor duties as a legal personal representative if otherwise appointed as\nrepresentative.\n(4) Subject to subsections (1) and (2) and to the terms of the manager’s\nappointment, if the manager was appointed before the death of the\nlegal practitioner associate, the manager’s appointment, powers and\nduties are not affected by the death.\n","sortOrder":491},{"sectionNumber":"493","sectionType":"section","heading":"Ending of manager’s appointment","content":"493 Ending of manager’s appointment\n(1) The appointment of a manager for a law practice ends in the following\ncircumstances:\n(a) the term of the appointment ends;\n(b) the appointment is set aside under section 514 (Appeal against\nappointment of supervisor or manager);\n(c) the appointment of a receiver for the practice takes effect, if the\nterms of the appointment indicate that the receiver is authorised\nto exercise the powers and duties of a manager;\n(d) the manager has wound up the affairs of the practice;\n(e) a decision of the relevant council that the appointment be ended\ntakes effect.\n(2) The relevant council may decide that the appointment be ended\nimmediately or with effect from a stated date.\n(3) The relevant council must give written notice of the ending of the\nappointment to everyone given notice of the appointment.\n\n(4) If the appointment ends in the circumstances mentioned in\nsubsection (1) (a), (c) or (e), the former manager must transfer and\ngive the regulated property and client files of the law practice to—\n(a) another external intervener appointed for the practice; or\n(b) the practice, if another external intervener is not appointed for\nthe practice.\n(5) However, the former manager need not transfer regulated property\nand files to the law practice in compliance with subsection (4) unless\nthe manager’s expenses have been paid to the relevant council.\n\nNote to pt 5.5\nThis part does not apply to the law practice of a barrister (see s 476).\n","sortOrder":492},{"sectionNumber":"494","sectionType":"section","heading":"Appointment of receiver","content":"494 Appointment of receiver\n(1) This section applies if the law society council decides to apply to the\nSupreme Court for the appointment of a receiver for a law practice.\n(2) On the application of the law society council, the Supreme Court may\nappoint a person as receiver for the law practice.\n(3) The Supreme Court may make the appointment if the court is of the\nopinion—\n(a) that the appointment is necessary to protect the interests of\nclients of the law practice in relation to trust money or trust\nproperty; or\n(b) that it may be appropriate that the provision of legal services be\nwound up and ended.\n(4) The Supreme Court may make the appointment whether or not the\nlaw practice or a principal of the practice has been given notice of the\napplication and whether or not the practice or principal is a party to\nthe proceeding.\n(5) The Legislation Act, part 19.3 does not apply in relation to the\nappointment.\n(6) Before starting to hear the application, the Supreme Court must order\nfrom the precincts of the court anyone who is not—\n(a) an officer of the court; or\n(b) a party, an officer or employee of a party, a legal representative\nof a party, or a clerk of a legal representative of a party; or\n(c) a principal of the law practice; or\n\n(d) a person who is about to or is in the course of giving evidence;\nor\n(e) a person permitted by the court to be present in the interests of\njustice.\n(7) The appointee must be—\n(a) an Australian legal practitioner who holds an unrestricted\n(b) a person holding accounting qualifications with experience in\nlaw practice trust accounts.\n(8) The appointee may (but need not) be an employee of the law society.\n(9) The appointment must—\n(a) identify the law practice and the receiver; and\nof a receiver; and\n(c) state any conditions imposed by the Supreme Court when the\nappointment is made; and\n(d) state any fees payable by way of remuneration to the receiver\nspecifically for carrying out the receiver’s duties in relation to\nNote Par (d) is intended to exclude remuneration payable generally, eg\nas an employee of the law society.\n(e) provide for the legal costs and the expenses that may be incurred\nby the receiver in relation to the external intervention.\n(10) The appointment may—\n(a) state the term (if any) of the appointment; and\n(b) state any reporting requirements to be observed by the receiver.\n\n","sortOrder":493},{"sectionNumber":"495","sectionType":"section","heading":"Notice of appointment of receiver","content":"495 Notice of appointment of receiver\n(1) As soon as possible after a receiver is appointed for a law practice,\nthe law society council must give written notice of the appointment\nto—\n(e) any legal practitioner associate of the practice named under\nsubsection (2) (h); and\n(f) anyone whom the Supreme Court directs should be given notice\nof the appointment; and\n(g) anyone whom the council believes, on reasonable grounds,\n(a) identify the law practice and the receiver; and\nof a receiver; and\n(c) indicate the extent to which the receiver has the powers of a\nmanager for the practice; and\n(d) state the term (if any) of the appointment; and\n(e) state any reporting requirements to be observed by the receiver;\nand\n(f) state any conditions imposed by Supreme Court when the\nappointment was made; and\n\n(g) state that the law practice may appeal against the appointment\nof the receiver under section 514 (Appeal against appointment\nof supervisor or manager); and\n(h) name any legal practitioner of the practice who must not\nparticipate in the affairs of the practice; and\n(i) contain or be accompanied by any other information or material\n","sortOrder":494},{"sectionNumber":"496","sectionType":"section","heading":"Effect of service of notice of appointment of receiver","content":"496 Effect of service of notice of appointment of receiver\n(a) the person is given notice under section 495 of the appointment\nof a receiver for a law practice; and\n(b) the person is a legal practitioner associate of the practice who is\nnamed in the notice under section 495 (2) (h); and\n(c) the person participates in the affairs of the practice.\n(2) Strict liability applies to subsection (1) (a) and (b).\n(3) If an ADI is given notice under section 495 of the appointment of a\nreceiver for a law practice, then, while the appointment is in force,\nthe ADI must ensure that no funds are withdrawn or transferred from\na trust account of the practice unless—\ndrawn on the account signed by—\n(iii) a nominee of the receiver or manager; or\n\n(b) the withdrawal or transfer is made by means of electronic or\ninternet banking facilities by—\n(iii) a nominee of the receiver or manager; or\nby—\n(iii) a nominee of the receiver or manager.\n(4) A person commits an offence if—\n(a) the person is given notice under section 495 of the appointment\nof a receiver for a law practice; and\n(5) Strict liability applies to subsection (4) (a).\n(6) Subsection (4) does not apply to an ADI, the receiver for the law\npractice or a manager for the practice.\n\n(7) The receiver for a law practice may, for subsection (3) (b), enter into\narrangements with an ADI for withdrawing funds from a trust account\nof the practice using electronic or internet banking facilities.\n(8) If an amount is withdrawn or transferred in contravention of\nsubsection (2) from a trust account of the law practice kept with an\nADI, the receiver for the practice, or a manager for the practice, may\nrecover the amount from the ADI as a debt in a court of competent\n(9) The receiver or manager for the law practice must pay any amount\nrecovered from the ADI under subsection (8) into the trust account of\nthe practice or another trust account nominated by the manager or\nreceiver.\n","sortOrder":495},{"sectionNumber":"497","sectionType":"section","heading":"Role of receiver","content":"497 Role of receiver\n(1) The role of a receiver for a law practice is—\n(a) to be the receiver of regulated property of the practice; and\n(b) to wind up and terminate the affairs of the practice.\n(2) For the purpose of winding up the affairs of the law practice and in\nthe interests of the practice’s clients, the law society council may, in\nwriting, authorise—\n(a) the receiver to carry on the legal practice engaged in by the law\npractice, if the receiver is an Australian legal practitioner who\nholds an unrestricted practising certificate; or\n(b) an Australian legal practitioner who holds an unrestricted\npractising certificate, or a law practice whose principals are or\ninclude 1 or more Australian legal practitioners who hold\nunrestricted practising certificates, stated in the authorisation to\ncarry on the legal practice on behalf of the receiver.\n\n(3) Subject to any written directions given by the law society council, the\nperson authorised to carry on the legal practice engaged in by a law\npractice has all the powers of a manager under this chapter and is\ntaken have been appointed as manager for the law practice.\n(4) The law society council may end an authorisation to carry on a law\npractice granted under this section.\n(5) For the purpose of exercising powers under subsection (1), the\nreceiver may do any or all of the following:\npractice, or anyone else who has, or has had, control of client\nfiles and associated documents (including documents relating to\ntrust money received by the practice), to give the receiver—\n(i) access to the files and documents the receiver reasonably\nrequires; and\n(ii) information relating to client matters the receiver\npremises, for a purpose relevant to the receiver’s appointment;\nreceiver’s appointment.\n\n(6) If the receiver takes anything from the premises, the receiver must\nissue a receipt for the thing and—\nNote If a form is approved by the law society council under s 587 for this\nprovision, the form must be used.\n(7) If the receiver is refused access to the premises or the premises are\nunoccupied, the receiver may use whatever appropriate force is\n","sortOrder":496},{"sectionNumber":"498","sectionType":"section","heading":"Records and accounts of law practice under receivership","content":"498 Records and accounts of law practice under receivership\nand dealings with trust money\n(1) A receiver for a law practice must keep the records and accounts of\nthe practice that the receiver manages—\n(a) separately from the management of the affairs of the practice\nbefore their appointment as receiver; and\n(b) separately from the affairs of any other law practice that the\nreceiver is managing; and\n(2) Subject to subsection (1), a receiver for a law practice must deal with\ntrust money of the practice in the same way as a law practice must\ndeal with trust money.\n","sortOrder":497},{"sectionNumber":"499","sectionType":"section","heading":"Power of receiver to take possession of regulated","content":"499 Power of receiver to take possession of regulated\nproperty\n(1) A receiver for a law practice may take possession of regulated\nproperty of the practice.\n\n(2) A person in possession or having control of regulated property of the\nlaw practice must allow the receiver to take possession of the\nregulated property if the receiver requires the person to allow the\nreceiver to take possession of it.\n(3) If a person contravenes subsection (2) in relation to regulated\nproperty, the Supreme Court may, on application by the receiver,\norder the person to give the property to the receiver.\n(4) If, on application made by the receiver, the Supreme Court is satisfied\nthat an order made under subsection (3) has not been complied with,\nthe court may order the seizure of any regulated property of the law\npractice on the premises stated in the order and make any further\norders it considers appropriate.\n(5) An order under subsection (4) operates to authorise—\n(a) any police officer; or\n(b) the receiver or a person authorised by the receiver, together with\nany police officer;\nto enter the premises stated in the order and search for, seize and\nremove anything that appears to be regulated property of the law\n(6) The receiver must return anything seized under this section that is not\nregulated property of the law practice.\n","sortOrder":498},{"sectionNumber":"500","sectionType":"section","heading":"Power of receiver to take delivery of regulated property","content":"500 Power of receiver to take delivery of regulated property\n(1) If a receiver for a law practice believes, on reasonable grounds, that\nsomeone is under an obligation, or will later be under an obligation,\nto give regulated property to the practice, the receiver may by written\nnotice require the other person to give the property to the receiver.\n(a) the person has notice that a receiver has been appointed for a\nlaw practice; and\n\n(b) the person has possession or control of regulated property of the\n(c) the person is given a notice under subsection (1) in relation to\nthe property or otherwise has notice that the person is under an\nobligation to give the property to the receiver of the practice;\nand\n(d) the person fails to give the property to the receiver.\n(3) A document signed by a receiver acknowledging the receipt of\nregulated property given to the receiver is as effective as if it had been\ngiven by the law practice.\n","sortOrder":499},{"sectionNumber":"501","sectionType":"section","heading":"Power of receiver to deal with regulated property","content":"501 Power of receiver to deal with regulated property\n(1) This section applies if a receiver for a law practice acquires or takes\npossession of regulated property of the practice.\n(2) The receiver may deal with the regulated property in any way in\nwhich the law practice could have lawfully dealt with the property.\n","sortOrder":500},{"sectionNumber":"502","sectionType":"section","heading":"Power of receiver to require documents or information","content":"502 Power of receiver to require documents or information\n(1) A receiver for a law practice may, by written notice, require a relevant\nperson for the practice to give the receiver either or both of the\nfollowing within the reasonable time stated in the notice:\n(a) access to documents relating to the affairs of the practice the\nreceiver reasonably requires;\n(b) information relating to the affairs of the practice the receiver\n\n(2) The relevant person commits an offence if the person contravenes a\nrequirement of a notice given to the person under subsection (1).\n(3) Subsection (2) does not apply if the person has a reasonable excuse.\n(4) The relevant person cannot rely on the common law privileges against\nself-incrimination or exposure to the imposition of a civil penalty to\nrefuse to comply with the requirement.\nvalidity of certain requirements etc) applies to the requirement.\n(5) However, any information, document or other thing obtained, directly\nor indirectly, because of complying with the requirement is not\nadmissible against the person in a civil or criminal proceeding, other\nthan a proceeding for—\n(a) an offence in relation to the falsity or misleading nature of a\ndocument or information; or\n(b) an offence against this Act; or\n(c) an offence relating to the falsity of the answer; or\n(d) proceedings taken by the receiver for the recovery of regulated\nproperty.\nrelevant person, for a law practice, means—\n(a) an associate or former associate of the practice; or\n(b) anyone who has, or has had, control of documents of the\n(c) anyone who has information relating to regulated property of the\npractice or property that the receiver reasonably believes to be\nregulated property of the practice.\n\n","sortOrder":501},{"sectionNumber":"503","sectionType":"section","heading":"Examinations for receivership","content":"503 Examinations for receivership\n(1) On the application of a receiver for a law practice, the Supreme Court\nmay make an order directing that an associate or former associate of\nthe practice or any other person appear before the court for\nexamination on oath in relation to the regulated property of the\nNote Oath includes affirmation (see Legislation Act, dict, pt 1).\n(2) On an examination of a person under this section, the person must\nanswer all questions that the court allows to be put to the person.\nNote The Criminal Code, s 722 provides an offence for failing to answer a\nquestion.\n(3) A person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to answer a question.\n(4) However, any information, document or other thing obtained, directly\nor indirectly, because of answering a question is not admissible\nagainst the person in a civil or criminal proceeding, other than a\nproceeding for—\n(a) an offence in relation to the falsity or misleading nature of the\nanswer; or\n(b) an offence against this Act.\n","sortOrder":502},{"sectionNumber":"504","sectionType":"section","heading":"Lien for costs on regulated property","content":"504 Lien for costs on regulated property\n(a) a receiver has been appointed for a law practice; and\n(b) the practice, or a legal practitioner associate of the practice,\nclaims a lien for legal costs on regulated property of the practice.\n\n(2) The receiver may give the law practice or the legal practitioner\nassociate a written notice requiring the practice or associate to give\nthe receiver within a stated period of not less than 1 month—\n(a) particulars sufficient to identify the regulated property; and\n(b) a detailed bill of costs.\n(3) If the law practice or legal practitioner associate asks the receiver in\nwriting to give access to the regulated property that is reasonably\nnecessary to enable the practice or associate to prepare a bill of costs\nto comply with subsection (2), the time allowed under that subsection\ndoes not start to run until the access is provided.\n(4) If a requirement of a notice under subsection (2) is not complied with,\nthe receiver may disregard the legal practitioner associate’s claim in\ndealing with the regulated property claimed to be subject to the lien.\n","sortOrder":503},{"sectionNumber":"505","sectionType":"section","heading":"Regulated property not to be attached","content":"505 Regulated property not to be attached\n(1) Regulated property of a law practice for which a receiver has been\nappointed (including regulated property held by the receiver) is not\nliable to be taken, levied on or attached under any judgment, order or\nprocess of any court or any other process.\n(2) This section is declared to be a Corporations legislation displacement\nprovision for the Corporations Act, section 5G (Avoiding direct\ninconsistency arising between the Corporations legislation and State\nand Territory laws) in relation to the provisions of that Act, chapter 5.\nNote Subsection (2) ensures that that any provision of the Corporations Act or\nwith which s (2) would otherwise be inconsistent does not apply to the\nextent necessary to avoid the inconsistency.\n\n","sortOrder":504},{"sectionNumber":"506","sectionType":"section","heading":"Recovery of regulated property—breach of trust etc","content":"506 Recovery of regulated property—breach of trust etc\n(1) Subsection (2) applies if regulated property of or under the control of\na law practice has, before or after the appointment of a receiver for\nthe practice, been taken by, paid to, or transferred to, a person (the\ntransferee) in breach of trust, improperly or unlawfully and the\ntransferee—\n(a) knew or believed at the time of the taking, payment or transfer\nthat it was done in breach of trust, improperly or unlawfully; or\n(b) did not provide to the practice or anyone else any or any\nadequate consideration for the taking, payment or transfer; or\n(c) because of the taking, payment or transfer, became indebted or\notherwise liable to the practice or to a client of the practice in\nthe amount of the payment or in another amount.\n(2) The receiver is entitled to recover from the transferee—\n(a) if subsection (1) (a) applies—the amount of the payment or the\nvalue of the regulated property taken or transferred; or\n(b) if subsection (1) (b) applies—the amount of the inadequacy of\nthe consideration or, if there was no consideration, the amount\nof the payment or the value of the regulated property taken or\ntransferred; or\n(c) if subsection (1) (c) applies—the amount of the debt or liability.\n(3) On the recovery of the amount from the transferee, the transferee\nstops being liable for it to anyone else.\n(4) If any money of or under the control of a law practice has, before or\nafter the appointment of a receiver for the practice, been paid in\nbreach of trust, improperly or unlawfully to a person (the prospective\nplaintiff) in relation to a cause of action that the prospective plaintiff\nhad, or claimed to have, against a third party—\n(a) the receiver may prosecute the cause of action against the third\nparty in the name of the prospective plaintiff; or\n\n(b) if the prospective plaintiff did not have at the time the payment\nwas made a cause of action against the third party—the receiver\nmay recover the money from the prospective plaintiff.\n(5) If any regulated property of or under the control of a law practice has,\nbefore or after the appointment of a receiver for the practice, been\nused in breach of trust, improperly or unlawfully to discharge a debt\nor liability of a person (the debtor), the receiver may recover from the\ndebtor the amount of the debt or liability discharged less the\nconsideration (if any) provided by the debtor for the discharge.\n(6) A person authorised by the law society council may give a certificate\nin relation to all or any of the following facts in relation to a law\npractice:\n(a) the receipt of regulated property by the practice from anyone,\nthe nature and value of the property, the date of receipt, and the\nidentity of the person from whom it was received;\n(b) the taking, payment or transfer of regulated property for the\npractice, the nature and value of the property, the date of the\ntaking, payment or transfer, and the identity of the person by\nwhom it was taken or to whom it was paid or transferred;\n(c) the entries made in the trust account and in any other ledgers,\nbooks of account, vouchers or records of the practice and the\ntruth or falsity of the entries;\n(d) the money and securities held by the practice at a stated time.\n(7) If the receiver brings a proceeding under subsection (2), (4) or (5), a\ncertificate given under subsection (6) is evidence and, in the absence\nof evidence to the contrary, is proof of the facts stated in it.\n\n","sortOrder":505},{"sectionNumber":"507","sectionType":"section","heading":"Improperly destroying property","content":"507 Improperly destroying property\n(a) the person does any of the following (the action) in relation to\nregulated property of a law practice:\n(i) destroys the property;\n(ii) conceals the property;\n(iii) moves the property from a place to another place;\n(iv) delivers the property into someone else’s possession;\n(v) places the property under someone else’s control; and\n(b) a receiver has been appointed, or is likely to be appointed, for\nthe practice; and\n(c) the person does the action with intent to defeat the operation of\n(2) This section applies whether the person does the action before or after\nthe appointment of a receiver for the law practice.\n","sortOrder":506},{"sectionNumber":"508","sectionType":"section","heading":"Deceased estates—law practice under receivership","content":"508 Deceased estates—law practice under receivership\n(1) The receiver for a law practice must cooperate with the legal personal\nrepresentative of a deceased legal practitioner associate of the\npractice for the orderly winding up of the estate.\n(2) The receiver is not, in the exercise of powers and duties as receiver,\na legal personal representative of the deceased legal practitioner\nassociate.\n(3) Subsection (2) does not prevent the receiver from exercising powers\nor duties as a legal personal representative if otherwise appointed as\nrepresentative.\n\n(4) Subject to subsections (1) and (2) and to the terms of the receiver’s\nappointment, if the receiver was appointed before the death of the\nlegal practitioner associate, the receiver’s appointment, powers and\nduties are not affected by the death.\n","sortOrder":507},{"sectionNumber":"509","sectionType":"section","heading":"Ending of receiver’s appointment","content":"509 Ending of receiver’s appointment\n(1) The appointment by the Supreme Court of a receiver for a law\npractice ends in the following circumstances:\n(a) the term (if any) of the appointment ends;\n(b) a decision of the Supreme Court that the appointment be ended\ntakes effect.\n(2) The Supreme Court may, on application by the law society council or\nthe receiver made at any time, determine that the appointment be\nended immediately or with effect from a stated date.\n(3) A receiver for a law practice must apply to the Supreme Court to end\nthe appointment when the affairs of the practice have been wound up\nand ended, unless the term (if any) of the appointment has already\nended.\n(4) On application under subsection (3), the Supreme Court may make\nthe order that it considers appropriate.\n(5) The appointment of a receiver is not stayed by the making of an\napplication for ending the receiver’s appointment, and the receiver\nmay continue to exercise their functions as a receiver pending the\nSupreme Court’s decision on the application, except to the extent (if\nany) that the Supreme Court otherwise directs.\n(6) The former receiver must transfer and give the regulated property of\nthe law practice to—\n(a) another external intervener appointed for the practice, if another\nexternal intervener is appointed for the practice not later than 14\ndays after the day the former receiver’s appointment ends; or\n\n(b) someone else in accordance with arrangements approved by the\nlaw society council, if it is not practicable to transfer and give\nthe regulated property to the practice; or\n(c) the practice, if paragraphs (a) and (b) do not apply.\n(7) However, the former receiver need not transfer and give regulated\nproperty to the law practice in accordance with subsection (6) unless\nthe expenses of receivership have been paid.\n\n","sortOrder":508},{"sectionNumber":"510","sectionType":"section","heading":"Conditions on appointment of supervisor or manager","content":"510 Conditions on appointment of supervisor or manager\n(1) An appointment of an supervisor or manager for a legal practice is\nsubject to—\n(a) any conditions imposed by the relevant council; and\n(b) any conditions imposed by regulation.\n(2) The relevant council may impose conditions—\n(a) when the appointment is made; or\n(b) during the term of the appointment.\n(3) The relevant council may revoke or amend conditions imposed under\n","sortOrder":509},{"sectionNumber":"511","sectionType":"section","heading":"Conditions on appointment of receiver","content":"511 Conditions on appointment of receiver\n(1) An appointment of a receiver for a legal practice is subject to—\n(a) any conditions imposed by the Supreme Court; and\n(b) any conditions imposed by regulation.\n(2) The Supreme Court may impose conditions—\n(a) when the appointment is made; or\n(b) during the term of the appointment.\n(3) The Supreme Court may revoke or amend conditions imposed under\n\n","sortOrder":510},{"sectionNumber":"512","sectionType":"section","heading":"Status of acts of external intervener","content":"512 Status of acts of external intervener\n(1) An act done or omitted to be done by an external intervener for a law\npractice is taken to have been done or omitted to be done by the\npractice for the purposes of—\n(a) any proceeding; or\n(b) any transaction that relies on the act or omission.\n(2) This section does not subject an associate of the law practice to any\npersonal liability.\n","sortOrder":511},{"sectionNumber":"513","sectionType":"section","heading":"Eligibility for reappointment or authorisation","content":"513 Eligibility for reappointment or authorisation\nA person who has been appointed as an external intervener for a law\npractice is eligible for reappointment as an external intervener for the\npractice, whether the later appointment is made in relation to the same\nkind of external intervention or is of a different kind.\n","sortOrder":512},{"sectionNumber":"514","sectionType":"section","heading":"Appeal against appointment of supervisor or manager","content":"514 Appeal against appointment of supervisor or manager\n(1) The following people may appeal to the Supreme Court against the\nappointment of a supervisor or manager for a law practice:\n(a) the practice;\n(b) an associate of the practice;\n(c) anyone authorised to operate a trust account of the practice;\n(d) anyone else whose interests may be adversely affected by the\nappointment.\n(2) The appeal must be filed not later than 7 days after the day notice of\nthe appointment is given to—\n(a) the person who proposes to appeal; or\n(b) the law practice, if a notice is not required to be served on the\nperson who proposes to appeal.\n\n(3) The appointment of a supervisor or manager for a law practice is not\nstayed by the filing of an appeal, and the supervisor or manager may\ncontinue to exercise their functions as a supervisor or manager during\nthe appeal proceeding except to the extent that the Supreme Court\notherwise directs.\nCourt—general powers).\n","sortOrder":513},{"sectionNumber":"515","sectionType":"section","heading":"Directions of Supreme Court about external intervention","content":"515 Directions of Supreme Court about external intervention\n(1) This section applies if a supervisor, manager or receiver is appointed\nfor a law practice.\n(2) On application by—\n(a) the supervisor, manager or receiver; or\n(b) a principal of the practice; or\n(c) anyone affected by the external intervention;\nthe Supreme Court may give directions in relation to anything\naffecting the intervention or the intervener’s functions under this Act.\n","sortOrder":514},{"sectionNumber":"515A","sectionType":"section","heading":"Manager and receiver appointed for law practice","content":"515A Manager and receiver appointed for law practice\nIf a manager and receiver are appointed for a law practice, any\ndecision of the receiver prevails over any decision of the manager in\nthe exercise of their respective powers, to the extent of any\ninconsistency.\n","sortOrder":515},{"sectionNumber":"516","sectionType":"section","heading":"ADI disclosure requirements","content":"516 ADI disclosure requirements\n(1) An ADI commits an offence if—\n(a) an external intervener for a law practice produces to the ADI\n\n(b) the external intervener requires the ADI to disclose to the\nexternal intervener whether the practice, or an associate of the\npractice, keeps or has kept an account with the ADI during the\nperiod stated by the intervener; and\n(c) the ADI fails to comply with the requirement.\n(2) An ADI commits an offence if—\n(a) an account is kept with the ADI by a law practice, or an associate\nof a law practice; and\n(b) an external intervener for a law practice produces to the ADI\n(c) the external intervener requires the ADI to give the intervener\ndetails of all accounts kept with the ADI by the law practice or\nthe associate; and\n(3) An ADI commits an offence if—\n(a) an account is kept with the ADI by a law practice, or an associate\nof a law practice; and\n(b) an external intervener for a law practice produces to the ADI\n(c) the external intervener requires the ADI—\n(i) to produce for inspection or copying by the intervener, or\na nominee of the intervener, any records relating to the\naccount or money deposited in the account; or\n\n(ii) to give the intervener details of any transactions relating to\nthe account or money; and\n(4) If an external intervener for a law practice reasonably believes that\ntrust money has, without the authorisation of the person who\nentrusted the trust money to the law practice, been deposited into the\naccount of a third party who is not an associate of the practice, the\nADI at which the account is kept must, if asked by the intervener,\ndisclose to the intervener—\n(a) whether a person stated by the intervener keeps or has kept an\naccount with the ADI during the period stated by the intervener;\nand\n(b) if so, details of the account.\n(5) A request under this section may be general or limited to a particular\nkind of account.\n(6) This section applies despite any territory law, law of the\nCommonwealth or duty of confidence to the contrary.\n(7) An ADI or an officer or employee of an ADI is not liable for any loss\nor damage suffered by someone else because of the producing of\nrecords, or the giving of details, under subsection (3).\n","sortOrder":516},{"sectionNumber":"517","sectionType":"section","heading":"Fees, legal costs and expenses of external intervener","content":"517 Fees, legal costs and expenses of external intervener\n(1) An external intervener for a law practice is entitled to be paid, in\naccordance with the intervener’s appointment—\n(a) fees by way of remuneration; and\n(b) the legal costs and the expenses incurred in relation to the\nexternal intervention.\n\n(2) An account of the external intervener for fees, costs and expenses may\nbe assessed on the relevant council’s application.\n(3) The fees, costs and expenses are payable by and recoverable from the\nlaw practice.\n(4) Fees, costs and expenses not paid to the external intervener by the law\npractice are payable from the fidelity fund.\n(5) The relevant council may recover any unpaid fees, costs and expenses\nfrom the law practice.\n(6) Fees, costs and expenses paid by or recovered from the law practice\nafter they have been paid from the fidelity fund are to be paid to the\n","sortOrder":517},{"sectionNumber":"518","sectionType":"section","heading":"Reports by external intervener","content":"518 Reports by external intervener\n(1) An external intervener for a law practice must provide written reports\nin accordance with any reporting requirements to be observed by the\nintervener as stated in the intervener’s appointment.\n(2) If the appointment of the external intervener does not state any\nreporting requirements, the intervener must give—\n(a) written reports as required from time to time by the relevant\n(b) a written report to the council at the end of the appointment.\n(3) The external intervener must also keep the relevant council informed\nof the progress of the external intervention, including by giving\nreports to the council about any significant events happening or state\nof affairs existing in relation to the intervention or any of the matters\nto which the intervention relates.\n(4) This section does not affect any other reporting obligations that may\nexist in relation to the law practice.\n\n","sortOrder":518},{"sectionNumber":"519","sectionType":"section","heading":"Confidentiality by external interveners","content":"519 Confidentiality by external interveners\n(1) An external intervener for a law practice must not disclose\ninformation obtained because of the intervener’s appointment\nexcept—\n(a) so far as is necessary for exercising the intervener’s functions;\nand\n(b) as provided in subsection (2).\n(2) The external intervener may disclose information to any of the\n(a) any court, tribunal or other person acting judicially;\n(b) a regulatory authority of any jurisdiction;\n(c) any officer of, or Australian legal practitioner instructed by—\n(i) a regulatory authority of any jurisdiction; or\n(ii) any jurisdiction or the Commonwealth; or\n(iii) an authority of any jurisdiction or the Commonwealth;\nin relation to any proceeding, inquiry or other matter pending or\ncontemplated arising out of the investigation or examination;\n(d) a police officer of any jurisdiction or the Commonwealth if the\nrelevant council, investigator or external intervener believes, on\nreasonable grounds, that the information relates to an offence\nthat may have been committed by the law practice or an\nassociate of the law practice;\n(e) the law practice or a principal of the law practice or, if the\npractice is an incorporated legal practice, a shareholder in the\n(f) a client or former client of the law practice concerned, if the\ninformation relates to the client or former client;\n\n(g) another external intervener appointed in relation to the law\npractice or any Australian legal practitioner or accountant\nemployed by the other external intervener;\n(h) any other external examiner carrying out an external\nexamination of the trust records of the law practice.\n","sortOrder":519},{"sectionNumber":"519A","sectionType":"section","heading":"Provisions relating to requirements under this part","content":"519A Provisions relating to requirements under this part\n(1) This section applies to a requirement imposed on a person under this\npart to give an external intervener access to documents or\n(2) The validity of the requirement is not affected, and the person is not\nexcused from compliance with the requirement, on the ground that a\nlaw practice or Australian legal practitioner has a lien over a\nparticular document.\n(3) The external intervener imposing the requirement may—\n(a) inspect a document given to the intervener in compliance with\nthe requirement; and\n(b) make a copy of the document or part of the document; and\n(c) keep the document for the period the intervener thinks necessary\nfor the purposes of the external intervention for which it was\nproduced.\n(4) The person is not subject to any liability, claim or demand only\nbecause the person complies with the requirement.\n(5) A failure of an Australian lawyer to comply with the requirement can\n(6) The relevant council may, on its own initiative, suspend a local\npractitioner’s practising certificate while a failure by the practitioner\nto comply with the requirement continues.\n\n","sortOrder":520},{"sectionNumber":"519B","sectionType":"section","heading":"Obstruction of external intervener","content":"519B Obstruction of external intervener\n(a) the person obstructs, hinders, intimidates or resists an external\nintervener in the exercise of the intervener’s functions under this\n(b) the person knows that the external intervener is an external\nintervener.\n(2) Strict liability applies to the circumstance that the external intervener\nwas exercising a function under this Act.\n(3) This section does not apply if the person has a reasonable excuse.\n","sortOrder":521},{"sectionNumber":"520","sectionType":"section","heading":"Protection from liability—ch 5","content":"520 Protection from liability—ch 5\n(a) in the exercise of a function under this chapter; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this chapter.\n(c) an external intervener for a law practice; or\n(d) any member of the staff of an entity mentioned in this definition.\n\nPreliminary—ch 6 Part 6.1\n","sortOrder":522},{"sectionNumber":"521","sectionType":"section","heading":"Definitions—ch 6","content":"521 Definitions—ch 6\nIn this chapter:\ncomplaint investigation means the investigation of a complaint under\nchapter 4 (Complaints and discipline).\nILP compliance audit means the conduct of an audit under\ndivision 2.6.2 (Incorporated legal practices) in relation to an\ninvestigator means—\n(a) an investigator under subdivision 3.1.3.1; or\n(b) an external examiner under subdivision 3.1.3.2; or\n(c) an investigator under part 4.4; or\n(d) in relation to an audit under division 2.6.2—the law society or a\nperson appointed by the law society council to conduct the audit.\ntrust account examination means the external examination of the\ntrust records of a law practice under subdivision 3.1.3.2 (External\nexaminations).\ntrust account investigation means the investigation of the affairs of\na law practice under subdivision 3.1.3.1 (Investigations).\n","sortOrder":523},{"sectionNumber":"522","sectionType":"section","heading":"Main purpose—ch 6","content":"522 Main purpose—ch 6\nThe main purpose of this chapter is to provide powers that are\nexercisable in relation to—\n(b) trust account examinations; and\n\n(c) complaint investigations; and\n(d) ILP compliance audits.\nNote Ch 6 also applies in relation to matters under div 2.4.7 (see s 67) and\nmatters under div 2.7.7 (see s 186).\n","sortOrder":524},{"sectionNumber":"523","sectionType":"section","heading":"Privileges against self-incrimination and exposure to civil","content":"523 Privileges against self-incrimination and exposure to civil\npenalty\n(1) This section applies to a requirement made of a person under this\nchapter (other than in relation to a complaint investigation).\n(2) The person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to comply with a requirement.\nNote The Legislation Act, s 171 deals with client legal privilege.\n(3) However, any information, document or thing obtained, directly or\nindirectly, because of the giving of an answer or the production of a\ndocument is not admissible in evidence against the person in a civil\nor criminal proceeding, other than—\n(a) a proceeding for an offence against this Act or the Criminal\nCode, part 3.4 (False or misleading statements, information and\ndocuments); or\n(b) any other offence relating to the keeping of trust accounts or the\nreceipt of trust money.\n(4) A failure of an Australian lawyer to comply with the requirement can\n\nRequirements relating to documents, information and other assistance Part 6.2\n","sortOrder":525},{"sectionNumber":"Part 6","sectionType":"part","heading":"2 Requirements relating to","content":"Part 6.2 Requirements relating to\ndocuments, information and\nother assistance\n","sortOrder":526},{"sectionNumber":"524","sectionType":"section","heading":"Application—pt 6.2","content":"524 Application—pt 6.2\nThis division applies to—\n(b) trust account examinations; and\n(c) complaint investigations; and\n(d) ILP compliance audits.\n","sortOrder":527},{"sectionNumber":"525","sectionType":"section","heading":"Requirements that may be imposed for investigations,","content":"525 Requirements that may be imposed for investigations,\nexaminations and audits under pt 3.1 and pt 2.6\n(1) For carrying out a trust account investigation, trust account\nexamination or ILP compliance audit in relation to a law practice, an\ninvestigator may, on production of evidence of the investigator’s\nappointment, require the practice or an associate or former associate\nof the practice or anyone (including, for example, an ADI, auditor or\nliquidator) who has, or has had, control of documents relating to the\naffairs of the practice to give the investigator either or both of the\n(a) access to the documents relating to the affairs of the practice the\ninvestigator reasonably requires;\n(b) information relating to the affairs of the practice the investigator\n\nPart 6.2 Requirements relating to documents, information and other assistance\n(2) A person commits an offence if the person does not comply with a\nrequirement made of the person under subsection (1).\n(3) Subsection (2) does not apply if the person has a reasonable excuse.\n","sortOrder":528},{"sectionNumber":"526","sectionType":"section","heading":"Requirements that may be imposed for investigations","content":"526 Requirements that may be imposed for investigations\nunder ch 4\n(1) For carrying out a complaint investigation in relation to an Australian\nlawyer, an investigator may, by notice served on the lawyer, require\nthe lawyer to do any 1 or more of the following:\n(a) to produce, at or before a stated reasonable time and at a stated\nreasonable place, a stated document (or a copy of the document);\n(b) to produce, at a stated reasonable time and stated reasonable\nplace, a stated document (or a copy of the document);\n(c) to provide written information on or before a stated reasonable\ndate (verified in the way, if any, stated in the requirement);\n(d) to otherwise assist in, or cooperate with, the investigation of the\ncomplaint in a stated reasonable way.\nNote 1 It is an offence to make a false or misleading statement, give false or\nNote 2 For how documents may be served, see the Legislation Act, pt 19.5.\n(2) For carrying out a complaint investigation in relation to an Australian\nlawyer, the investigator may, on production of evidence of the\ninvestigator’s appointment and by written notice require an associate\nor former associate of a law practice of which the lawyer is or was an\nassociate or anyone (including, for example, an ADI, auditor or\nliquidator but not including the lawyer) who has, or has had, control\nof documents relating to the affairs of the lawyer to give the\ninvestigator either or both of the following:\n\nRequirements relating to documents, information and other assistance Part 6.2\n(a) access to the documents relating to the affairs of the lawyer the\ninvestigator reasonably requires;\n(b) information relating to the affairs of the lawyer the investigator\n(3) A person commits an offence if the person does not comply with a\nrequirement made of the person under subsection (1) or (2).\n(4) Subsection (3) does not apply if the person has a reasonable excuse.\n","sortOrder":529},{"sectionNumber":"527","sectionType":"section","heading":"Provisions relating to requirements under pt 6.2","content":"527 Provisions relating to requirements under pt 6.2\n(1) This section applies to a requirement made of a person under this part.\n(2) The validity of the requirement is not affected, and the person is not\nexcused from compliance with the requirement, on the ground that a\nlaw practice or Australian legal practitioner has a lien over a\nparticular document or class of documents.\nvalidity of or compliance with certain requirements etc) contains a similar\nprovision in relation to client legal privilege and duties of confidence.\nSection 523 (Privileges against self-incrimination and exposure to civil\npenalty) also applies to a requirement made of a person under this\nchapter.\n(3) The investigator imposing the requirement may—\n(a) inspect any document provided under the requirement; and\n(b) make copies of the document or any part of the document; and\n(c) keep the document for a period the investigator considers\nnecessary for the purposes of the investigation in relation to\nwhich it was produced.\n\nPart 6.2 Requirements relating to documents, information and other assistance\n(4) The person is not subject to any liability, claim or demand only\nbecause of compliance with the requirement.\n(5) A failure of an Australian lawyer to comply with the requirement can\n(6) The relevant council may suspend a local practitioner’s local\npractising certificate while a failure by the practitioner to comply with\nthe requirement continues.\n\nPreliminary—pt 6.3 Division 6.3.1\n","sortOrder":530},{"sectionNumber":"Div 6","sectionType":"division","heading":"3.1 Preliminary—pt 6.3","content":"Division 6.3.1 Preliminary—pt 6.3\n","sortOrder":531},{"sectionNumber":"528","sectionType":"section","heading":"Application—pt 6.3","content":"528 Application—pt 6.3\n(1) This division applies to—\n(b) complaint investigations.\n(2) This division does not apply to—\n(a) trust account examinations; or\n(b) ILP compliance audits.\n","sortOrder":532},{"sectionNumber":"529","sectionType":"section","heading":"Definitions—pt 6.3","content":"529 Definitions—pt 6.3\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\ndata includes—\n(a) information in any form; and\n(b) a program (or part of a program).\ndata storage device means a thing containing, or designed to contain,\ndata for use by a computer.\n\noccupier, of premises, includes—\n(a) a person believed, on reasonable grounds, to be an occupier of\nthe premises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nperson assisting, in relation to a search warrant, means a person who\nhas been authorised by an investigator to assist in executing the\nsearch warrant means a warrant issued under division 6.3.3 (Search\nwarrants) that is in force.\n","sortOrder":533},{"sectionNumber":"530","sectionType":"section","heading":"Power to enter premises","content":"530 Power to enter premises\n(1) For this Act, an investigator may, in relation to a trust account\ninvestigation—\n(a) enter premises of the law practice whose affairs are being\ninvestigated, or any other premises where the investigator\nsuspects, on reasonable grounds, that the trust records of the law\npractice required to be kept under this Act are being kept—\n(i) at any reasonable time; or\n(ii) at any time, with the occupier’s consent; or\n(b) enter premises in accordance with a search warrant; or\n(c) at any time, without the consent of the occupier and without a\nwarrant, enter premises if the investigator believes, on\nreasonable grounds, that it is urgently necessary to prevent the\ndestruction of or interference with relevant material.\n\nPowers of investigators Division 6.3.2\n(2) For this Act, an investigator may, in relation to a complaint\ninvestigation—\n(a) at any time, enter premises with the occupier’s consent; or\n(b) enter premises in accordance with a search warrant.\n(3) However, subsection (1) (a) does not authorise entry into a part of\npremises that is being used only for residential purposes.\n(4) An investigator must not enter premises under subsection (1) (c)\nunless the relevant council has authorised the investigator (orally or\nin writing) to enter the premises without consent and without a\n(5) An authorisation under subsection (4) may be subject to conditions\nstated by the relevant council.\nNote The law society council may give an investigator a written notice stating\nconditions of appointment during the term of the investigator’s\nappointment (see s 234 (3) (b)).\n(6) An investigator may, without the consent of the occupier of premises,\nenter land around the premises to ask for consent to enter the\n(7) To remove any doubt, an investigator may enter premises under\nsubsection (1) or (2) without payment of an entry fee or other charge.\n","sortOrder":534},{"sectionNumber":"531","sectionType":"section","heading":"Consent to entry","content":"531 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter\npremises under section 530 (1) or (2) an investigator must—\n(a) produce evidence of the investigator’s appointment; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n\n(iii) that consent may be refused.\n(2) If the occupier consents, the investigator must ask the occupier to sign\na written acknowledgment (an acknowledgment of consent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the investigator\nmust immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the investigator under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent for the entry is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":535},{"sectionNumber":"532","sectionType":"section","heading":"General powers on entry to premises","content":"532 General powers on entry to premises\n(1) An investigator who enters premises under this part may, for this Act,\ndo 1 or more of the following in relation to the premises or anything\nat the premises:\n(a) inspect or examine;\n(b) take photographs, films, or audio, video or other recordings;\n\nPowers of investigators Division 6.3.2\n(c) require the occupier, or anyone at the premises, to give the\ninvestigator reasonable help to exercise a power under this part.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (c).\n","sortOrder":536},{"sectionNumber":"533","sectionType":"section","heading":"Power to require name and address","content":"533 Power to require name and address\n(1) An investigator may require a person to state the person’s name and\nhome address if the investigator believes, on reasonable grounds, that\nthe person is committing or has just committed an offence against this\nAct.\n(2) The investigator must tell the person the reason for the requirement\nand, as soon as practicable, record the reason.\n(3) The person may ask the investigator to produce evidence of the\ninvestigator’s appointment for inspection by the person.\n(4) A person must comply with a requirement made of the person under\nsubsection (1) if the investigator—\n(a) tells the person the reason for the requirement; and\n(b) complies with any request made by the person under subsection\n(3).\nMaximum penalty: 10 penalty units.\n(5) An offence against this section is a strict liability offence.\n\n","sortOrder":537},{"sectionNumber":"534","sectionType":"section","heading":"Power to seize things","content":"534 Power to seize things\n(1) An investigator who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the investigator is satisfied, on reasonable grounds, that the thing\nis connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An investigator who enters premises under a warrant under this part\nmay seize anything at the premises that the investigator is authorised\nto seize under the warrant.\n(3) An investigator who enters premises under this part (whether with the\noccupier’s consent, under a warrant or otherwise) may seize anything\nat the premises if satisfied, on reasonable grounds, that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Having seized a thing, an investigator may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(5) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (4); and\n\n(b) the person does not have an investigator’s approval to interfere\nwith the thing.\n(6) An offence against this section is a strict liability offence.\n","sortOrder":538},{"sectionNumber":"535","sectionType":"section","heading":"Warrants generally","content":"535 Warrants generally\n(1) An investigator may apply to a magistrate for a warrant to enter\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninvestigator gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(5) The warrant must state—\n(a) that an investigator may, with any necessary assistance and\nforce, enter the premises and exercise the investigator’s powers\nunder this part; and\n(b) the offence for which the warrant is issued; and\n\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the day of the warrant’s issue, the\nwarrant ends.\n","sortOrder":539},{"sectionNumber":"536","sectionType":"section","heading":"Warrants—application made other than in person","content":"536 Warrants—application made other than in person\n(1) An investigator may apply for a warrant by phone, fax, radio or other\nform of communication if the investigator considers it necessary\nbecause of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the investigator must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The investigator may apply for the warrant before the application is\nsworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the investigator if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the investigator—\n(a) the magistrate must tell the investigator—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) the investigator must complete a form of warrant (the warrant\nform) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the investigator, authorises the entry and the exercise\nof the investigator’s powers under this part.\n(7) The investigator must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the sworn application; and\n(b) if the investigator completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents, the magistrate must attach them to the\n(9) A court must find that a power exercised by the investigator was not\nauthorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":540},{"sectionNumber":"537","sectionType":"section","heading":"Search warrants—announcement before entry","content":"537 Search warrants—announcement before entry\n(1) An investigator must, before anyone enters premises under a search\nwarrant—\n(a) announce that the investigator is authorised to enter the\npremises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n\n(2) The investigator is not required to comply with subsection (1) if the\ninvestigator believes, on reasonable grounds, that immediate entry to\nthe premises is required to ensure—\n(a) the safety of anyone (including the investigator or any person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":541},{"sectionNumber":"538","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"538 Details of search warrant to be given to occupier etc\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the investigator or a person assisting must\nmake available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":542},{"sectionNumber":"539","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"539 Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\n","sortOrder":543},{"sectionNumber":"540","sectionType":"section","heading":"Use of electronic equipment at premises","content":"540 Use of electronic equipment at premises\n(1) An investigator or a person assisting may operate electronic\nequipment at premises entered under a search warrant to access data\n(including data not held at the premises) if the investigator or person\nbelieves, on reasonable grounds, that—\n(a) the data might be something to which the warrant relates; and\n(b) the equipment can be operated without damaging the data.\n(2) If the investigator or person assisting believes, on reasonable grounds,\nthat any data accessed by operating the electronic equipment might\nbe something to which the warrant relates, the investigator or person\nmay—\n(a) copy the data to a data storage device brought to the premises;\nor\n(b) if a person in charge of the premises agrees in writing—copy the\ndata to a data storage device at the premises.\n(3) The investigator or person assisting may take the device from the\n(4) The investigator or person assisting may do the following things if\nthe investigator or person finds that anything to which the warrant\nrelates (the material) is accessible using the equipment:\n(a) seize the equipment and any data storage device;\n(b) if the material can, by using facilities at the premises, be put in\ndocumentary form—operate the facilities to put the material in\nthat form and seize the documents produced.\n(5) An investigator may seize equipment under subsection (4) (a) only\nif—\n(a) it is not practicable to copy the data as mentioned in\nsubsection (2) or to put the material in documentary form as\nmentioned in subsection (4) (b); or\n\n(b) possession of the equipment by a person in charge of the\npremises or someone else could be an offence.\n","sortOrder":544},{"sectionNumber":"541","sectionType":"section","heading":"Person with knowledge of computer or computer system","content":"541 Person with knowledge of computer or computer system\nto assist access etc\n(1) An investigator may apply to a magistrate for an order requiring a\nstated person to provide any information or assistance that is\nreasonably necessary to allow the investigator or a person assisting to\ndo 1 or more of the following:\n(a) access data held in or accessible from a computer that is at the\npremises;\n(b) copy the data to a data storage device;\n(c) convert the data into documentary form.\n(2) The magistrate may make an order if satisfied that—\n(a) there are reasonable grounds for suspecting that something to\nwhich the warrant relates is accessible from the computer; and\n(b) the stated person is—\n(i) reasonably suspected of possessing, or having under the\nperson’s control, something to which the warrant relates;\nor\n(ii) the owner or lessee of the computer; or\n(iii) an employee or agent of the owner or lessee of the\ncomputer; and\n(c) the stated person has knowledge of—\n(i) the computer or a computer network of which the computer\nforms a part; or\n(ii) measures applied to protect data held in or accessible from\nthe computer.\n\n(3) A person commits an offence if the person contravenes an order under\n(4) The provisions of this chapter relating to the issue of search warrants\napply, with any necessary changes, to the making of an order under\n","sortOrder":545},{"sectionNumber":"542","sectionType":"section","heading":"Securing electronic equipment","content":"542 Securing electronic equipment\n(1) This section applies if the investigator or a person assisting believes,\non reasonable grounds, that—\n(a) something to which the warrant relates (the material) may be\naccessible by operating electronic equipment at the premises;\nand\n(b) expert assistance is required to operate the equipment; and\n(c) the material may be destroyed, altered or otherwise interfered\nwith if the investigator or person does not take action.\n(2) The investigator or person may do whatever is necessary to secure the\nequipment, whether by locking it up, placing a guard or otherwise.\n(3) The investigator or a person assisting must give written notice to a\nperson in charge of the premises of—\n(a) the investigator’s or person’s intention to secure the equipment;\nand\n(b) the fact that the equipment may be secured for up to 24 hours.\n(4) Equipment may be secured until the earlier of the following events\nhappens:\n(a) the end of the 24-hour period;\n(b) the equipment is operated by the expert.\n\n(5) If the investigator or a person assisting believes, on reasonable\ngrounds, that the expert assistance will not be available within the 24-\nhour period, the investigator or person may apply to a magistrate to\nextend the period.\n(6) The investigator or a person assisting must tell a person in charge of\nthe premises of the intention to apply for an extension, and the person\nis entitled to be heard on the application.\n(7) The provisions of this chapter relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\n","sortOrder":546},{"sectionNumber":"543","sectionType":"section","heading":"Copies of seized things to be provided","content":"543 Copies of seized things to be provided\n(a) a person in charge of premises, or someone else who apparently\nrepresents the person, is present at the premises while a search\nwarrant is executed; and\n(b) the investigator seizes—\n(i) a document, film, computer file or something else that can\nbe readily copied; or\n(ii) a data storage device containing information that can be\nreadily copied.\n(2) The person in charge or other person may ask the investigator to give\nthe person a copy of the thing or information.\n(3) The investigator must give the person the copy as soon as practicable\nafter the seizure.\n(4) However, the investigator is not required to give the copy if—\n(a) the thing was seized under section 540 (Use of electronic\nequipment at premises); or\n\nReturn and forfeiture of things seized Division 6.3.4\n(b) possession of the thing or information by a person in charge of\nthe premises or someone else would be an offence.\n","sortOrder":547},{"sectionNumber":"544","sectionType":"section","heading":"Receipt for things seized","content":"544 Receipt for things seized\n(1) As soon as practicable after an investigator seizes a thing under this\npart, the investigator must give a receipt for it to the person from\nwhom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe investigator must leave the receipt, secured conspicuously, at the\nplace of seizure under section 534 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the investigator’s name, and how to contact the investigator;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":548},{"sectionNumber":"545","sectionType":"section","heading":"Moving things to another place for examination or","content":"545 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for no longer than 72 hours.\n(3) An investigator may apply to a magistrate for an extension of time if\nthe investigator believes, on reasonable grounds, that the thing cannot\nbe examined or processed within 72 hours.\n(4) The investigator must give notice of the application to the occupier of\nthe premises, and the occupier is entitled to be heard on the\n(5) If a thing is moved to another place under this section, the investigator\nmust, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand the time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\n","sortOrder":549},{"sectionNumber":"546","sectionType":"section","heading":"Access to things seized","content":"546 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\nMiscellaneous—pt 6.3 Division 6.3.5\n","sortOrder":550},{"sectionNumber":"547","sectionType":"section","heading":"Return of things seized","content":"547 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid by the relevant council to the\nowner for the loss of the thing if either—\n(a) a prosecution for an offence relating to the thing is not started\nwithin the 1-year period; or\n(b) a prosecution for an offence relating to the thing is started within\nthe 1-year period but the court does not find the offence proved.\n(2) If anything seized under this part is not required to be returned or\nreasonable compensation is not required to be paid under\nsubsection (1), the thing—\n(a) is forfeited to the relevant council; and\n(b) may be sold, destroyed or otherwise disposed of as the council\ndirects.\n","sortOrder":551},{"sectionNumber":"548","sectionType":"section","heading":"Damage etc to be minimised","content":"548 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\ninvestigator must take all reasonable steps to ensure that the\ninvestigator, and anyone assisting the investigator, causes as little\ninconvenience, detriment and damage as practicable.\n(2) If an investigator, or a person assisting an investigator, damages\nanything in the exercise or purported exercise of a function under this\npart, the investigator must give written notice of the particulars of the\ndamage to the person the investigator believes, on reasonable\ngrounds, is the owner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n\n","sortOrder":552},{"sectionNumber":"549","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"549 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the relevant council if the\nperson suffers loss or damage because of conduct of an investigator—\n(a) in the exercise or purported exercise of a function under this\npart; and\n(b) that is unlawful or unreasonable.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\nconduct means an act or omission to do an act.\n\nAdditional powers in relation to incorporated legal practices Part 6.4\nPart 6.4 Additional powers in relation to\n","sortOrder":553},{"sectionNumber":"550","sectionType":"section","heading":"Application—pt 6.4","content":"550 Application—pt 6.4\n(1) This part applies to—\n(b) complaint investigations; and\n(c) ILP compliance audits;\nconducted in relation to incorporated legal practices.\n(2) The provisions of this part are additional to the other provisions of\n","sortOrder":554},{"sectionNumber":"551","sectionType":"section","heading":"Investigative powers relating to investigations and audits","content":"551 Investigative powers relating to investigations and audits\nAn investigator conducting an investigation or audit to which this part\napplies may exercise the powers set out in this part.\n","sortOrder":555},{"sectionNumber":"552","sectionType":"section","heading":"Examination of people under pt 6.4","content":"552 Examination of people under pt 6.4\n(1) The investigator, by force of this section, has and may exercise the\nsame powers as the powers given to the Australian Securities and\nInvestments Commission by the Australian Securities and\nInvestments Commission Act 2001 (Cwlth), part 3, division 2.\n(2) The Australian Securities and Investments Commission Act 2001\n(Cwlth), part 3, division 2 applies to the exercise of those powers,\nwith the following changes (and any changes prescribed by regulation\nand any other necessary changes):\n\nPart 6.4 Additional powers in relation to incorporated legal practices\n(b) a reference to a matter that is being or is to be investigated under\nthat Act, part 3, division 1 is taken to be a reference to a matter\nthat is being or is to be investigated, examined or audited by the\ninvestigator;\n(c) a reference in that Act, section 19 to a person is taken to be a\nreference to an Australian legal practitioner or an incorporated\nlegal practice;\n(d) a reference to a prescribed form is taken to be a reference to a\nform approved under this Act.\n(3) The Australian Securities and Investments Commission Act 2001\n(Cwlth), section 22 (2) and (3), section 25 (2) and (2A), sections 26\nand 27 do not apply in relation to the exercise of the powers given by\n","sortOrder":556},{"sectionNumber":"553","sectionType":"section","heading":"Inspection of books under pt 6.4","content":"553 Inspection of books under pt 6.4\n(1) The investigator, by force of this section, has and may exercise the\nsame powers as the powers given to the Australian Securities and\nInvestments Commission by the Australian Securities and\nInvestments Commission Act 2001 (Cwlth), section 30 (1), section 34\nand sections 37 to 39.\n(2) Those provisions apply to the exercise of those powers, with the\nfollowing changes (and any changes prescribed by regulation and any\nother necessary changes):\n(b) a reference to a body corporate (including a body corporate that\nis not an exempt public authority) is taken to be a reference to\nan incorporated legal practice;\n\nAdditional powers in relation to incorporated legal practices Part 6.4\n(c) a reference to an eligible person in relation to an incorporated\nlegal practice is taken to be a reference to an officer or employee\nof the incorporated legal practice;\n(d) a reference to a member or staff member is taken to be a\nreference to the law society council or a person authorised by\nthe council who is an officer or employee of the law society;\n(e) a reference in that Act, section 37 to a proceeding is taken to be\na reference to an investigation, examination or audit to which\nthis part applies.\n","sortOrder":557},{"sectionNumber":"554","sectionType":"section","heading":"Power to hold hearings under pt 6.4","content":"554 Power to hold hearings under pt 6.4\n(1) The law society council or an investigator may hold hearings for the\npurposes of an investigation, examination or audit to which this part\n(2) The Australian Securities and Investments Commission Act 2001\n(Cwlth), section 52, section 56 (1), section 58, section 59 (1), (2), (5),\n(6) and (8) and section 60 (except paragraph (b)) apply to a hearing,\nwith the following changes (and any changes prescribed by regulation\nand any other necessary changes):\n(b) a reference to a member or staff member is taken to be a\nreference to the law society council or a person authorised by\nthe council who is an officer or employee of the law society;\n(c) a reference to a prescribed form is taken to be a reference to a\nform approved by the law society council under section 587.\n\nPart 6.4 Additional powers in relation to incorporated legal practices\n","sortOrder":558},{"sectionNumber":"555","sectionType":"section","heading":"Failure to comply with investigation under pt 6.4","content":"555 Failure to comply with investigation under pt 6.4\nThe following acts or omissions can be unsatisfactory professional\nconduct or professional misconduct:\n(a) a failure by an Australian legal practitioner to comply with any\nrequirement made by the law society council or investigator, or\na person authorised by the council or investigator, in the exercise\nof powers given by this part;\n(b) a contravention by an Australian legal practitioner of any\ncondition imposed by the law society council or investigator in\nthe exercise of powers given by this part;\n(c) a failure by a legal practitioner director of an incorporated legal\npractice to ensure that the incorporated legal practice, or any\nofficer or employee of the incorporated legal practice, complies\nwith any of the following:\n(i) any requirement made by the law society council or\ninvestigator, or a person authorised by the council or\ninvestigator, in the exercise of powers given by this part;\n(ii) any condition imposed by the law society council or\ninvestigator in the exercise of powers given by this part.\n\nMiscellaneous—ch 6 Part 6.5\n","sortOrder":559},{"sectionNumber":"555A","sectionType":"section","heading":"Obstruction of investigator","content":"555A Obstruction of investigator\n(a) the person obstructs, hinders, intimidates or resists an\ninvestigator in the exercise of the investigator’s functions under\nthis Act; and\n(b) the person knows that the investigator is an investigator.\n(2) Strict liability applies to the circumstance that the investigator was\nexercising a function under this Act.\n(3) This section does not apply if the person has a reasonable excuse.\n","sortOrder":560},{"sectionNumber":"556","sectionType":"section","heading":"Additional obligations of Australian lawyers","content":"556 Additional obligations of Australian lawyers\n(1) The duties imposed on an Australian lawyer by this section are\nadditional to obligations imposed under other provisions of this\nchapter, whether or not the lawyer is the subject of the investigation,\nexamination or audit concerned.\n(2) An Australian lawyer must not mislead an investigator or the relevant\ncouncil in the exercise of—\n(a) any function under this part; or\n(b) any function under a provision of a corresponding law that\ncorresponds to this part.\n(3) An Australian lawyer who is subject to—\n(a) a requirement under section 526 (Requirements that may be\nimposed for investigations under ch 4); or\n\n(b) a requirement under provisions of a corresponding law that\ncorrespond to that section;\nmust not, without reasonable excuse, fail to comply with the\nrequirement.\n","sortOrder":561},{"sectionNumber":"557","sectionType":"section","heading":"Permitted disclosure of confidential information—ch 6","content":"557 Permitted disclosure of confidential information—ch 6\n(1) The relevant council or an investigator may disclose information\nobtained in the course of a trust account investigation, trust account\nexamination, complaint investigation or ILP compliance audit to any\nof the following:\n(a) any court, tribunal or other entity acting judicially;\n(b) the relevant council or any other entity regulating legal\npractitioners in any jurisdiction;\n(c) any officer of or Australian legal practitioner instructed by—\n(i) the relevant council or any other entity regulating legal\npractitioners in any jurisdiction; or\n(ii) the Territory, the Commonwealth, a State or another\nTerritory; or\n(iii) an authority of the Territory, the Commonwealth, a State\nor another Territory;\nin relation to any proceeding, inquiry or other matter pending or\ncontemplated arising out of the investigation, examination or\naudit;\n(d) an investigative or prosecuting authority established under\nlegislation (for example, the Australian Securities and\nInvestments Commission);\n\nMiscellaneous—ch 6 Part 6.5\n(e) a police officer if the relevant council or investigator is\nreasonably satisfied the information relates to an offence that\nmay have been committed by—\n(i) if a law practice is the subject of the investigation,\nexamination or audit—the law practice or an associate or\nformer associate of the law practice; or\n(ii) if an Australian lawyer is the subject of the investigation,\nexamination or audit—the lawyer or an associate or former\nassociate of the law practice of which the lawyer is or was\nan associate;\n(f) if the subject of the investigation, examination or audit is or\nwas—\n(i) a law practice—a principal of the law practice; or\n(ii) an incorporated legal practice—a director or shareholder in\nthe practice; or\n(iii) an Australian lawyer—the lawyer or a principal of the law\npractice of which the lawyer is or was an associate;\n(g) if the subject of the investigation, examination or audit is or\nwas—\n(i) a law practice—a client or former client of the practice; or\n(ii) an Australian lawyer—a client or former client of the law\npractice of which the lawyer is or was an associate;\nbut only if the information relates to the client or former client;\n(h) if the subject of the investigation, examination or audit is or\nwas—\n(i) a law practice—a supervisor, manager or receiver\nappointed in relation to the law practice; or\n\n(ii) an Australian lawyer—a supervisor, manager or receiver\nappointed in relation to the law practice of which the\nlawyer is or was an associate;\nor an Australian legal practitioner or accountant employed by\nthe supervisor, manager or receiver;\n(i) an investigator carrying out another investigation, examination\nor audit in relation to the law practice or Australian lawyer who\nis or was the subject of the investigation, examination or audit.\n(2) No liability (including liability in defamation) is incurred by a\nprotected person in relation to anything done or omitted to be done\nhonestly for the purpose of disclosing information under this section.\n(c) an investigator; or\n(d) a member of the staff of any entity mentioned in this definition;\nor\n(e) a person acting at the direction of any entity mentioned in this\n\nAdmissions board Chapter 7\n","sortOrder":562},{"sectionNumber":"558","sectionType":"section","heading":"Admissions board","content":"558 Admissions board\n(1) The Legal Practitioners Admissions Board (the admissions board) is\nestablished.\n(2) The admissions board consists of 5 lawyers including 2 barristers.\n(3) The Chief Justice must appoint the members of the admissions board.\nNote For the making of appointments (including acting appointments), see the\n(4) Subject to section 559, the appointment of a member of the\nadmissions board ends on the 31 December after the day the\nappointment commences.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(5) The registrar, or a public servant approved by the Chief Justice, is the\nsecretary to the admissions board.\n","sortOrder":563},{"sectionNumber":"559","sectionType":"section","heading":"Ending appointments of members","content":"559 Ending appointments of members\n(1) The Supreme Court may, on the application of the Attorney-General,\nend the appointment of a member of the admissions board—\n(a) for misbehaviour; or\n(b) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\n(2) The Supreme Court may end the appointment of a member of the\nadmissions board—\n(a) if the member contravenes a territory law; or\n\n(b) for misbehaviour; or\n(c) if the member becomes bankrupt or executes a personal\ninsolvency agreement; or\n(d) if the member is convicted, or found guilty, in Australia of an\noffence punishable by imprisonment for at least 1 year; or\n(e) if the member is convicted, or found guilty, outside Australia of\nan offence that, if it had been committed in the ACT, would be\npunishable by imprisonment for at least 1 year; or\n(f) if the member fails to take all reasonable steps to avoid being\nplaced in a position where a conflict of interest arises during the\nexercise of the member’s functions; or\n(g) if the member stops being a lawyer; or\n(h) if the member is absent from 3 consecutive meetings of the\nadmissions board except on leave given by the board.\n(3) The Supreme Court may also end the appointment of the member if\nthe board tells the Supreme Court in writing that it has resolved, by a\nmajority of at least 2/3 of the members, to recommend that the\nmember’s appointment be ended.\n(4) The admissions board may pass a resolution mentioned in\nsubsection (3) in relation to the member only if—\n(a) at least 3 weeks written notice of the intention to consider the\nproposed resolution has been given to the member; and\n(b) the member has been given an opportunity to make submissions\nand present documents to a meeting of the board; and\n\nAdmissions board Chapter 7\n(c) if the member has used the opportunity mentioned in\nparagraph (b)—a summary of the member’s submissions is\nrecorded in the minutes of the board and a copy of any\ndocuments presented is included in the minutes.\n","sortOrder":564},{"sectionNumber":"560","sectionType":"section","heading":"Chair of admissions board","content":"560 Chair of admissions board\nThe members of the admissions board must elect a chair for the board.\n","sortOrder":565},{"sectionNumber":"561","sectionType":"section","heading":"Meetings of admissions board","content":"561 Meetings of admissions board\n(1) Meetings of the admissions board are to be held when and where it\ndecides.\n(2) Business may be carried on at a meeting of the admissions board only\nif at least 3 members are present.\n(3) The chair presides at all meetings at which the chair is present.\n(4) If the chair is absent, the member chosen by the members present\npresides.\n","sortOrder":566},{"sectionNumber":"562","sectionType":"section","heading":"Protection of members from liability","content":"562 Protection of members from liability\n(1) A member of the admissions board is not civilly liable for anything\ndone or omitted to be done honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\n(2) Any liability that would, apart from this section, attach to a member\nattaches instead to the Territory.\n\n","sortOrder":567},{"sectionNumber":"575","sectionType":"section","heading":"Functions of bar council","content":"575 Functions of bar council\n(1) The bar council has the following functions:\n(a) to take any step it considers necessary or proper for or in relation\nto the investigation under this Act of any question about—\n(i) the conduct of a barrister; or\n(ii) the conduct of anyone who is or was employed by a\nbarrister in relation to the barrister’s practice as a barrister;\nor\n(iii) conduct that is, or may be, a contravention of part 2.2\n(Reservation of legal work and legal titles); or\n(iv) conduct that is, or may be, a contravention of part 2.7\n(Legal practice—foreign lawyers);\n(b) to appear by barrister or solicitor before, and be heard by, the\nSupreme Court in the exercise of a function of the Supreme\nCourt under this Act or otherwise in relation to a barrister or\nlocally-registered foreign lawyer registered by the bar council;\n(c) to start proceedings for breaches of provisions of this Act;\n(d) to appear by barrister or solicitor before, and be heard by, any\ncourt in any matter affecting the bar association or its members\nor in which the bar association is concerned or interested;\n(e) to recover as a debt owing to the bar association any amount\npayable to the bar association under this Act;\n\nBar council Part 8.1\n(f) any other function given to the bar council under this Act or any\nother territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(2) The bar council may delegate the council’s functions under this Act\nto—\n(a) a committee of the council; or\n(b) a member of the staff of the bar association.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(3) In this section, a reference to a barrister (other than for the bar council\nappearing before or being heard by a court) is a reference to—\n(a) an Australian legal practitioner to whom chapter 4 (Complaints\nand discipline) applies and who is, or was, the holder of a\nbarrister practising certificate; or\n(b) an Australian-registered foreign lawyer to whom chapter 4\napplies and who is, or was, the holder of a barrister practising\n\n","sortOrder":568},{"sectionNumber":"Part 8","sectionType":"part","heading":"2 Law society and law society","content":"Part 8.2 Law society and law society\n","sortOrder":569},{"sectionNumber":"576","sectionType":"section","heading":"Establishment of law society","content":"576 Establishment of law society\n(1) The Law Society of the Australian Capital Territory is established.\n(2) The law society—\n(a) is a corporation; and\n(b) may sue and be sued in its corporate name; and\n(c) may have a seal.\n(3) The law society has the legal capacity and powers of an individual\nboth in and outside the ACT (including outside Australia).\nExamples\n1 to enter into a contract\n2 to own, deal with and dispose of property\n3 to act as trustee\n(4) The constitution of the law society is, subject to this Act, the\nconstitution of the law society as in force immediately before the\ncommencement of this section.\n(5) An amendment of the constitution of the law society does not take\neffect unless it is approved by the Attorney-General.\n(6) An amendment of the constitution of the law society that is approved\nby the Attorney-General takes effect—\n(a) if the amendment states a day when it is to take effect that is not\nearlier than the day after the day the Attorney-General approves\nthe amendment—at the beginning of the day stated; and\n(b) in any other case—at the beginning of the day after the day the\nAttorney-General approves the amendment.\n\nLaw society and law society council Part 8.2\n(7) A person is not entitled to be a member of the law society unless the\nperson’s name is on the roll of legal practitioners.\n(8) A person who holds a practising certificate is entitled, on application\nto the law society, to be admitted to membership of the society\nwithout paying a fee for admission.\n(9) A member of the law society is not, while the member holds a\npractising certificate, liable to pay to the society any annual\nsubscription to the society’s funds.\n","sortOrder":570},{"sectionNumber":"577","sectionType":"section","heading":"Functions of law society council","content":"577 Functions of law society council\n(1) In addition to its other functions, the law society council has the\nfollowing functions:\n(a) to take any step it considers necessary or proper for or in relation\nto the investigation under this Act of any question about—\n(i) the conduct of a solicitor; or\n(ii) the conduct of anyone who is or was employed by a\nsolicitor in relation to the solicitor’s practice as a solicitor;\nor\n(iii) conduct that is, or may be, a contravention of part 2.2\n(Reservation of legal work and legal titles); or\n(iv) conduct that is, or may be, a contravention of part 2.7\n(Legal practice—foreign lawyers);\n(b) to appear by barrister or solicitor before, and be heard by, the\nSupreme Court in the exercise of a function of the Supreme\nCourt under this Act or otherwise in relation to a solicitor or\nlocally-registered foreign lawyer registered by the law society\ncouncil;\n(c) to start proceedings for breaches of provisions of this Act;\n\n(d) to appear by barrister or solicitor before, and be heard by, any\ncourt in any matter affecting the law society or its members or\nin which the law society is concerned or interested;\n(e) to recover as a debt owing to the law society any amount payable\nto the law society under this Act;\n(f) to distribute information to increase public awareness of the\nrequirements of this Act and the Corporations Act in relation to\nsolicitors who negotiate the making of or act in relation to\nregulated mortgages within the meaning of part 3.5 (Mortgage\npractices and managed investment schemes) or are involved in\nmanaged investment schemes;\n(g) to exercise any other function given to the law society council\nunder this Act or any other territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(2) The law society council may delegate the council’s functions under\nthis Act to—\n(a) a committee of the council; or\n(b) to a member of the staff of the law society.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(3) In this section, a reference to a solicitor (other than for the law society\ncouncil appearing before or being heard by a court) is a reference to—\n(a) an Australian legal practitioner to whom chapter 4 (Complaints\nand discipline) applies and who is not, or was not, the holder of\na barrister practising certificate; or\n(b) an Australian-registered foreign lawyer to whom chapter 4\napplies and who is not, or was not, the holder of a barrister\n\nPreliminary Division 8.3.1\n","sortOrder":571},{"sectionNumber":"Div 8","sectionType":"division","heading":"3.1 Preliminary","content":"Division 8.3.1 Preliminary\n","sortOrder":572},{"sectionNumber":"578","sectionType":"section","heading":"Purpose—pt 8.3","content":"578 Purpose—pt 8.3\nThe purpose of this part is to promote the maintenance of high\nstandards of professional conduct by Australian legal practitioners\nand Australian-registered foreign lawyers by providing for the\nmaking and enforcement of rules of professional conduct that apply\nto them when they practise in the ACT.\nDivision 8.3.2 Rules for Australian legal\npractitioners and\n","sortOrder":573},{"sectionNumber":"579","sectionType":"section","heading":"Rules for barristers","content":"579 Rules for barristers\n(1) The bar council may make rules for or in relation to practice as a\nbarrister.\n(2) The bar council may make rules for or in relation to practice as an\nAustralian-registered foreign lawyer.\n","sortOrder":574},{"sectionNumber":"580","sectionType":"section","heading":"Rules for solicitors","content":"580 Rules for solicitors\n(1) The law society council may make rules for or in relation to practice\nas a solicitor.\n(2) The law society council may make rules for or in relation to practice\nas an Australian-registered foreign lawyer.\n","sortOrder":575},{"sectionNumber":"581","sectionType":"section","heading":"Joint rules for Australian legal practitioners","content":"581 Joint rules for Australian legal practitioners\n(1) The bar council and the law society council may jointly make rules\n(joint rules) for or in relation to any matter about which they may\nseparately make rules.\n\nDivision 8.3.2 Rules for Australian legal practitioners and Australian-registered foreign\n(2) A joint rule may, but need not, apply in the same way to both\nbarristers and solicitors.\n(3) Joint rules prevail, to the extent of any inconsistency, over legal\nprofession rules made separately by the bar council or law society\ncouncil (whether made before or after the joint rules).\n","sortOrder":576},{"sectionNumber":"582","sectionType":"section","heading":"Subject matter of legal profession rules","content":"582 Subject matter of legal profession rules\nLegal profession rules for Australian legal practitioners or Australian-\nregistered foreign lawyers may make provision in relation to any\naspect of legal practice, including standards of conduct expected of\npractitioners or lawyers to whom the rules apply.\n","sortOrder":577},{"sectionNumber":"583","sectionType":"section","heading":"Public notice of proposed legal profession rules","content":"583 Public notice of proposed legal profession rules\n(1) The council or councils proposing to make a legal profession rule\nunder this division must give public notice—\n(a) explaining the object of the proposed rule; and\n(b) advising where or how a copy of the proposed rule may be\naccessed, obtained or inspected; and\n(c) inviting comments and submissions within a stated period of not\nless than 21 days after the date of first publication of the notice.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(2) The council or councils must ensure that a copy of the proposed rule\nis given to the Attorney-General before the notice is published.\n(3) The council or councils must not make the rule before the end of the\nperiod stated in the notice for making comments and submissions and\nmust ensure that any comments and submissions received within that\nperiod are appropriately considered.\n\nRules for incorporated legal practices and multidisciplinary partnerships Division 8.3.3\n(4) However, the council or councils may make the rule before the end\nof the period stated in the notice for making comments and\nsubmissions if—\n(a) in the opinion of the council or councils, the urgency of the case\njustifies immediate action; and\n(b) the notice indicates that opinion and that immediate action is to\nbe taken.\n(5) Subsections (1) to (4) do not apply to a proposed rule that in the\nopinion of the council or councils does not justify publication because\nof its minor or technical nature.\nDivision 8.3.3 Rules for incorporated legal practices\nand multidisciplinary partnerships\n","sortOrder":578},{"sectionNumber":"584","sectionType":"section","heading":"Rules for incorporated legal practices and multidisciplinary","content":"584 Rules for incorporated legal practices and multidisciplinary\n(1) The law society council may make rules for or in relation to the\nfollowing matters:\n(a) the provision of legal services by or in relation to incorporated\nlegal practices or multidisciplinary partnerships, and in\nparticular the provision of legal services by—\n(i) officers or employees of incorporated legal practices; or\n(ii) partners or employees of multidisciplinary partnerships;\n(b) the provision of services that are not legal services by or in\nrelation to incorporated legal practices or multidisciplinary\npartnerships, but only if the provision of those services by any\nof the following people may give rise to a conflict of interest\nrelating to the provision of legal services:\n(i) officers or employees of incorporated legal practices;\n(ii) partners or employees of multidisciplinary partnerships.\n\nDivision 8.3.3 Rules for incorporated legal practices and multidisciplinary partnerships\n(2) The rules under this section may make provision for or in relation to\nprofessional obligations relating to legal services provided by or in\nrelation to incorporated legal practices or multidisciplinary\npartnerships.\n(3) However, the rules under this section cannot—\n(a) regulate any services that an incorporated legal practice may\nprovide or conduct (other than the provision of legal services or\nother services that may give rise to a conflict of interest relating\nto the provision of legal services); or\n(b) regulate or prohibit the conduct of officers or employees of an\nincorporated legal practice (other than in relation to the\nprovision of legal services or other services that may give rise to\na conflict of interest relating to the provision of legal services);\nor\n(c) regulate any services that a multidisciplinary partnership or\npartners or employees of a multidisciplinary partnership may\nprovide or conduct (other than the provision of legal services or\nother services that may give rise to a conflict of interest relating\nto the provision of legal services); or\n(d) regulate or prohibit the conduct of partners or employees of a\nmultidisciplinary partnership (otherwise than in connection with\nthe provision of legal services or other services that may give\nrise to a conflict of interest relating to the provision of legal\nservices).\n(4) The power to make rules under this section is not limited to any\nmatters for which this Act specifically authorises the making of legal\n\nGeneral Division 8.3.4\nDivision 8.3.4 General\n","sortOrder":579},{"sectionNumber":"585","sectionType":"section","heading":"Binding nature of legal profession rules","content":"585 Binding nature of legal profession rules\n(1) Legal profession rules are binding on Australian legal practitioners\nand locally-registered foreign lawyers to whom they apply.\n(2) Failure to comply with legal profession rules can be unsatisfactory\nprofessional conduct or professional misconduct.\n","sortOrder":580},{"sectionNumber":"586","sectionType":"section","heading":"Legal profession rules inconsistent with Act or regulation","content":"586 Legal profession rules inconsistent with Act or regulation\n(1) Legal profession rules do not have effect to the extent that they are\ninconsistent with this Act, a regulation or rules made under the Court\nProcedures Act 2004.\n(2) Legal profession rules do not have effect to the extent that they are\ninconsistent with a direction or guideline under the Director of Public\nProsecutions Act 1990, section 12 (Directions and guidelines by\ndirector).\n\n","sortOrder":581},{"sectionNumber":"587","sectionType":"section","heading":"Approved forms—councils","content":"587 Approved forms—councils\n(1) If a council has functions under this Act in relation to a matter, it may\napprove forms for use in relation to the matter.\n(2) If a council approves a form under this section for a particular\npurpose, the approved form must be used for that purpose.\n","sortOrder":582},{"sectionNumber":"587A","sectionType":"section","heading":"Protection from liability","content":"587A Protection from liability\n(1) A person is not civilly liable for anything done or omitted to be done\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act was in the exercise of a\nfunction under this Act.\n(2) This section does not limit any other provision of this Act about\nprotection of an entity from liability.\n","sortOrder":583},{"sectionNumber":"588","sectionType":"section","heading":"Liability of principals of law practice","content":"588 Liability of principals of law practice\n(1) If a law practice contravenes, whether by act or omission, any\nprovision of this Act or a regulation imposing an obligation on the\npractice, each principal of the practice is taken to have contravened\nthe same provision, unless the principal establishes that—\n(a) the practice contravened the provision without the knowledge\nactual, imputed or constructive of the principal; or\n(b) the principal was not in a position to influence the conduct of\nthe law practice in relation to its contravention of the provision;\nor\n(c) the principal, if in that position, used all due diligence to prevent\nthe contravention by the practice.\n\n(2) Subsection (1) does not affect the liability of the law practice for the\ncontravention.\n(3) A contravention of a requirement imposed on a law practice by this\nAct can be unsatisfactory professional conduct or professional\nmisconduct by a principal of the practice.\n","sortOrder":584},{"sectionNumber":"589","sectionType":"section","heading":"Associates who are disqualified or convicted people","content":"589 Associates who are disqualified or convicted people\n(1) A law practice must not have a person as a lay associate if—\n(a) a principal, or other legal practitioner associate, of the practice\nknows that the person—\n(i) is a disqualified person; or\n(ii) has been convicted of a serious offence; and\n(b) the person is not approved by the relevant council under\n(2) The relevant council may, on application, approve a lay associate for\n(3) An approval under this section may be subject to stated conditions.\n(4) A person may appeal to the Supreme Court against a decision of the\nrelevant council under subsection (2) or (3).\n(5) A person commits an offence if—\n(a) the person is—\n(i) a disqualified person; or\n(ii) a person who has been convicted of a serious offence; and\n(b) the person applies to become a lay associate of a law practice;\nand\n\n(c) the person has not told the law practice of the disqualification or\nconviction.\n(6) Proceedings for an offence under subsection (5) may only be brought\nwithin 6 months after discovery of the offence by the law practice.\n(7) This section does not apply in circumstances prescribed by\nlay associate, of a law practice, includes a consultant to the law\npractice (however described) who—\n(a) is not an Australian legal practitioner; and\n(b) provides legal or related services to the law practice, other than\nservices of a kind prescribed by regulation.\nNote Lay associate is defined for the Act in s 9 (Terms relating to associates\nand principals of law practices).\n","sortOrder":585},{"sectionNumber":"590","sectionType":"section","heading":"Injunctions to restrain offences against Act","content":"590 Injunctions to restrain offences against Act\n(1) This section applies if a person has committed, is committing, or is\nlikely to commit, an offence against this Act.\nNote 1 A reference to an offence against a territory law includes a reference to a\nrelated ancillary offence, eg attempt (see Legislation Act, s 189).\nNote 2 A reference to an Act includes a reference to statutory instruments made\nor in force under the Act, including any regulation and any law or\ninstrument applied, adopted or incorporated by the Act (see Legislation\n(2) A council or any other interested person may apply to the Magistrates\nCourt for an injunction.\n(3) On application under subsection (2), the Magistrates Court may grant\nan injunction restraining the person from contravening this Act\n(including by requiring the person to do something).\n\n(4) The Magistrates Court may grant the injunction—\n(a) whether or not it appears to the court that the person intends to\ncontravene this Act, contravene this Act again or continue to\ncontravene this Act; and\n(b) whether or not the person has previously contravened this Act;\nand\n(c) whether or not there is a likelihood of substantial damage to\nanyone else if the person contravenes this Act; and\n(d) whether or not a proceeding for an offence against this Act has\nbegun or is about to begin.\n(5) The Magistrates Court may grant an interim injunction restraining the\nperson from committing an offence against this Act (including\nrequiring the person to do something) before deciding an application\nfor an injunction under this section.\n","sortOrder":586},{"sectionNumber":"591","sectionType":"section","heading":"Enforcement of injunctions","content":"591 Enforcement of injunctions\nThe Magistrates Court has the same powers as the Supreme Court to\nenforce an injunction (including an interim injunction) made under\n","sortOrder":587},{"sectionNumber":"592","sectionType":"section","heading":"Amendment or discharge of injunctions","content":"592 Amendment or discharge of injunctions\nThe Magistrates Court may amend or discharge an injunction\n(including an interim injunction) made under this chapter on the\napplication of a council or any other interested person.\n","sortOrder":588},{"sectionNumber":"593","sectionType":"section","heading":"Interim injunctions—undertakings about damages","content":"593 Interim injunctions—undertakings about damages\n(1) If a council applies for an injunction under this chapter, the\nMagistrates Court must not require the council to give an undertaking\nabout costs or damages as a condition of granting an interim\ninjunction.\n\n(2) The Magistrates Court must accept an undertaking from a council\nabout costs or damages, and not require a further undertaking from\nanyone else, if—\n(a) the applicant for an injunction under this chapter is not the\n(b) the court would, apart from this subsection, require the applicant\nto give an undertaking about costs or damages; and\n(c) the council gives the undertaking.\n","sortOrder":589},{"sectionNumber":"594","sectionType":"section","heading":"Magistrates Court’s other powers not limited","content":"594 Magistrates Court’s other powers not limited\n(1) The powers given to the Magistrates Court under this chapter are in\naddition to any other powers of the court.\n(2) In particular, an application to the Magistrates Court for an injunction\nunder this chapter may be made without notice to the person against\nwhom the injunction is sought.\n","sortOrder":590},{"sectionNumber":"595","sectionType":"section","heading":"Disclosure of information by local regulatory authorities","content":"595 Disclosure of information by local regulatory authorities\n(1) A local regulatory authority may disclose information to another local\nregulatory authority about anything relating to or arising under this\nAct or a corresponding law.\n(2) A local regulatory authority may disclose information to an interstate\nregulatory authority about anything relating to or arising under this\nAct or a corresponding law.\ninterstate regulatory authority means—\n(a) an authority with functions under a corresponding law; or\n(b) an entity prescribed by regulation.\n\nlocal regulatory authority means—\n(a) a council; or\n(b) another entity with functions under this Act; or\n(c) an entity prescribed by regulation.\n","sortOrder":591},{"sectionNumber":"596","sectionType":"section","heading":"Confidentiality of personal information","content":"596 Confidentiality of personal information\nlocal regulatory authority means—\n(a) a council; or\n(b) another entity with functions under this Act; or\n(c) an entity prescribed by regulation.\n(a) a local regulatory authority; or\n(b) a member of a local regulatory authority; or\n(c) a member of the staff of the bar association or the law society;\nor\n(d) acting under the direction or authority of a local regulatory\nauthority; or\n(e) providing advice, expertise or assistance to a local regulatory\nauthority.\n\npersonal information means information or an opinion (including\ninformation or an opinion forming part of a database), that is recorded\nin any form and whether true or not, about an individual whose\nidentity is apparent, or can be reasonably ascertained, from the\ninformation or opinion, but does not include information or an\nopinion prescribed by regulation.\n(i) makes a record of personal information about a person; and\n(ii) is reckless about whether the information is personal\ninformation about a person; or\n(i) does something that divulges personal information about a\n(A) the information is protected information about a\n(a) under this Act or another territory law, a law of the\nCommonwealth or a corresponding law;\nsection applies, under this Act or another territory law;\n\n(c) to a court or tribunal in the course of a proceeding;\n(d) under an order of a court or tribunal;\n(e) to the extent reasonably required to enable the investigation or\nenforcement of an offence or disciplinary action.\n(b) with the written consent of the practice or person; or\n(c) if divulging the information is necessary for properly conducting\nan investigation and making the report of the investigation; or\n(d) as provided in section 557 (Permitted disclosure of confidential\n","sortOrder":592},{"sectionNumber":"597","sectionType":"section","heading":"Professional privilege or duty of confidence does not","content":"597 Professional privilege or duty of confidence does not\naffect validity of certain requirements etc\n(1) This section applies to a requirement under—\n(a) section 231 (Reporting certain irregularities etc) to give written\nnotice of an irregularity in relation to a trust account, a trust\nledger account or trust money; or\n(b) section 502 (Power of receiver to require documents or\ninformation) to give access to documents or information; or\n(c) section 527 (Provisions relating to requirements under part 6.2)\nto produce documents, provide information or otherwise assist\nin, or cooperate with, an investigation.\n(2) The validity of the requirement is not affected, and a person is not\nexcused from complying with the requirement, on the ground of client\nlegal privilege or any other duty of confidence.\n\n","sortOrder":593},{"sectionNumber":"598","sectionType":"section","heading":"Meaning of reviewable decision—ch 9","content":"598 Meaning of reviewable decision—ch 9\nIn this chapter:\nreviewable decision means a decision mentioned in\ntable 598, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\nTable 598 Reviewable decisions\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 338 completely or\npartly disallow\nperson who makes\n2 338 (6) reduce amount\npayable on claim\nperson who makes\n","sortOrder":594},{"sectionNumber":"599","sectionType":"section","heading":"Reviewable decision notices","content":"599 Reviewable decision notices\nIf the law society makes a reviewable decision, the law society must\ngive a reviewable decision notice to each entity mentioned in\ntable 598, column 4 in relation to the decision.\nNote 1 The law society must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\nNote 2 The requirements for reviewable decision notices are prescribed under\nthe ACT Civil and Administrative Tribunal Act 2008.\n","sortOrder":595},{"sectionNumber":"600","sectionType":"section","heading":"Applications for review","content":"600 Applications for review\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity mentioned in table 598, column 4 in relation to the\ndecision;\n\n(b) any other person whose interests are affected by the decision.\nNote If a form is approved under the ACT Civil and Administrative Tribunal\nAct 2008 for the application, the form must be used.\n","sortOrder":596},{"sectionNumber":"601","sectionType":"section","heading":"Minister may determine fees","content":"601 Minister may determine fees\n(1) The Minister may determine fees for this Act (other than for anything\nin relation to which a fee may be determined under section 84\n(Determination of fees by law society council and bar council)).\n(2) A determination is a disallowable instrument.\n","sortOrder":597},{"sectionNumber":"602","sectionType":"section","heading":"Regulation-making power","content":"602 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision about any matter in relation to\nwhich a legal profession rule has been made or may be made.\n(3) A regulation may create offences for contraventions of a regulation\nand prescribe maximum penalties of not more than 10 penalty units\nfor offences against a regulation.\n\n","sortOrder":598},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional—Justice and Community Safety Legislation Amendment Act","content":"Chapter 13 Transitional—Justice and Community Safety Legislation Amendment Act\nChapter 13 Transitional—Justice and\nCommunity Safety Legislation\nAmendment Act 2026\n","sortOrder":599},{"sectionNumber":"626","sectionType":"section","heading":"Increases in maximum fines","content":"626 Increases in maximum fines\n(1) An amendment made to this Act by the amending Act applies only in\nrelation to a fine imposed on an Australian legal practitioner for\nconduct that happens, or is alleged to have happened, on or after the\nday the amending Act, part 9 commences.\namending Act means the Justice and Community Safety Legislation\nAmendment Act 2026.\n","sortOrder":600},{"sectionNumber":"627","sectionType":"section","heading":"Expiry—ch 13","content":"627 Expiry—ch 13\nThis chapter expires 2 years after the day it commences.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act. For\nexample:\n• ACAT\n• ACT\n• authorised deposit-taking institution (or ADI)\n• business day\n• change\n• contravene\n• Commonwealth\n• corporation\n• Corporations Act\n• document\n• entity\n• exercise\n• external territory\n• financial year\n• for\n• foreign country\n• found guilty (of an offence)\n• function\n• home address\n• indictable offence\n• individual\n• in relation to\n• may (see s 146)\n• must (see s 146)\n• power\n• public employee\n• public notice\n• public servant\n• public trustee and guardian\n\n• reviewable decision notice\n• State\n• Supreme Court\n• territory law\n• under.\nACAT trust account—see the ACT Civil and Administrative Tribunal\nAct 2008, section 115B (2).\nadmissions board means the Legal Practitioners Admissions Board\nestablished by section 558.\nadmission rules means rules relating to the admission of lawyers and\nassociated matters made under the Court Procedures Act 2004 for\npart 2.3 (Admission of local lawyers), and includes any forms\napproved under that Act for those rules or that part.\nadmission to the legal profession means admission by a Supreme\nCourt as—\n(a) a lawyer; or\n(b) a legal practitioner; or\n(c) a barrister; or\n(d) a solicitor; or\n(e) a barrister and solicitor; or\n(f) a solicitor and barrister;\nunder this Act or a corresponding law, but does not include the grant\nof a practising certificate under this Act or a corresponding law.\naffairs, of a law practice, includes the following:\n(a) all accounts and records required under this Act to be kept by\nthe practice or an associate or former associate of the practice;\n\n(b) other records of the practice or an associate or former associate\n(c) any transaction to which the practice or an associate or former\nassociate of the practice was or is a party;\n(d) any transaction in which the practice or an associate or former\nassociate of the practice has acted for a party.\namend includes—\n(a) in relation to a practising certificate—\n(i) impose a condition on the certificate; and\n(ii) amend or revoke a condition already imposed on the\n(b) in relation to registration as a foreign lawyer—\n(i) amend the lawyer’s registration certificate; and\n(ii) impose a condition on the registration; and\n(iii) amend or revoke a condition already imposed on the\nregistration.\napproved, for a policy of indemnity insurance, for part 3.3\n(Professional indemnity insurance)—see section 312.\napproved ADI, for part 3.1 (Trust money and trust accounts)—see\nsection 210 (2).\napproved policy of fidelity insurance, for part 3.5 (Mortgage\nASIC exemption, for part 3.5 (Mortgage practices and managed\nassociate—\n(a) of a law practice, for the Act—see section 9; and\n(b) of a solicitor, for part 3.5 (Mortgage practices and managed\n\nassociated third party payer, for part 3.2 (Costs disclosure and\nassessment)—see section 261A.\nAustralia, for part 2.7 (Legal practice—foreign lawyers)—see\nAustralian law, for part 2.7 (Legal practice—foreign lawyers)—see\nAustralian lawyer—see section 7.\nAustralian legal practitioner—see section 8.\nAustralian practising certificate means a local practising certificate\nor an interstate practising certificate.\nAustralian-registered foreign lawyer means a locally-registered\nforeign lawyer or an interstate-registered foreign lawyer.\nAustralian roll means the local roll or an interstate roll.\nAustralian trust account means a local trust account or an interstate\ntrust account.\nbar association means the Australian Capital Territory Bar\nAssociation (ACN 008 481 258), a corporation incorporated under\nthe Corporations Act.\nbar council means the Council of the bar association.\nbarrister means—\n(a) a local legal practitioner who holds a current barrister practising\n(b) an interstate legal practitioner who holds a current interstate\npractising certificate that entitles the practitioner to engage in\nlegal practice only as or in the manner of a barrister.\nborrower, for part 3.5 (Mortgage practices and managed investment\ncapping and sufficiency provisions, for part 3.4 (Fidelity cover)—\n\nChapter 5 body corporate—see the Corporations Act, section 9.\nclaim, for part 3.4 (Fidelity cover)—see section 316.\nclaimant, for part 3.4 (Fidelity cover)—see section 316.\nclient—\n(a) for this Act generally—includes a person to whom or for whom\nlegal services are provided; and\n(b) for division 3.2.7 (Costs assessment)—see section 294; and\n(c) for part 3.5 (Mortgage practices and managed investment\ncompensation order, for part 4.8 (Compensation)—see section 441.\ncomplaint, for chapter 4 (Complaints and discipline)—see\nsection 383.\ncomplaint investigation, for chapter 6 (Investigations)—see\ncompliance certificate—see section 30 (Compliance certificates by\nadmissions board).\ncomplying community legal centre—see section 208.\nconcerted interstate default, for part 3.4 (Fidelity cover)—see\nsection 316.\nconditional costs agreement, for part 3.2 (Costs disclosure and\nassessment)—see section 261.\nconditions means conditions, limitations or restrictions.\nconduct, for chapter 4 (Complaints and discipline)—see section 383.\nconnected, for part 6.3 (Entry and search of premises)—see\ncontributor, for part 3.5 (Mortgage practices and managed\n\ncontributory mortgage, for part 3.5 (Mortgage practices and\ncontrolled money—see section 210 (1).\ncontrolled money account, for part 3.1 (Trust money and trust\nconviction—see section 13.\ncorporation, for part 2.6 (Incorporated legal practices and\ncorresponding authority means—\n(a) an entity with functions under a corresponding law; or\n(b) when used in the context of an entity having functions under this\nAct (the local authority)—\n(i) an entity with corresponding functions under a\n(ii) without limiting subparagraph (i), if the functions of the\nlocal authority relate to local lawyers or local legal\npractitioners generally or are limited to any particular class\nof local lawyers or local legal practitioners—an entity\nhaving corresponding functions under a corresponding\nlaw, whether or not they relate to interstate lawyers or\ninterstate legal practitioners generally or are limited to any\nparticular class of interstate lawyers or interstate legal\ncorresponding disciplinary body means—\n(a) a court or tribunal with functions under a corresponding law that\ncorrespond to any of the functions of the ACAT under this Act;\nor\n(b) the Supreme Court of another jurisdiction exercising—\n(i) its inherent jurisdiction or powers in relation to the control\nand discipline of any Australian lawyer; or\n\n(ii) its jurisdiction or powers to make orders under a\ncorresponding law of the other jurisdiction in relation to\nany Australian lawyer.\ncorresponding foreign law means the following:\n(a) a law of a foreign country that corresponds to the relevant\nprovisions of this Act or, if a regulation is made declaring a law\nof the foreign country to be a law that corresponds to this Act,\nthe law declared under that regulation for the foreign country;\n(b) if the term is used in relation to a matter that happened before\nthe commencement of the law of a foreign country that, under\nparagraph (a), is the corresponding law for the foreign country—\na previous law applying to legal practice in the foreign country.\ncorresponding law means the following:\n(a) a law of another jurisdiction that corresponds to the relevant\nprovisions of this Act or, if a regulation is made declaring a law\nof the other jurisdiction to be a law that corresponds to this Act,\nthe law declared under that regulation for the other jurisdiction;\n(b) if the term is used in relation to a matter that happened before\nthe commencement of the law of another jurisdiction that, under\nparagraph (a), is the corresponding law for the other\njurisdiction—a previous law applying to legal practice in the\nother jurisdiction.\ncosts agreement, for part 3.2 (Costs disclosure and assessment)—see\ncosts assessment, for part 3.2 (Costs disclosure and assessment)—see\ncouncil means the bar council or law society council.\ndata, for part 6.3 (Entry and search of premises)—see section 529.\ndata storage device, for part 6.3 (Entry and search of premises)—see\n\ndefault, in relation to a law practice, for part 3.4 (Fidelity cover)—\ndeposit record—see section 210 (1).\ndirector, for part 2.6 (Incorporated legal practices and\ndisbursements, for part 3.2 (Costs disclosure and assessment)—see\ndisciplinary action, for part 4.9 (Publicising disciplinary action)—\nsee section 447.\ndishonesty, for part 3.4 (Fidelity cover)—see section 316.\ndisqualified person means any of the following people:\n(a) a person whose name has been removed from an Australian roll\n(whether or not at the request of the person) and who has not\nlater been admitted to the legal profession under this Act or a\ncorresponding law;\n(b) a person who is not an Australian legal practitioner because the\nperson’s Australian practising certificate has been cancelled\nunder this Act or a corresponding law;\n(c) a person whose Australian practising certificate has been\nsuspended under this Act or a corresponding law and in relation\nto whom the suspension is in force;\n(d) a person who has been refused a renewal of an Australian\npractising certificate under this Act or a corresponding law and\nwho has not later been granted an Australian practising\ncertificate;\n(e) a person who is the subject of an order under this Act or a\ncorresponding law prohibiting a law practice from employing or\npaying the person in relation to the practice;\n\n(f) a person who is the subject of an order under this Act or a\ncorresponding law prohibiting an Australian legal practitioner\nfrom being a partner of the person in a business that includes the\npractitioner’s practice;\n(g) a person who is the subject of an order under section 123\n(Disqualification from managing incorporated legal practice) or\nsection 148 (Prohibition on multidisciplinary partnerships with\ncertain partners who are not Australian legal practitioners) or\nunder a provision of a corresponding law that corresponds to\nsection 123 or section 148.\nengage in legal practice includes practise law.\nexternal examination, for part 3.1 (Trust money and trust\nexternal examiner, for part 3.1 (Trust money and trust accounts)—\nsee section 210 (2).\nexternal intervener, for chapter 5 (External intervention)—see\nsection 473.\nexternal intervention, for chapter 5 (External intervention)—see\nsection 473.\nfidelity fund—see section 320.\nfinancial institution, for part 3.5 (Mortgage practices and managed\nforeign law, for part 2.7 (Legal practice—foreign lawyers)—see\nforeign law practice, for part 2.7 (Legal practice—foreign\nforeign licensing body, for part 2.7 (Legal practice—foreign\n\nforeign roll means an official roll of lawyers (whether admitted,\npractising or otherwise) kept in a foreign country, but does not include\na roll prescribed by regulation.\ngeneral trust account, for part 3.1 (Trust money and trust\ngovernment agency means––\n(a) a government department (however described) of the Territory,\nthe Commonwealth or another jurisdiction; or\nNote Jurisdiction means a State or Territory (see dict).\n(b) an entity prescribed by regulation as a government agency.\ngovernment lawyer means an Australian lawyer, or a person eligible\nto be admitted as an Australian lawyer, employed by––\n(a) the Territory, the Commonwealth or another jurisdiction; or\nNote Jurisdiction means a State or Territory (see the dictionary).\n(b) a government agency.\ngrant an interstate practising certificate includes issue an interstate\nhome jurisdiction—see section 10.\nILP compliance audit, for chapter 6 (Investigations)—see\nincorporated legal practice—see section 101.\ninformation notice—see section 12.\ninsolvent under administration means—\n(a) a person who is an undischarged bankrupt within the meaning\nof the Bankruptcy Act 1966 (Cwlth) (or the corresponding\nprovisions of the law of a foreign country or external territory);\nor\n\n(b) a person who has executed a personal insolvency agreement\nunder the Bankruptcy Act 1966 (Cwlth) (or the corresponding\nbut not if the agreement has been set aside or terminated or all\nof the obligations created by the agreement have been\ndischarged; or\n(c) a person for whom a debt agreement has been made under the\nBankruptcy Act 1966 (Cwlth), part 9 (or the corresponding\nif the debt agreement has not ended or has not been terminated;\nor\n(d) a person who has executed a deed of arrangement under the\nBankruptcy Act 1966 (Cwlth), part 10 (or the corresponding\nif the terms of the deed have not been fully complied with; or\n(e) a person whose creditors have accepted a composition under the\nBankruptcy Act 1966 (Cwlth), part 10 (or the corresponding\nif a final payment has not been made under the composition.\ninsurable barrister, for part 3.3 (Professional indemnity insurance)—\nsee section 308.\ninsurable legal practitioner, for part 3.3 (Professional indemnity\ninsurance)—see section 308.\ninsurable solicitor, for part 3.3 (Professional indemnity insurance)—\nsee section 308.\ninterstate lawyer—see section 7.\ninterstate legal practitioner—see section 8.\ninterstate practising certificate means a current practising certificate\ngranted under a corresponding law.\ninterstate-registered foreign lawyer means a person who is registered\nas a foreign lawyer under a corresponding law.\n\ninterstate roll means a roll of lawyers kept under a corresponding law.\ninterstate trust account means a trust account kept under a\ninvestigation, for part 3.1 (Trust money and trust accounts)—see\nsection 210 (2).\ninvestigator—\n(a) for part 3.1 (Trust money and trust accounts)—see\nsection 210 (2); or\n(b) for chapter 6 (Investigations)—see section 521.\nitemised bill, for part 3.2 (Costs disclosure and review)—see\njurisdiction means a State or Territory.\nlaw firm means a partnership consisting only of—\n(a) Australian legal practitioners; or\n(b) 1 or more Australian legal practitioners and 1 or more\nAustralian-registered foreign lawyers.\nlaw practice means—\n(a) for the Act—\n(i) an Australian legal practitioner who is a sole practitioner;\nor\n(ii) a law firm; or\n(iii) a multidisciplinary partnership; or\n(iv) an incorporated legal practice; and\n(b) for part 3.1—see section 218 (2).\nlaw society means the Law Society of the Australian Capital Territory\nestablished under section 576.\nlaw society council means the Council of the law society.\n\nlay associate, of a law practice—see section 9.\nlegal costs means amounts that a person has been or may be charged\nby, or is or may become liable to pay to, a law practice for the\nprovision of legal services including disbursements but not including\ninterest.\nlegal practitioner associate, of a law practice—see section 9.\nlegal practitioner director, of an incorporated legal practice—see\nsection 99.\nlegal practitioner partner, of a multidisciplinary partnership—see\nsection 99.\nlegal profession rules means rules made under part 7.4.\nlegal services means work done, or business transacted, in the\nordinary course of legal practice.\nlender, for part 3.5 (Mortgage practices and managed investment\nlitigious matter, for part 3.2 (Costs disclosure and assessment)—see\nlocal lawyer—see section 7.\nlocal legal practitioner—see section 8.\nlocal practising certificate means a current practising certificate\ngranted under this Act.\nlocal registration certificate, for part 2.7 (Legal practice—foreign\nlocal roll means the roll of lawyers kept under this Act.\nlocal trust account means a trust account kept under this Act.\nlocally-registered foreign lawyer means a person who is registered as\na foreign lawyer under this Act.\n\nlump sum bill, for part 3.2 (Costs disclosure and assessment)—see\nmanaged investment scheme—see the Corporations Act, section 9.\nmember, of a managed investment scheme, for part 3.5 (Mortgage\nmortgage means an instrument under which an interest in real\nproperty is charged, encumbered or transferred as security for the\npayment or repayment of money, and includes—\n(a) an instrument prescribed by regulation for this definition; and\n(b) a proposed mortgage.\nmortgage financing means facilitating a loan secured or intended to\nbe secured by mortgage by—\n(a) acting as an intermediary to match a prospective lender and\nborrower; or\n(b) arranging the loan; or\n(c) receiving or dealing with payments for the purposes of, or under,\nthe loan;\nbut does not include providing legal advice or preparing an\ninstrument for the loan.\nmultidisciplinary partnership—see section 134.\nnon-associated third party payer, for part 3.2—see section 261A.\noccupier, of premises, for part 6.3 (Entry and search of premises)—\nsee section 529.\noffence, for part 6.3 (Entry and search of premises)—see section 529.\nofficer, for part 2.6 (Incorporated legal practices and\nofficial complaint, for chapter 4 (Complaints and discipline)—see\nsection 383.\n\noverseas-registered foreign lawyer, for part 2.7 (Legal practice—\nforeign lawyers)—see section 152.\npecuniary loss, in relation to a default, for part 3.4 (Fidelity cover)—\npermanent form, in relation to a trust record, for part 3.1 (Trust\nmoney and trust accounts)—see section 210 (2) and (3).\nperson assisting, for part 6.3 (Entry and search of premises)—see\npractical legal training means—\n(a) legal training by participation in course work; or\n(b) legal training under the supervision of an Australian lawyer,\nwhether involving articles of clerkship or otherwise; or\n(c) a combination of both kinds of legal training.\npractise foreign law, for part 2.7 (Legal practice—foreign lawyers)—\nsee section 152.\npremises includes land or a structure or vehicle and any part of an\narea of land or a structure or vehicle.\nprescribed relationship, for part 3.5 (Mortgage practices and\nprincipal, of a law practice—see section 9.\nprofessional misconduct—see section 387.\nprofessional obligations, of an Australian legal practitioner, for\npart 2.6 (Incorporated legal practices and multidisciplinary\npartnerships)—see section 99.\npublic authority, for part 3.2 (Costs disclosure and assessment)—see\nquashing, of a conviction for an offence—see section 13.\nregister of disciplinary action—see section 448.\n\nregistered, used in relation to a foreign country, for part 2.7 (Legal\npractice—foreign lawyers)—see section 152.\nregistrar means the registrar of the Supreme Court.\nregulated mortgage, for part 3.5 (Mortgage practices and managed\nregulated property, for a law practice, for chapter 5 (External\nintervention)—see section 473.\nregulatory authority means—\n(a) in relation to the ACT—\n(i) a council; or\n(ii) another authority having functions under this Act; or\n(iii) an entity prescribed by regulation for this paragraph; or\n(b) in relation to another jurisdiction, means—\n(i) if there is only 1 regulatory authority for the other\njurisdiction—that regulatory authority, unless\nsubparagraph (iii) applies; or\n(ii) if there are separate regulatory authorities for the other\njurisdiction for different branches of the legal profession or\nfor people who practise in a particular style of legal\npractice—the regulatory authority relevant to the branch or\nstyle concerned, unless subparagraph (iii) applies; or\n(iii) if a regulation prescribes 1 or more regulatory authorities\nfor the other jurisdiction either generally or for particular\npurposes—the prescribed regulatory authority or\nauthorities.\nrelated body corporate means—\n(a) for a company within the meaning of the Corporations Act—a\nrelated body corporate within the meaning of that Act,\nsection 50; or\n\n(b) for any other corporation prescribed by regulation—a person\nrelevant council means—\n(a) in relation to a barrister or former barrister (including an\napplicant for grant of a barrister practising certificate or an\noverseas-registered foreign lawyer seeking a local registration\ncertificate)—the bar council; or\n(b) in relation to a solicitor or former solicitor (including an\napplicant for grant of an unrestricted practising certificate or a\nrestricted practising certificate or an overseas-registered foreign\nlawyer seeking a local registration certificate)—the law society\ncouncil; or\n(c) in relation to an employee, or former employee, of a solicitor—\nthe law society council.\nrelevant jurisdiction, for part 3.4 (Fidelity cover)—see section 327.\nresponsible entity, for part 3.5 (Mortgage practices and managed\nrestricted practising certificate means a local practising certificate or\ninterstate practising certificate that is not an unrestricted practising\ncertificate or barrister practising certificate.\nreviewable decision, for chapter 9 (General provisions)—see\nsection 598.\nrun-out mortgage, for part 3.5 (Mortgage practices and managed\nscale of costs, for part 3.2 (Costs disclosure and assessment)—see\nsearch warrant, for part 6.3 (Entry and search of premises)—see\n\nserious offence means an offence whether committed in or outside\nthe ACT that is—\n(a) an indictable offence against a law of the Commonwealth or any\njurisdiction (whether or not the offence is or may be dealt with\nsummarily); or\n(b) an offence against a law of another jurisdiction that would be an\nindictable offence against a territory law if committed in the\nACT (whether or not the offence could be dealt with summarily\nif committed in the ACT); or\n(c) an offence against a law of a foreign country that would be an\nindictable offence against a territory law or a law of the\nCommonwealth if committed in the ACT (whether or not the\noffence could be dealt with summarily if committed in the\nACT).\nshow-cause event, in relation to a person, means—\n(a) the person becoming an insolvent under administration; or\n(b) if the person is a legal practitioner director of an incorporated\nlegal practice—the incorporated legal practice becoming a\nChapter 5 body corporate; or\n(c) the person being convicted of a serious offence or tax offence,\nwhether or not—\n(i) the offence was committed in or outside the ACT; or\n(ii) the offence was committed while the person was engaging\nin legal practice as an Australian legal practitioner or was\npractising foreign law as an Australian-registered foreign\nlawyer; or\n(iii) other people are prohibited from disclosing the identity of\nthe offender.\nsole practitioner means an Australian legal practitioner who engages\nin legal practice on the practitioner’s own account.\n\nsolicitor means—\n(a) a local legal practitioner who holds a current unrestricted\npractising certificate or restricted practising certificate; or\n(b) an interstate legal practitioner who holds an interstate practising\ncertificate that does not restrict the practitioner to engage in legal\npractice only as or in the manner of a barrister.\nsophisticated client, for part 3.2 (Costs disclosure and assessment)—\nsee section 261.\nstatutory interest account—see section 253.\nsuitability matter, for an individual—see section 11.\nsupervised legal practice means legal practice by a person who is an\nAustralian legal practitioner—\n(a) as an employee of a law practice, if—\n(i) at least 1 partner, legal practitioner director or other\nemployee of the law practice is an Australian legal\npractitioner who holds an unrestricted practising\n(ii) the person engages in legal practice under the supervision\nof an Australian legal practitioner mentioned in\nsubparagraph (i); or\n(b) as a partner in a law firm, if—\n(i) at least 1 other partner is an Australian legal practitioner\nwho holds an unrestricted practising certificate; and\n(ii) the person engages in legal practice under the supervision\nof an Australian legal practitioner mentioned in\nsubparagraph (i); or\n(c) as a government lawyer, if the person engages in legal practice\nunder the supervision of an Australian lawyer who holds, or\n\notherwise meets the criteria for the grant or renewal of, an\nunrestricted practising certificate; or\n(d) in a capacity approved under the legal profession rules.\ntax offence means any offence against the Taxation Administration\nAct 1953 (Cwlth), whether committed in or outside the ACT.\nterritory regulated mortgage, for part 3.5 (Mortgage practices and\nterritory regulated mortgage practice, for part 3.5 (Mortgage\nthird party payer, for part 3.2—see section 261A.\nthis Act includes the admission rules and any other rules made under\nthe Court Procedures Act 2004 for this Act.\nmade or in force under the Act, including any regulation or legal\nprofession rule (see Legislation Act, s 104).\ntransit money—see section 210 (1).\ntrust account, for part 3.1 (Trust money and trust accounts)—see\nsection 210 (2) and (3).\ntrust account examination, for chapter 6 (Investigations)—see\ntrust account investigation, for chapter 6 (Investigations)—see\ntrust money means money entrusted to a law practice in the course of\nor in connection with the provision of legal services by the practice,\nand includes—\n(a) money received by the practice on account of legal costs in\nadvance of providing the services; and\n(b) controlled money received by the practice; and\n(c) transit money received by the practice; and\n\n(d) money received by the practice that is the subject of a power,\nexercisable by the practice or an associate of the practice, to deal\nwith the money for or on behalf of another person.\ntrust property means property entrusted to a law practice in the course\nof or in connection with the provision of legal services by the practice,\nbut does not include trust money.\ntrust records, for part 3.1 (Trust money and trust accounts)—see\nsection 210 (2) and (3).\nuplift fee, for part 3.2 (Costs disclosure and assessment)—see\nunrestricted practising certificate means a local practising certificate\nthat is an unrestricted practising certificate or an interstate practising\ncertificate that—\n(a) is not subject to a condition under a corresponding law similar\nto the condition under section 50 (Statutory condition about\npractice as solicitor) or a similar condition under a\n(b) is not subject to a condition that restricts the holder of the\ncertificate to practise only as or in the manner of a barrister; and\n(c) is not subject to any other condition (other than a condition\nrequiring the holder of the certificate to undertake and complete\n1 or more courses of continuing legal education or a condition\nprescribed by regulation); and\n(d) is not subject to a condition similar to a condition under\nsection 50 and whose holder would not be subject to a condition\nunder that section if the holder were to apply for and be granted\na local practising certificate.\nunsatisfactory employment conduct—see section 388.\nunsatisfactory professional conduct—see section 386.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":601},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegal Profession Act 2006 A2006-25\nnotified LR 21 June 2006\ns 1, s 2 commenced 21 June 2006 (LA s 75 (1))\nremainder commenced 1 July 2006 (s 2)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.22\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.22 commenced 29 September 2006 (s 2 (1))\nLegal Profession Regulation 2006 SL2006-37 (as am by SL2006-49\ns 4, SL2007-4 s 4, SL2007-10 s 7)\nnotified LR 30 June 2006\ns 1, s 2 commenced 30 June 2006 (LA s 75 (1))\nremainder commenced 1 July 2006 (s 2)\nLegal Profession Amendment Regulation 2006 (No 1) SL2006-49 s 4\nnotified LR 30 November 2006\ns 1, s 2 commenced 30 November 2006 (LA s 75 (1))\ns 4 commenced 1 December 2006 (s 2)\nLegal Profession Amendment Regulation 2007 (No 1) SL2007-4 s 4\nnotified LR 26 February 2007\ns 1, s 2 commenced 26 February 2007 (LA s 75 (1))\ns 4 commenced 27 February 2007 (s 2)\n\nLegal Profession Amendment Regulation 2007 (No 2) SL2007-10 s 7\nnotified LR 17 May 2007\ns 1, s 2 commenced 17 May 2007 (LA s 75 (1))\ns 7 commenced 18 May 2007 (s 2)\nLegal Profession Regulation 2007 SL2007-27 pt 20\npt 20 commenced 1 October 2007 (s 2 (2) and see Legal Profession\nAmendment Act 2007 A2007-28 s 2)\nLegal Profession Amendment Act 2007 A2007-28\nremainder commenced 1 October 2007 (s 2)\nStatute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.22\nnotified LR 6 December 2007\ns 1, s 2 commenced 6 December 2007 (LA s 75 (1))\nsch 3 pt 3.22 commenced 27 December 2007 (s 2)\nLegal Profession Regulation 2007 SL2007-27 (as am by SL2008-13)\ns 91 commenced 1 October 2007 (s 2 (1))\nremainder commenced 1 October 2007 (s 2 (2) and see Legal\nProfession Amendment Act 2007 A2007-28 s 2)\nLegal Profession Amendment Regulation 2008 (No 1) SL2008-13\nnotified LR 31 March 2008\ns 1, s 2 commenced 31 March 2008 (LA s 75 (1))\nremainder commenced 1 April 2008 (s 2)\nNote This regulation only amends the Legal Profession\nRegulation 2007 SL2007-27.\n\nStatute Law Amendment Act 2008 A2008-28 sch 1 pt 1.4, sch 3 pt 3.37\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 1 pt 1.4, sch 3 pt 3.37 commenced 26 August 2008 (s 2)\nAct 2008 (No 3) A2008-29 sch 1 pt 1.8\nnotified LR 13 August 2008\ns 1, s 2 commenced 13 August 2008 (LA s 75 (1))\nsch 1 pt 1.8 commenced 27 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.33\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.33 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.64\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.64 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.49\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.49 commenced 22 September 2009 (s 2)\nACT Civil and Administrative Tribunal (Transitional Provisions)\nRegulation 2009 SL2009-2 s 67 (as am by SL2009-51 s 6, s 7,\nA2009-54 amdt 1.3)\nnotified LR 29 January 2009\ns 1, s 2 commenced 29 January 2009 (LA s 75 (1))\ns 67 commenced 2 February 2009 (s 2 and see ACT Civil and\nAdministrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nACT Civil and Administrative Tribunal (Transitional Provisions)\nAmendment Regulation 2009 (No 1) SL2009-51 s 6, s 7\nnotified LR 30 October 2009\ns 1, s 2 commenced 30 October 2009 (LA s 75 (1))\ns 6, s 7 commenced 31 October 2009 (s 2)\nNote This regulation only amends the ACT Civil and Administrative\nTribunal (Transitional Provisions) Regulation 2009 SL2009-2.\nLegal Profession Amendment Act 2009 A2009-47\nnotified LR 25 November 2009\ns 1, s 2 commenced 25 November 2009 (LA s 75 (1))\nremainder commenced 26 November 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.44\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.44 commenced 17 December 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2009\n(No 4) A2009-54 sch 1 pt 1.2, sch 1 pt 1.3\nnotified LR 18 December 2009\ns 1, s 2 commenced 18 December 2009 (LA s 75 (1))\nsch 1 pt 1.2, sch 1 pt 1.3 commenced 22 December 2009 (s 2 (2) (a)\nand see Justice and Community Safety Legislation Amendment\nAct 2009 (No 3) A2009-44 s 2 (3))\nNote This Act also amends the ACT Civil and Administrative Tribunal\n(Transitional Provisions) Regulation 2009 SL2009-2.\nJustice and Community Safety Legislation Amendment Act 2010\n(No 4) A2010-50 sch 1 pt 1.5\nnotified LR 14 December 2010\ns 1, s 2 commenced 14 December 2010 (LA s 75 (1))\nsch 1 pt 1.5 commenced 21 December 2010 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.34\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.34 commenced 12 December 2011 (s 2)\n\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.26\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.26 commenced 5 June 2012 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2013\n(No 2) A2013-11 sch 1 pt 1.6\nnotified LR 28 March 2013\ns 1, s 2 commenced 28 March 2013 (LA s 75 (1))\nsch 1 pt 1.6 commenced 4 April 2013 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\nA2014-17 sch 1 pt 1.7\nnotified LR 13 May 2014\ns 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))\nsch 1 pt 1.7 commenced 12 June 2014 (s 2 (3))\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.14\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.14 commenced 10 June 2014 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2015\nA2015-11 sch 1 pt 1.7\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\nsch 1 pt 1.7 commenced 21 May 2015 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.41\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.41 commenced 14 October 2015 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.26\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.26 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\n\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.27\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.27 commenced 27 April 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.13\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.13 commenced 29 June 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.44\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.44 commenced 1 September 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 12\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 12 commenced 24 May 2017 (s 2 (1))\nAct 2017 (No 3) A2017-38 pt 13\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 13 commenced 16 November 2017 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.23\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.23 commenced 23 October 2018 (s 2 (4))\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.22\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.22 commenced 22 November 2018 (s 2 (1))\n\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 10\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (2))\npt 10 commenced 26 February 2021 (s 2 (1))\nFair Trading and Other Justice Legislation Amendment Act 2022\nA2022-8 sch 1 pt 1.4\nnotified LR 11 May 2022\ns 1, s 2 commenced 11 May 2022 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 July 2022 (s 2 (2))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.25\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.25 commenced 24 August 2022 (s 2)\nAct 2023 (No 3) A2023-57 pt 13, sch 1 pt 1.6\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 13, sch 1 pt 1.6 commenced 12 December 2023 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.54, sch 4\npt 4.112\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.54, sch 4 pt 4.112 commenced 26 November 2025\n(s 2 (3), (9))\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 9\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 9 commenced 23 February 2026 (s 2)\n\nCommencement\ns 2 om LA s 89 (4)\nTerms relating to associates and principals of law practices\ns 9 am A2007-28 s 4, s 5\nSuitability matters\ns 11 am A2021-3 s 20; pars renum R39 LA\nProhibition on engaging in legal practice if not entitled\ns 16 am A2022-8 amdt 1.7; A2022-14 amdt 3.146\nEligibility for admission\ns 21 am A2007-39 amdt 3.97; A2008-29 amdt 1.23\nAppeal to Supreme Court on refusal of declaration\ns 25 am A2006-40 amdt 2.119\nLocal lawyer is officer of Supreme Court\ns 28 am A2007-28 s 6\nPurposes and application—pt 2.4\ns 33 am A2017-14 s 30, s 31; A2022-14 amdt 3.147\nLocal practising certificates\ns 35 am A2014-17 amdt 1.25\nSuitability to hold local practising certificate\ns 36 am A2007-28 s 7, s 8; A2008-36 amdt 1.370; A2014-17\namdt 1.26, amdt 1.27\nDuration of local practising certificate\ns 37 am A2014-17 amdt 1.28\nConditions on practising certificate—government lawyer and in-house\ns 38 sub A2007-28 s 9\nam A2008-29 amdt 1.24; A2014-17 amdt 1.29; A2017-14\nss 32-34\nContinuing obligation for professional indemnity insurance for local\npractising certificate\ns 39 om A2007-28 s 9\nApplication for grant or renewal of local practising certificate\ns 41 am A2007-28 ss 10-15; pars renum R7 LA; A2014-17\namdt 1.30; A2022-14 amdt 3.148; A2025-29 amdt 4.112\nGrant or renewal of unrestricted or restricted practising certificate\ns 44 am A2007-28 s 16; A2014-17 amdts 1.31-1.33\n\nGrant or renewal of barrister practising certificate\ns 45 am A2007-28 s 17\nsub A2014-17 amdt 1.34\nConditions on local practising certificates generally\ns 46 am A2008-36 amdt 1.371 A2014-17 amdt 1.35\nConditions imposed on local practising certificate by relevant council\ns 47 hdg am A2014-17 amdt 1.36\ns 47 am A2007-28 ss 18-20; A2010-50 amdt 1.12; A2014-17\namdts 1.37-1.40; ss renum R27 LA\nStatutory condition on local practising certificate about notification of\ns 51 am A2025-29 amdt 4.112\nCompliance with conditions of local practising certificate\ns 53 am A2007-28 s 21\nAmending, suspending or cancelling local practising certificate\ns 56 am A2007-28 ss 22-26; A2014-17 amdt 1.41\nOther ways of amending or cancelling local practising certificate\ns 58 am A2007-28 s 27; ss renum R7 LA\nRelationship of div 2.4.6 with ch 4\ns 59 am A2007-28 s 28\nApplicant for local practising certificate—show-cause event\ns 60 am A2007-28 s 29; ss renum R7 LA; A2022-14 amdt 3.149\nHolder of local practising certificate—show-cause event\ns 61 am A2022-14 amdt 3.149; A2025-29 amdt 4.112\nRefusal to grant or renew unrestricted or restricted practising certificate—\nfailure to show cause etc\ns 62 am A2014-17 amdt 1.42\nRefusal to grant or renew barrister practising certificate—failure to show\ncause etc\ns 63 am A2014-17 amdts 1.43-1.45\nRestriction on further applications for local practising certificate after refusal\nto grant or renew\ns 65 am A2014-17 amdts 1.46-1.48; ss renum R27 LA\nRelationship of div 2.4.7 with pt 4.4 and ch 6\ns 67 am A2007-28 s 30\nReturn of local practising certificate\ns 71 am A2008-36 amdt 1.372\nProfessional indemnity insurance—interstate legal practitioners\ns 72 am A2007-28 ss 31-34; A2017-14 s 35\n\nSpecial provisions about interstate legal practitioner engaging in\nunsupervised legal practice in ACT\ns 75 am A2007-28 s 35\nProtocols with regulatory authorities\ns 77 am A2007-28 s 36; A2025-29 amdt 4.112\nInvestigation of practising certificate applicants or holders etc\ns 78 am A2007-28 s 37; A2014-17 amdt 1.49\nRegister of local practising certificates\ns 79 am A2014-17 amdt 1.50, amdt 1.51\nAppeals against decisions of relevant council\ns 81 hdg am A2014-17 amdt 1.52\ns 81 am A2006-40 amdt 2.119, amdt 2.120; A2014-17\namdts 1.53-1.59; pars renum R27 LA\nGovernment lawyers generally\ns 82 am A2007-28 s 38, s 39; A2022-14 amdt 3.150\nGovernment lawyers of other jurisdictions\ns 83 am A2007-28 s 40, s 41; A2022-14 amdt 3.150\nDetermination of fees by law society council and bar council\ns 84 am A2014-17 amdt 1.60; pars renum R27 LA; A2025-29\nOfficial notice to other jurisdictions of removals from local roll\ns 88 am A2007-28 s 42, s 43\nLicensing body to give notice to other jurisdictions of certain matters\ns 89 om A2014-17 amdt 1.61\nRelevant council to give notice to other jurisdictions of certain matters\ns 90 am A2014-17 amdt 1.62\nLawyer to give notice of removal in another jurisdiction\ns 91 hdg sub A2007-28 s 44\ns 91 am A2007-28 ss 45-47\nLawyer to give notice of foreign regulatory action\ns 92A ins A2007-28 s 48\nProvisions applying to notices under div 2.5.3\ns 93 hdg sub A2007-28 s 49\ns 93 am A2007-28 s 50\nPeremptory removal of local lawyer’s name from local roll following removal\nin another jurisdiction\ns 94 am A2007-28 s 51; A2022-14 amdt 3.151\n\nPeremptory cancellation of local practising certificate following removal of\nname from interstate roll\ns 95 am A2007-28 s 52\nShow-cause procedure for removal of lawyer’s name from local roll following\nforeign regulatory action\ns 96 sub A2007-28 s 53\nam A2014-18 amdt 3.59; A2022-14 amdt 3.152\nShow-cause procedure for cancellation of local practising certificate\nfollowing foreign regulatory action\ns 97 sub A2007-28 s 53\nam A2014-18 amdt 3.59; A2022-14 amdt 3.153\nOrder for non-removal of name or non-cancellation of local practising\ns 97A ins A2007-28 s 53\nam A2022-14 amdt 3.154\nDefinitions—pt 2.6\ns 99 def disqualified person om A2007-28 s 54\ndef related body corporate om A2017-14 s 36\nNature of incorporated legal practice\ns 101 am A2016-13 amdt 1.89\nNotice of intention of corporation to start providing legal services\ns 104 am A2025-29 amdt 4.112\nNotice of corporation ceasing to engage in legal practice etc\ns 106 am A2025-29 amdt 4.112\nIncorporated legal practice must have legal practitioner director etc\ns 107 am A2007-28 s 55, s 56; ss renum R7 LA\nObligations of legal practitioner director relating to misconduct—\ns 108 am A2007-28 s 57; ss renum R7 LA; A2022-14 amdt 3.155\nDisclosure obligations—incorporated legal practices\ns 113 am A2014-18 amdt 3.60\nAdvertising requirements—incorporated legal practices\ns 116 am A2007-28 s 58\nSharing of receipts, revenue or other income—incorporated legal practices\ns 118 hdg sub A2007-28 s 59\ns 118 am A2007-28 s 60\nDisqualified people—incorporated legal practices\ns 119 am A2007-28 s 61\n\nAudit of incorporated legal practices\ns 120 am A2007-28 s 62\nExternal administration proceedings under Corporations Act\ns 125 am A2018-42 amdt 3.71, amdt 3.72; A2021-3 s 21\nNotice of starting practice in multidisciplinary partnership\ns 136 am A2025-29 amdt 4.112\nActions of partner of multidisciplinary partnership who is not Australian\nlegal practitioner\ns 139 am A2022-14 amdt 3.156\nDisclosure obligations—multidisciplinary partnerships\ns 142 am A2014-18 amdt 3.60\nSharing of receipts, revenue or other income—multidisciplinary partnerships\ns 146 hdg sub A2007-28 s 63\ns 146 am A2007-28 s 64\nDisqualified people—multidisciplinary partnerships\ns 147 am A2007-28 s 65, s 66\nDefinitions—pt 2.7\ns 152 def commercial legal presence om A2007-28 s 67\ndef licensing body om A2014-17 amdt 1.63\nRequirement for registration to practice foreign law\ns 155 am A2007-28 s 68\nApplication of Australian professional ethical and practice standards to\npractice of foreign law\ns 159 am A2007-28 s 69\nDesignation of Australian-registered foreign lawyers\ns 160 am A2014-17 amdt 1.64\nAdvertising by Australian-registered foreign lawyers\ns 162 am A2007-28 s 70; A2014-17 amdt 1.64\nTrust money and trust accounts—Australian-registered foreign lawyers\ns 164 am A2007-28 s 71, s 72\nProfessional indemnity insurance—Australian-registered foreign lawyers\ns 165 am A2007-28 ss 73-75; ss renum R7 LA\nDuration of registration—foreign lawyers\ns 168 am A2014-17 amdt 1.64\nApplication for grant or renewal of registration as foreign lawyer\ns 170 am A2014-17 amdt 1.64; A2025-29 amdt 4.112\nApproved form for grant or renewal application—foreign lawyers\ns 171 am A2007-28 s 76; A2014-17 amdt 1.64, amdt 1.65\n\nRequirements for applications for grant or renewal of registration—foreign\ns 172 am A2007-28 ss 77-80; A2011-52 amdt 3.130; A2012-21\namdt 3.104; A2014-17 amdts 1.66-1.68; A2016-18\namdt 3.118\nGrant or renewal of registration as foreign lawyer\ns 173 am A2007-28 s 81, s 82; A2014-17 amdt 1.68\nRequirement to grant or renew registration as foreign lawyer if criteria\nsatisfied\ns 174 am A2007-28 s 83; A2014-17 amdt 1.68\nRefusal to grant or renew registration as foreign lawyer\ns 175 am A2007-28 s 84; A2008-36 amdt 1.373; A2014-17\namdt 1.68\nGrounds for amending, suspending or cancelling registration of foreign\ns 177 am A2007-28 s 85, s 86; A2014-17 amdt 1.68\nAmending, suspending or cancelling registration of foreign lawyer\ns 178 am A2007-28 ss 87-91; A2014-17 amdts 1.69-1.71\nOperation of amendment, suspension or cancellation of registration of\ns 179 am A2014-17 amdt 1.71\nOther ways of amending or cancelling registration of foreign lawyer\ns 180 am A2014-17 amdt 1.71\nRelationship of div 2.7.6 with ch 4\ns 181 am A2007-28 s 92\nApplicant for local registration as foreign lawyer—show-cause event\ns 182 am A2014-17 amdt 1.71; A2022-14 amdt 3.156\nLocally-registered foreign lawyer—show-cause event\ns 183 am A2014-17 amdt 1.71; A2022-14 amdt 3.156; A2025-29\nRefusal, amendment, suspension or cancellation of local registration as\nforeign lawyer—failure to show cause etc\ns 184 am A2014-17 amdt 1.71\nRestriction on making further applications for registration as foreign lawyer\ns 185 am A2014-17 amdt 1.71\nRelationship of div 2.7.7 with pt 4.4 and ch 6\ns 186 am A2014-17 amdt 1.71\nImmediate suspension of registration as foreign lawyer\ns 187 am A2014-17 amdt 1.71\n\nSurrender of local registration certificate and cancellation of registration as\ns 188 am A2014-17 amdt 1.71\nReturn of local registration certificate\ns 191 am A2014-17 amdt 1.71\nConditions on local registration generally\ns 192 am A2008-36 amdt 1.374; A2014-17 amdt 1.71\nConditions imposed on local registration by relevant council\ns 193 hdg am A2014-17 amdt 1.71\ns 193 am A2014-17 amdt 1.71\nImposition and amendment of conditions on local registration pending\ncriminal proceedings\ns 194 am A2008-36 amdt 1.375; A2014-17 amdt 1.71\nStatutory condition on local registration about notification of offence\ns 195 am A2014-17 amdt 1.71; A2025-29 amdt 4.112\nExtent of entitlement of interstate-registered foreign lawyer to practise in\nACT\ns 198 am A2014-17 amdt 1.71, amdt 1.72\nAdditional conditions on practice of interstate-registered foreign lawyers\ns 199 am A2014-17 amdt 1.73\nInvestigation of applicants and locally-registered foreign lawyers etc\ns 200 am A2007-28 s 93; A2014-17 amdt 1.73\nRegister of locally-registered foreign lawyers\ns 201 am A2014-17 amdt 1.73, amdt 1.74\nPublication of information about locally-registered foreign lawyers\ns 202 am A2014-17 amdt 1.75\nSupreme Court orders about conditions—Australian-registered foreign\ns 203 am A2014-17 amdt 1.75\nExemption of Australian-registered foreign lawyers by relevant council\ns 204 hdg am A2014-17 amdt 1.75\ns 204 am A2014-17 amdt 1.75\nDetermination of fees by relevant council\ns 206 hdg am A2014-17 amdt 1.75\ns 206 am A2014-17 amdt 1.75; A2025-29 amdt 4.112\nAppeals or reviews\ns 207 am A2006-40 amdt 2.121; A2007-28 s 94; A2014-17\namdt 1.75\n\nWhat is a complying community legal centre?\ns 208 am A2014-17 amdt 1.76\nDefinitions—pt 3.1\ns 210 am A2007-28 s 99\ns 210 (1) def controlled money am A2007-28 s 95\ndef deposit record ins A2007-28 s 96\ns 210 (2) def approved ADI am A2014-17 amdt 1.77\ndef controlled money account am A2007-28 s 97\ndef trust records am A2007-28 s 98\nPurposes—pt 3.1\ns 211 am A2014-17 amdt 1.78\nMoney involved in financial services or investments\ns 212 am A2007-28 s 100; A2025-29 amdt 3.182, amdt 1.183\nDeterminations about status of money\ns 213 am A2014-17 amdt 1.78; A2025-29 amdt 4.112\nProtocols for deciding where trust money is received\ns 215 am A2014-17 amdt 1.78; A2025-29 amdt 4.112\nWhen money is received by law practice\ns 216 am A2007-28 s 101\nKeeping of general trust account\ns 221 am A2007-28 s 102\nCertain trust money to be deposited in general trust account\ns 222 am A2007-28 ss 103-105; ss renum R7 LA; A2014-17\namdt 1.79, amdt 1.80; ss renum R27 LA\nWay of withdrawing trust money from general trust account\ns 223A ins A2007-28 s 106\nWay of withdrawing controlled money from controlled money account\ns 224A ins A2007-28 s 107\nTransit money\ns 225 am A2007-28 s 108\nTrust money subject to specific powers\ns 226 am A2007-28 ss 109-111\nTrust money received in form of cash\ns 226A ins A2007-28 s 112\nIntermixing money\ns 228 am A2014-17 amdt 1.81\nDealing with trust money—legal costs and unclaimed money\ns 229 am A2007-28 ss 113-116\n\nReporting certain irregularities etc\ns 231 am A2014-17 amdt 1.81\nAppointment of investigators\ns 234 am A2009-47 s 4; A2014-17 amdt 1.81\nInvestigator’s report\ns 237 am A2014-17 amdt 1.81\nCosts of investigation\ns 239 am A2006-40 amdt 2.122, amdt 2.123; A2007-28 s 117;\nss renum R7 LA; A2014-17 amdt 1.81; A2022-14 amdt 3.157\nDesignation of external examiners\ns 240 am A2014-17 amdt 1.81\nTrust records to be externally examined\ns 241 sub A2007-28 s 118\nam A2014-17 amdt 1.81\nAppointment of external examiners by licensing body\ns 242 om A2007-28 s 118\nDesignation and appointment of associates as external examiners\ns 243 am A2014-17 amdt 1.81\nFinal examination of trust records\ns 244 am A2014-17 amdt 1.81; A2025-29 amdt 4.112\nCarrying out examinations\ns 246 am A2014-18 amdt 3.61\nExternal examiner’s report\ns 247 am A2014-17 amdt 1.81\nCosts of examination\ns 249 am A2006-40 amdt 2.124, amdt 2.125; A2008-28 amdt 1.6;\nA2014-17 amdt 1.81\nApproval of ADIs for pt 3.1\ns 250 am A2014-17 amdt 1.81\nReports, records and information by ADIs\ns 252 am A2007-28 s 119; A2014-17 amdt 1.81\nStatutory deposits\ns 253 am A2007-28 s 120; A2008-37 amdt 1.292\nApplication of pt 3.1 to incorporated legal practices and multidisciplinary\ns 255 am A2007-28 s 121, s 122; ss renum R7 LA\nDisclosure—money not received as trust money\ns 257 am A2007-28 s 123\n\nDisclosure of accounts used to hold money entrusted to legal practitioners\ns 258 am A2014-17 amdt 1.81\nUnclaimed trust money\ns 259 am A2013-11 amdt 1.14, amdt 1.15; A2016-13 amdt 1.90\nRegulations and legal profession rules—pt 3.1\ns 260 sub A2007-28 s 124\nam A2014-17 amdt 1.81\nCosts disclosure and assessment\npt 3.2 hdg sub A2007-28 s 125\nDefinitions—pt 3.2\ns 261 def client om A2007-28 s 126\ndef costs review sub A2007-28 s 127\ndef itemised bill am A2007-28 s 128\ndef public authority ins A2007-28 s 129\ndef sophisticated client ins A2007-28 s 130\ndef third party payer ins A2007-28 s 130\ndef uplift fee sub A2007-28 s 131\nTerms relating to third party payers\ns 261A ins A2007-28 s 132\nPurposes—pt 3.2\ns 262 am A2007-28 s 133\nPt 3.2 also applies by agreement or at client’s election\ns 264 am A2007-28 ss 134-136; ss renum R7 LA\nDisplacement of pt 3.2\ns 265 am A2007-28 s 137\nHow and where does a client first instruct a law practice?\ns 266 sub A2007-28 s 138\nWhat happens when different laws apply to a matter?\ns 268 am A2007-28 s 139\nDisclosure of costs to clients\ns 269 am A2007-28 ss 140-147; ss and pars renum R7 LA;\nA2014-17 amdt 1.81\nDisclosure if another law practice is to be retained\ns 270 am A2007-28 s 148\nHow and when must disclosure be made to a client?\ns 271 hdg sub A2007-28 s 149\ns 271 am A2007-28 s 150\nExceptions to requirement for disclosure\ns 272 am A2007-28 ss 151-154; A2022-14 amdt 3.158\n\nAdditional disclosure—uplift fees\ns 274 sub A2007-28 s 155\nForm of disclosure\ns 275 am A2007-28 s 156\nEffect of failure to disclose\ns 277 am A2007-28 s 157; ss renum R7 LA\nProgress reports\ns 278 am A2007-28 s 158; A2015-11 amdt 1.28\nDisclosure to associated third party payers\ns 278A (prev s 281A) ins A2007-28 s 163\nreloc and renum as s 278A A2015-11 amdt 1.29\nOn what basis are legal costs recoverable?\ns 279 am A2007-28 s 159\nInterest on unpaid legal costs\ns 281 am A2007-28 ss 160-162\nDisclosure to associated third party payers\ns 281A reloc and renum as s 278A\nMaking costs agreements\ns 282 am A2007-28 s 164-166\nConditional costs agreements\ns 283 am A2007-28 s 167\nConditional costs agreements involving uplift fee\ns 284 am A2007-28 s 168\nContingency fees prohibited\ns 285 am A2007-28 s 169\nEffect of costs agreement\ns 286 am A2007-28 s 170, s 171\nCertain costs agreements void\ns 287 am A2007-28 s 172; A2011-52 amdt 3.121\nSetting aside costs agreements or provisions of costs agreements\ns 288 sub A2007-28 s 173\nBills\ns 290 am A2007-28 s 174; ss renum R7 LA; A2009-49 amdt 3.103\nNotification of client’s rights\ns 291 am A2007-28 ss 175-177; A2014-17 amdt 1.81\nRequest for itemised bill\ns 292 sub A2007-28 s 178\nam A2008-28 amdt 3.104\n\nInterim bills\ns 293 am A2007-28 s 179\nCosts assessment\ndiv 3.2.7 hdg sub A2007-28 s 180\nDefinition—div 3.2.7\ns 294 sub A2007-28 s 181\ndef client ins A2007-28 s 181\nApplication by client or third party payer for costs assessment\ns 294A ins A2007-28 s 181\nApplication for costs assessment by law practice retaining another law\ns 295 hdg sub A2007-28 s 182\ns 295 am A2007-28 s 183, s 184; ss renum R7 LA\nApplication for costs assessment by law practice giving bill\ns 296 sub A2007-28 s 185\nForm of application for costs assessment\ns 297 hdg am A2007-28 s 186\ns 297 am A2007-28 s 186; A2025-29 amdt 4.112\nConsequences of application for costs assessment\ns 298 hdg am A2007-28 s 186\ns 298 am A2007-28 s 186\nProcedure on costs assessment\ns 299 hdg am A2007-28 s 186\ns 299 am A2007-28 s 186\nCriteria for costs assessment\ns 300 hdg sub A2007-28 s 187\ns 300 am A2007-28 ss 188-191\nAssessment of costs by reference to costs agreement\ns 300A ins A2007-28 s 192\nAssessment of costs by reference to scale of costs etc\ns 300B ins A2007-28 s 192\nRecovery of assessed costs\ns 300C ins A2007-28 s 192\nCosts of costs assessment\ns 302 sub A2007-28 s 193\nReferring matters to ACAT\ns 303 am A2007-28 s 194\nsub A2008-36 amdt 1.376\n\nLegal costs subject to consumer dispute not assessable\ns 304 hdg sub A2007-28 s 195\ns 304 am A2007-28 s 196, s 197; A2016-37 amdt 1.29\nContracting out of div 3.2.7 by sophisticated clients\ns 304A ins A2007-28 s 198\nPreliminary—pt 3.3\ndiv 3.3.1 hdg om A2007-28 s 199\nProfessional indemnity insurance for insurable legal practitioners\ns 311 am A2007-28 s 200; A2014-17 amdt 1.82\nContinuing indemnity insurance\ns 312A ins A2007-28 s 201\nApproval of indemnity fund\ns 315 am A2012-21 amdt 3.105; A2014-18 amdt 3.62; A2025-29\nDefinitions—pt 3.4\ns 316 def concerted interstate default am A2007-28 s 202\ndef default sub A2007-28 s 203\nPurpose—pt 3.4\ns 318 am A2007-28 s 204\nMeaning of relevant jurisdiction—pt 3.4\ns 327 am A2007-28 s 205\nDefaults to which pt 3.4 applies\ns 328 am A2007-28 s 206, s 207\nDefaults relating to financial services or investments\ns 329 am A2025-29 amdt 3.184, amdt 3.185\nClaims about defaults\ns 330 am A2012-21 amdt 3.106; A2016-18 amdt 3.119. amdt 3.120;\nA2025-29 amdt 4.112\nApproved form for claims\ns 331 am A2025-29 amdt 4.112\nAdvertisements about defaults by law practices\ns 333 am A2015-33 amdts 1.132-1.135; pars renum R29 LA\nClaims not affected by certain matters\ns 335 am A2007-28 s 208\nClaims by law practices or associates about defaults\ns 350 am A2007-28 s 209\nClaims by law practices or associates about notional defaults\ns 351 am A2007-28 s 210\n\nDefaults involving interstate elements if committed by 1 associate only\ns 353 am A2007-28 s 211\nProtocols—pt 3.4\ns 354 am A2014-18 amdt 3.63; A2025-29 amdt 4.112\nInterstate legal practitioner becoming authorised to withdraw from local trust\ns 364 am A2014-18 amdt 3.64\nApplication of pt 3.4 to sole practitioners whose practising certificates lapse\ns 367 hdg sub A2007-28 s 212\ns 367 am A2007-28 s 213, s 214; ss and pars renum R7 LA;\nA2022-14 amdt 3.159\nDefinitions—pt 3.5\ns 369 def member am A2025-29 amdt 3.186\ndef responsible entity am A2025-29 amdt 3.186\nFailure to obtain fidelity insurance for regulated mortgage\ns 376 am A2014-17 amdt 1.83\nTransfer of mortgages to responsible entity\ns 379 am A2025-29 amdt 3.187\nConduct capable of being unsatisfactory professional conduct or\nprofessional misconduct\ns 389 am A2007-28 s 215; A2008-36 amdt 1.377\nPractitioners to whom ch 4 applies\ns 390 am A2008-29 amdt 1.25; A2023-57 amdt 1.11\nFurther information and verification—complaints\ns 396 am A2012-21 amdt 3.106; A2016-18 amdt 3.121, amdt 3.122\nPerson to be told about complaint\ns 397 am A2007-28 s 216, s 217\nSummary dismissal of complaints\ns 399 am A2007-28 s 218\nWithdrawal of complaints\ns 400 am A2008-36 amdt 1.378\nMediation of complaints\ns 401 am A2008-36 amdt 1.379\nAppointment of investigator for complaint\ns 407 am A2009-47 s 5; ss renum R18 LA\nReferral of matters for costs assessment—complaint investigation\ns 409 hdg sub A2007-28 s 219\ns 409 am A2007-28 ss 220-224\n\nDecision of council after investigation\ns 410 am A2008-36 amdt 1.380\nDecision of council without investigation\ns 411 sub A2008-36 amdt 1.381\nDismissal of complaint\ns 412 am A2008-36 amdt 1.382, amdt 1.383\nSummary conclusion of complaint procedure by fine etc\ns 413 am A2008-36 amdt 1.384; A2017-38 s 42; A2026-4 s 29\nCouncil to give reasons to complainant and practitioner\ns 415 am A2007-28 s 225; A2008-36 amdt 1.385, amdt 1.386\nAppeals to ACAT against decisions of relevant council\ns 416 am A2007-28 s 226; ss renum R7 LA\nsub A2008-36 amdt 1.387\nComplainant and person complained about to be told about action taken\ns 418 am A2007-28 s 227, s 228; A2008-36 amdts 1.388-1.390;\nss renum R15 LA\nDisciplinary action\npt 4.7 hdg sub A2008-36 amdt 1.391\nApplication to ACAT\ns 419 sub A2008-36 amdt 1.391\nApplication of rules of evidence to ACAT—disciplinary action\ns 420 sub A2008-36 amdt 1.391\nDecisions without hearing\ns 420A ins A2007-28 s 229\nAmendment of complaint application\ns 421 sub A2008-36 amdt 1.391\nNature of allegations in complaint applications\ns 422 sub A2008-36 amdt 1.391\nParties to application\ns 423 sub A2008-36 amdt 1.391\nam A2009-20 amdt 3.117\nRestriction on publication of certain identifying material from application\ns 423A ins as mod SL2009-2 mod 3.1 (as ins by SL2009-51 s 7)\nmod lapsed 22 December 2009 (SL2009-2 mod 3.1 om by\nA2009-54 amdt 1.4)\nins A2009-54 amdt 1.7\nACAT power to disregard procedural lapses\ns 424 sub A2008-36 amdt 1.391\n\nACAT orders—Australian legal practitioners\ns 425 sub A2008-36 amdt 1.391\nam A2009-20 amdt 3.118\nDismiss complaint—Australian legal practitioners\ns 426 sub A2008-36 amdt 1.391\nRestriction on publication of certain identifying material from proceedings\ns 426A ins A2007-28 s 230\nFines—Australian legal practitioners\ns 427 sub A2008-36 amdt 1.391\nam A2026-4 s 30\nInterim orders—Australian legal practitioners\ns 428 sub A2008-29 amdt 1.26; A2008-36 amdt 1.391\nArrest warrant for failing to appear\ns 428A ins A2008-29 amdt 1.26\nExecuting a warrant\ns 428B ins A2008-29 amdt 1.26\nACAT orders—employees of solicitors\ns 429 sub A2008-36 amdt 1.391\nDismiss complaint—employees of solicitors\ns 430 am A2007-28 s 231, s 232\nsub A2008-36 amdt 1.391\nCompliance with ACAT orders\ns 431 sub A2008-36 amdt 1.391\nNotice to complainant of application and decision\ns 432 sub A2008-36 amdt 1.391\nCosts orders by ACAT\ns 433 am A2007-28 s 233\nsub A2008-36 amdt 1.391\nam A2009-20 amdt 3.119, amdt 3.120\nApplication of ACT Civil and Administrative Tribunal Act\ns 434 sub A2008-36 amdt 1.391\nPt 4.7 does not affect other remedies of complainant\ns 435 sub A2008-36 amdt 1.391\nReferral of questions of law to Supreme Court\ns 436 om A2008-36 amdt 1.391\n\nAppeals from disciplinary tribunal to Supreme Court\ns 437 am A2006-40 amdt 2.126\nContempt of disciplinary tribunal\ns 438 om A2008-36 amdt 1.391\nApplication of Criminal Code, ch 7\ns 439 om A2008-36 amdt 1.391\nPt 4.7 does not affect other remedies of complainant\ns 440 om A2008-36 amdt 1.391\nCompensation orders\ns 442 am A2008-36 amdt 1.392\nWhen compensation order can be made\ns 443 am A2008-36 amdt 1.393\nMaking of compensation orders\ns 444 am A2008-36 amdt 1.394\nDefinitions—pt 4.9\ns 447 def disciplinary action am A2007-28 s 234\nRegister of disciplinary action\ns 448 am A2007-28 s 235; ss renum R7 LA; A2008-36 amdt 1.395;\nA2014-17 amdt 1.84; A2021-3 s 22; ss renum R39 LA\nProtection against liability for publicising disciplinary action\ns 451 am A2014-17 amdt 1.85\nDisciplinary action taken because of infirmity, injury or illness\ns 452 am A2007-28 s 236\nPt 4.9 subject to court and tribunal orders\ns 454 am A2008-36 amdt 1.396\nProtocols for ch 4\ns 455 am A2025-29 amdt 4.112\nRequest to another jurisdiction to investigate complaint\ns 456 am A2008-36 amdt 1.397\nSharing of information with corresponding authorities\ns 458 sub A2007-28 s 237\nam A2008-36 amdt 1.398\nCooperation with corresponding authorities\ns 459 sub A2007-28 s 237\nFailure to comply with disciplinary orders\ns 464 sub A2008-36 amdt 1.399\n\nProtection for things done in administration of ch 4\ns 468 am A2007-28 s 238; A2008-36 amdt 1.400; A2014-17\namdt 1.86\nNon-compellability of certain witnesses\ns 469 am A2008-36 amdt 1.401\nSelf-incrimination and other privileges overridden for ch 4 proceedings\ns 471 am A2008-36 amdt 1.402\nDefinitions—ch 5\ns 473 def regulated property sub A2007-28 s 239\nPurpose—ch 5\ns 474 am A2007-28 s 240\nApplication of ch 5 to barristers\ns 476 am A2007-28 s 241\nApplication of ch 5 to Australian-registered foreign lawyers and former\ns 477 am A2007-28 s 242\nApplication of ch 5 to other people\ns 478 am A2022-14 amdt 3.160\nDecision about external intervention\ns 480 am A2007-28 s 243, s 244\nSupervisors of trust money\npt 5.3 hdg sub A2007-28 s 245\nAppointment of supervisor\ns 481 am A2007-28 ss 246-249\nNotice of appointment of supervisor\ns 482 am A2007-28 s 250\nEffect of service of notice of appointment of supervisor\ns 483 am A2007-28 ss 251-255\nRole of supervisor of trust money\ns 484 hdg sub A2007-28 s 256\ns 484 am A2007-28 s 257, s 258\nRecords of and dealing with trust money of law practice under supervision\ns 485 am A2022-14 amdt 3.161, amdt 3.162\nEnding of supervisor’s appointment\ns 486 am A2007-28 s 259, s 260; pars renum R7 LA\nAppointment of manager\ns 487 am A2022-14 amdt 3.163\n\nEffect of service of notice of appointment of manager\ns 489 am A2007-28 s 261, s 262\nRole of manager\ns 490 am A2007-28 s 263\nRecords and accounts of law practice under management and dealings with\ntrust money\ns 491 am A2022-14 amdt 3.164, amdt 3.165\nEnding of manager’s appointment\ns 493 am A2007-28 s 264; pars renum R7 LA\nAppointment of receiver\ns 494 am A2007-28 s 265\nNotice of appointment of receiver\ns 495 am A2007-28 s 266; pars renum R7 LA\nEffect of service of notice of appointment of receiver\ns 496 am A2007-28 s 267, s 268\nRole of receiver\ns 497 am A2007-28 s 269, s 270\nRecords and accounts of law practice under receivership and dealings with\ntrust money\ns 498 am A2022-14 amdt 3.166\nPower of receiver to require documents or information\ns 502 am A2007-28 ss 271-274; A2011-52 amdt 3.130; A2012-21\namdt 3.107; A2016-18 amdt 3.123, amdt 3.124\nLien for costs on regulated property\ns 504 am A2007-28 ss 275-277\nEnding of receiver’s appointment\ns 509 am A2007-28 s 278, s 279; ss renum R7 LA; A2008-28\namdt 3.105, amdt 3.106; A2022-14 amdt 3.166\nAppeal against appointment of supervisor or manager\ns 514 am A2006-40 amdt 2.127; A2022-14 amdt 3.166\nManager and receiver appointed for law practice\ns 515A ins A2007-28 s 280\nADI disclosure requirements\ns 516 sub A2007-28 s 281\nProvisions relating to requirements under this part\ns 519A ins A2007-28 s 282\nObstruction of external intervener\ns 519B ins A2007-28 s 282\n\nam A2022-14 amdt 3.167\nDefinitions—ch 6\ns 521 hdg sub A2009-47 s 6\ns 521 am A2009-47 s 6\nRequirements that may be imposed for investigations, examinations and\naudits under pt 3.1 and pt 2.6\ns 525 am A2007-28 s 283; A2011-52 amdt 3.130; A2012-21\namdt 3.108; A2016-18 amdt 3.125, amdt 3.126\nRequirements that may be imposed for investigations under ch 4\ns 526 am A2007-28 s 284; A2011-52 amdt 3.130; A2012-21\namdt 3.109; A2014-18 amdt 3.65; A2016-18\namdt 3.127-3.129\nProvisions relating to requirements under pt 6.2\ns 527 am A2007-28 s 285\nPower to enter premises\ns 530 am A2009-47 s 7, s 8; ss renum R18 LA; A2014-17\namdts 1.87-1.89\nPower to require name and address\ns 533 am A2009-49 amdt 3.104\nWarrants—application made other than in person\ns 536 am A2018-33 amdts 1.42-1.44\nSearch warrants—announcement before entry\ns 537 am A2022-14 amdt 3.168\nCompensation for exercise of enforcement powers\ns 549 am A2009-47 s 9, s 10\nObstruction of investigator\ns 555A ins A2007-28 s 286\nam A2022-14 amdt 3.169\nAdmissions board\nch 7 hdg sub A2009-20 amdt 3.121\nAdmissions board\npt 7.1 hdg om A2009-20 amdt 3.122\nDisciplinary tribunal\npt 7.2 hdg om A2008-36 amdt 1.403\nEstablishment of disciplinary tribunal\ns 563 om A2008-36 amdt 1.403\nFunctions of disciplinary tribunal\ns 564 om A2008-36 amdt 1.403\n\nMembers of disciplinary tribunal\ns 565 om A2008-36 amdt 1.403\nAppointment of judicial members of the disciplinary tribunal\ns 566 om A2008-36 amdt 1.403\nTerm of appointment of disciplinary tribunal member\ns 567 om A2008-36 amdt 1.403\nRole of disciplinary tribunal chair\ns 568 om A2008-36 amdt 1.403\nPresiding member of disciplinary tribunal\ns 569 om A2008-36 amdt 1.403\nConditions of appointment of judicial members\ns 570 om A2008-36 amdt 1.403\nEnding appointment of judicial members\ns 571 om A2008-36 amdt 1.403\nHow is a disciplinary tribunal constituted for application?\ns 572 om A2008-36 amdt 1.403\nLists of non-judicial members\ns 573 om A2008-36 amdt 1.403\nDisciplinary tribunal trust fund\ns 574 om A2008-36 amdt 1.403\nPurpose—pt 8.3\ns 578 am A2007-28 s 287\nRules for Australian legal practitioners and Australian-registered foreign\ndiv 8.3.2 hdg sub A2007-28 s 288\nRules for barristers\ns 579 am A2025-29 amdt 4.112\nRules for solicitors\ns 580 am A2025-29 amdt 4.112\nJoint rules for Australian legal practitioners\ns 581 am A2025-29 amdt 4.112\nSubject matter of legal profession rules\ns 582 am A2007-28 s 289\nPublic notice of proposed legal profession rules\ns 583 am A2009-20 amdt 3.123; A2015-33 amdt 1.136\nRules for incorporated legal practices and multidisciplinary partnerships\ns 584 am A2007-28 ss 290-292; A2025-29 amdt 4.112\n\nApproved forms—councils\ns 587 hdg am A2014-17 amdt 1.90\ns 587 am A2014-17 amdt 1.91; A2023-57 s 34; A2025-29\nProtection from liability\ns 587A ins A2007-28 s 293\nAssociates who are disqualified or convicted people\ns 589 am A2006-40 amdt 2.128; A2007-28 ss 294-297; ss renum\nR7 LA\nAmendment or discharge of injunctions\ns 592 am A2014-17 amdt 1.92\nMeaning of reviewable decision—ch 9\ns 598 sub A2008-36 amdt 1.404\nReviewable decision notices\ns 599 sub A2008-36 amdt 1.404\nApplications for review\ns 600 sub A2008-36 amdt 1.404\nMinister may determine fees\ns 601 am A2007-28 s 298; A2025-29 amdt 4.112\nRegulation-making power\ns 602 am A2006-28 s 299; ss renum R7 LA; A2012-21 amdt 3.110;\nA2025-29 amdt 4.112\nReview of Act\ns 603 exp 30 June 2011 (s 603 (2))\nTransitional\nch 10 hdg exp 1 July 2008 (s 619)\nDefinitions—ch 10\ns 604 exp 1 July 2008 (s 619)\nContinuing application of provisions of Legal Practitioners Act about trust\nmoney\ns 605 mod SL2006-37 s 36, s 37 (as ins SL2007-4 s 4)\nmod SL2006-37 s 37, s 38 (as ins SL2007-10 s 7)\nexp 1 October 2007 (s 605 (3) as mod SL2007-27 s 102)\nContinuing application of provisions of Legal Practitioners Act about costs\ns 606 mod SL2006-37 s 36, s 37 (as ins SL2006-49 s 4)\nmod SL2006-37 s 38, s 39 (as ins SL2007-4 s 4)\n\nmod SL2006-37 s 39, s 40 (as ins SL2007-10 s 7)\nam A2007-28 s 300\nexp 1 October 2007 (s 606 (3) as mod SL2007-27 s 104)\nCost disclosure\ns 607 mod SL2006-37 s 37 ( as ins SL2006-49 s 4)\nmod SL2006-37 s 40, s 41 (as ins SL2007-4 s 4)\nmod SL2006-37 s 41, s 42 (as ins SL2007-10 s 7)\nam A2007-28 s 301\nexp 1 July 2008 (s 619 (LA s 88 declaration applies))\nNotice for taxation of costs\ns 608 mod SL2006-37 s 37 ( as ins SL2006-49 s 4)\nmod SL2006-37 s 42 (as ins SL2007-4 s 4)\nmod SL2006-37 s 43 (as ins SL2007-10 s 7)\nexp 1 July 2008 (s 619)\nRoll of legal practitioners\ns 609 exp 1 July 2008 (s 619 (LA s 88 declaration applies))\nExisting legal practitioners\ns 610 exp 1 July 2008 (s 619 (LA s 88 declaration applies))\nPending applications for admission\ns 611 exp 1 July 2008 (s 619 (LA s 88 declaration applies))\nPending complaints before professional conduct board\ns 612 exp 1 July 2008 (s 619)\nPending complaints before bar council committee\ns 612A ins as mod SL2006-37 s 44 (as ins SL2007-10 s 7)\nNew complaints about old conduct\ns 613 exp 1 July 2008 (s 619)\nStatutory interest account\ns 614 exp 1 July 2008 (s 619)\nLegal profession rules\ns 615 exp 1 July 2006 (s 615 (8) (LA s 88 declaration applies))\nHIH insurance\ns 616 exp 1 July 2008 (s 619 (LA s 88 declaration applies))\n\nMortgage practices and managed investment schemes—old mortgages\ns 617 exp 1 July 2008 (s 619 (LA s 88 declaration applies))\nApplication of dictionary, definition of supervised legal practice\ns 617A ins as mod SL2006-37 s 45 (as ins SL2007-10 s 7)\nTransitional regulations\ns 618 exp 1 July 2008 (s 619)\nModification of Act, ch 10—Act, s 618\ns 618A ins as mod SL2007-27 mod 1.1 (as ins by SL2008-13 s 5)\nexp 1 July 2008 (s 619)\nExpiry—ch 10\ns 619 exp 1 July 2008 (s 619)\nRepeals and consequential amendments\nch 11 hdg om LA s 89 (3)\nLegislation repealed\ns 620 om LA s 89 (3)\nLegislation amended—sch 2\ns 621 om LA s 89 (3)\nTransitional—Justice and Community Safety Legislation Amendment\nAct 2014\nch 12 hdg ins A2014-17 amdt 1.93\nDefinitions—ch 12\ns 622 ins A2014-17 amdt 1.93\ndef commencement day ins A2014-17 amdt 1.93\ndef licensing body ins A2014-17 amdt 1.93\nPending applications for grant or renewal of practising certificate or\nregistration\ns 623 ins A2014-17 amdt 1.93\nBar council taken to be decision-maker\ns 624 ins A2014-17 amdt 1.93\nExpiry—ch 12\ns 625 ins A2014-17 amdt 1.93\n\nTransitional—Justice and Community Safety Legislation Amendment\nAct 2026\nch 13 hdg ins A2026-4 s 31\nIncreases in maximum fines\ns 626 ins A2026-4 s 31\nExpiry—ch 13\ns 627 ins A2026-4 s 31\nLegal profession rules\nsch 1 exp 1 July 2006 (s 615 (8))\nConsequential amendments\nsch 2 om LA s 89 (3)\nHIH provisions\nsch 3 exp 1 July 2008 (s 619 (LA s 88 declaration applies))\nMortgage practices and managed investment schemes—provisions about\nold mortgages\nsch 4 exp 1 July 2008 (s 619 (LA s 88 declaration applies))\ndict am A2008-36 amdt 1.405; A2009-20 amdt 3.124; A2009-49\namdt 3.105; A2012-21 amdt 3.111; A2015-33 amdt 1.137,\namdt 1.138; A2016-13 amdt 1.91;A2016-52 amdt 1.116;\nA2022-14 amdt 3.170\ndef ACAT trust account ins A2008-37 amdt 1.293\ndef associated third party payer ins A2007-28 s 302\nsub A2011-52 amdt 3.122\ndef Chapter 5 body corporate ins A2021-3 s 23\ndef client sub A2007-28 s 303\nam A2011-52 amdt 3.123; pars renum R23 LA\ndef commercial legal presence om A2007-28 s 305\ndef complaint investigation ins A2009-47 s 11\ndef compliance certificate sub A2011-52 amdt 3.124\ndef conditional costs agreement am A2007-28 s 304\ndef contributory om A2011-52 amdt 3.125\ndef contributory mortgage ins A2011-52 amdt 3.125\ndef corresponding disciplinary body am A2008-36\namdt 1.406\ndef costs agreement am A2007-28 s 304\ndef costs assessment ins A2007-28 s 306\ndef costs review om A2007-28 s 306\ndef deposit record ins A2011-52 amdt 3.126\ndef disbursements am A2007-28 s 307\n\ndef disciplinary tribunal om A2008-36 amdt 1.407\ndef disciplinary tribunal trust account om A2008-37\namdt 1.294\ndef disqualified person sub A2007-28 s 308\ndef government agency ins A2008-29 amdt 1.27\ndef government lawyer ins A2007-28 s 309\nsub A2008-29 amdt 1.28\ndef ILP compliance audit ins A2009-47 s 13\ndef insurable barrister ins A2011-52 amdt 3.126\ndef insurable legal practitioner ins A2011-52 amdt 3.126\ndef insurable solicitor ins A2011-52 amdt 3.126\ndef investigator sub A2009-47 s 12\ndef judicial member om A2008-36 amdt 1.407\ndef licensing body om A2014-17 amdt 1.94\ndef litigious matter am A2007-28 s 310\ndef lump sum bill am A2007-28 s 310\ndef non-associated third party payer ins A2007-28 s 311\ndef non-judicial member om A2008-36 amdt 1.407\ndef occupier am A2011-52 amdt 3.127\ndef official complaint am A2011-52 amdt 3.128\ndef public authority ins A2011-52 amdt 3.129\ndef related body corporate sub A2017-14 s 37\ndef relevant council sub A2014-17 amdt 1.95\ndef reviewable decision ins A2008-36 amdt 1.408\ndef scale of costs am A2007-28 s 312\ndef show-cause event am A2021-3 s 24; pars renum R39 LA\ndef sole practitioner am A2022-14 amdt 3.171\ndef sophisticated client ins A2007-28 s 313\ndef supervised legal practice am A2007-28 s 314; pars\nrenum R7 LA\ndef third party payer ins A2007-28 s 315\ndef trust account examination ins A2009-47 s 13\ndef trust account investigation ins A2009-47 s 13\ndef trust money sub A2007-28 s 316\ndef uplift fee am A2007-28 s 317\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 July 2006-\nnot amended new Act\n2 July 2006–\n28 Sept 2006\nnot amended commenced expiry\n29 Sept 2006\n29 Sept 2006–\n30 Nov 2006\nA2006-40 amendments by\nA2006-40\n1 Dec 2006\n1 Dec 2006–\n26 Feb 2007\nSL2006-49 modifications by\nSL2006-49\n27 Feb 2007\n27 Feb 2007–\nSL2007-4 modifications by\nSL2007-4\n18 May 2007–\n30 Sept 2007\nSL2007-10 modifications by\nSL2007-10\n1 Oct 2007\n1 Oct 2007–\n1 Oct 2007\nA2007-28 amendments by\nA2007-28 and\nSL2007-27\n2 Oct 2007\n2 Oct 2007–\n2 Oct 2007\nA2007-28 commenced expiry\n3 Oct 2007\n3 Oct 2007–\n26 Dec 2007\nA2007-28 commenced expiry\n27 Dec 2007\n27 Dec 2007–\n31 Mar 2008\nA2007-39 amendments by\nA2007-39\n\nEarlier republications 5\nfor\n1 Apr 2008\n1 Apr 2008–\nSL2008-13 modification by\nSL2007-27 as\nSL2008-13\n2 July 2008–\n25 Aug 2008\nSL2008-13 commenced expiry\n26 Aug 2008\n26 Aug 2008–\n26 Aug 2008\nA2008-29 amendments by\nA2008-28\n27 Aug 2008\n27 Aug 2008–\n1 Feb 2009\nA2008-29 amendments by\nA2008-29\nR15*\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nA2008-37 amendments by\nA2008-36 and\nA2008-37\n22 Sept 2009\n22 Sept 2009–\n30 Oct 2009\nA2009-20 amendments by\nA2009-20\n31 Oct 2009\n31 Oct 2009–\n25 Nov 2009\nSL2009-51 modifications by\nSL2009-2 as am by\nSL2009-51\n26 Nov 2009\n26 Nov 2009–\n16 Dec 2009\nA2009-49 amendments by\nA2009-47\n17 Dec 2009\n17 Dec 2009–\n21 Dec 2009\nA2009-49 amendments by\nA2009-49\n22 Dec 2009\n22 Dec 2009–\n20 Dec 2010\nA2009-54 amendments by\nA2009-54\n21 Dec 2010\n21 Dec 2010–\nA2010-50 amendments by\nA2010-50\nR22*\n1 July 2011–\n11 Dec 2011\nA2010-50 expiry of provision\n(s 603)\n12 Dec 2011\n12 Dec 2011–\nA2011-52 amendments by\nA2011-52\n5 June 2012–\n3 Apr 2013\nA2012-21 amendments by\nA2012-21\n4 Apr 2013\n4 Apr 2013–\nA2013-11 amendments by\nA2013-11\n\nfor\n10 June 2014–\nA2014-18 amendments by\nA2014-18\nR27*\n12 June 2014–\nA2014-18 amendments by\nA2014-17\nR28*\n21 May 2015–\n13 Oct 2015\nA2015-11 amendments by\nA2015-11\n14 Oct 2015\n14 Oct 2015–\n31 Mar 2016\nA2015-33 amendments by\nA2015-33\n1 Apr 2016\n1 Apr 2016–\n26 Apr 2016\nA2016-13 amendments by\nA2016-13\n27 Apr 2016\n27 Apr 2016–\n12 Jun 2016\nA2016-18 amendments by\nA2016-18\n13 Jun 2016\n13 Jun 2016–\n28 Jun 2016\nA2016-18 expiry of\ntransitional\nprovisions (ch 12)\n29 June 2016–\n31 Aug 2016\nA2016-37 amendments by\nA2016-37\n1 Sept 2016\n1 Sept 2016–\nA2016-52 amendments by\nA2016-52\n24 May 2017–\n15 Nov 2017\nA2017-14 amendments by\nA2017-14\n16 Nov 2017\n16 Nov 2017–\n22 Oct 2018\nA2017-38 amendments by\nA2017-38\n23 Oct 2018\n23 Oct 2018–\n21 Nov 2018\nA2018-33 amendments by\nA2018-33\n22 Nov 2018\n22 Nov 2018–\n25 Feb 2021\nA2018-42 amendments by\nA2018-42\nR39 (RI)\n26 Feb 2021–\nA2021-3 amendments by\nA2021-3\n\nEarlier republications 5\nfor\nR40 (RI)\n1 July 2022–\n23 Aug 2022\nA2022-8 amendments by\nA2022-8\nR41 (RI)\n24 Aug 2022–\n11 Dec 2023\nA2022-14 amendments by\nA2022-14\n12 Dec 2023\n12 Dec 2023–\n25 Nov 2025\nA2023-57 amendments by\nA2023-57\n26 Nov 2025\n26 Nov 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":602}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":819},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"This appears to be a standard republication of the Legal Profession Act 2006 with amendments. The scope remains consistent with the original purpose of regulating legal practice in the ACT. The 2026 amendments (A2026-4) appear to be routine updates including increases to maximum fines (Chapter 13), which does not represent a significant expansion beyond the Act's original regulatory purpose."},"complexity_factors":["Extensive length with 600+ sections across 9 chapters plus schedules","Multiple overlapping regulatory schemes (admission, practising certificates, trust accounts, discipline, insurance, fidelity cover)","Numerous defined terms with layered definitions (e.g., 'Australian lawyer', 'Australian legal practitioner', 'local legal practitioner', 'interstate legal practitioner')","Extensive cross-referencing between chapters and to corresponding laws of other jurisdictions","Conditional logic with multiple exceptions and exemptions (e.g., government lawyers, community legal centres, foreign lawyers)","Nested administrative procedures with show-cause events, appeals, and review mechanisms","Inter-jurisdictional provisions requiring coordination with other states and territories","Detailed technical requirements for trust accounting and financial management","Multiple professional bodies with overlapping functions (Admissions Board, Law Society Council, Bar Council)","Relationship provisions with Commonwealth Corporations Act creating complex interactions"],"plain_english_summary":"This is the **Legal Profession Act 2006** (ACT), a comprehensive law that regulates who can practise law in the Australian Capital Territory and how they must conduct themselves.\n\n**What it does:**\n\nThe Act creates a complete system for regulating lawyers and legal services in the ACT. It covers:\n\n- **Admission to the profession** — sets out who can become a lawyer (need proper qualifications, practical training, and be a \"fit and proper person\"), with the Supreme Court making final decisions and an Admissions Board handling assessments\n\n- **Practising certificates** — lawyers must hold a current certificate to practise, with different types for solicitors, barristers, and restricted practice; the Law Society Council and Bar Council grant and renew these\n\n- **Who can do legal work** — generally only Australian legal practitioners can practise law or hold themselves out as entitled to do so; there are criminal penalties for unqualified practice\n\n- **Business structures** — allows \"incorporated legal practices\" (law firms as companies) and \"multidisciplinary partnerships\" (lawyers partnering with non-lawyers), with special rules to ensure lawyers remain professionally responsible\n\n- **Foreign lawyers** — overseas-registered lawyers can register to practise foreign law in the ACT, but cannot practise Australian law or appear in court\n\n- **Trust money** — strict rules requiring lawyers to keep client money separate in trust accounts, with regular external examinations and investigations\n\n- **Costs and billing** — requirements for disclosing costs to clients, written costs agreements, and a system for assessing whether bills are fair\n\n- **Insurance and fidelity cover** — mandatory professional indemnity insurance for most practitioners, and a fidelity fund to compensate clients if lawyers misappropriate money\n\n- **Complaints and discipline** — a system for investigating complaints about lawyers, with the ACT Civil and Administrative Tribunal (ACAT) able to impose fines, suspend or cancel certificates, and make compensation orders\n\n- **External intervention** — powers to appoint supervisors, managers or receivers to take over law practices in serious trouble\n\n**Who it affects:**\nAnyone practising law in the ACT, anyone wanting to become a lawyer, clients using legal services, and the professional bodies (Law Society and Bar Council) that administer parts of the scheme.\n\n**Why it matters:**\nThe Act protects the public by ensuring only qualified, suitable people practise law; safeguards client money through strict trust account rules; provides compensation if things go wrong; and maintains professional standards through a comprehensive discipline system. It also facilitates national practice by recognising lawyers admitted in other Australian jurisdictions."}},"importantCases":[],"_links":{"self":"/api/acts/legal-profession-act-2006","history":"/api/acts/legal-profession-act-2006/history","analysis":"/api/acts/legal-profession-act-2006/analysis","conflicts":"/api/acts/legal-profession-act-2006/conflicts","importantCases":"/api/acts/legal-profession-act-2006/important-cases","documents":"/api/acts/legal-profession-act-2006/documents"}}