{"id":"sl-2026-1","name":"Legal Profession (Barristers) Rules 2026","slug":"legal-profession-barristers-rules-2026","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"1 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173426,"registerId":"act-sl-2026-1-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legal Profession (Barristers) Rules 2026","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLegal Profession (Barristers) Rules 2026\nSubordinate law SL2026–1\nmade under the\nLegal Profession Act 2006, s 579 (Rules for barristers)\n1 Name of instrument\nThis instrument is the Legal Profession (Barristers) Rules 2026.\n2 Commencement\nThis instrument commences on the day after it is notified.\n3 Making of rules\nThe Council of the Australian Capital Territory Bar Association makes the attached Legal\nProfession (Barristers) Rules 2026.\n4 Revocation\nThis instrument revokes the Legal Profession (Barristers) Rules 2021 [SL2021-5].\nPrue Bindon\nPresident for the Australian Capital Territory Bar Association\n15 January 2026\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au2\nLegal Profession (Barristers) Rules 2026\nSubordinate law SL2026–1\nmade under the\nLegal Profession Act 2006, s 579 (Rules for barristers)\nContents\nPREAMBLE……………………………………………………………………………………….. 4\nINTRODUCTION & INTERPRETATION………………………………………....................... 5\nADVOCACY RULES …………………………………………………………………….............. 8\nDuty to client………………………………………………………………………....................................... 8\nDisinterestedness…………………………………………………………………………………................. 8\nFrankness in court………………………………………………………………………............................... 9\nDelinquent or guilty clients………………………………………………………………………................10\nResponsible use of court process and privilege…………………………………………………………….11\nEfficient administration of Justice………………………………………………………………………….11\nIntegrity of evidence………………………………………………………………………………………..12\nDuty to opponent……………………………………….………………………………………………….. 12\nIntegrity of hearings…………………………………………………………………….............................. 14\nProsecutor's duties………………………………………………………………………………… 15\nOPINIONS…………………………………………………………………………………………17\nBARRISTERS' WORK………………………………………………………….......................... 17\nReferral to solicitor……………………………………………………………………................................19\nDisclosure to direct access client………………………………………………………………………...... 19\nSOLE PRACTITIONER RULES………………………………………………………………..19\nThird-line forcing…………………………………………………………………………………………..20\nCAB-RANK RULES & BRIEFS………………………………………………………………...20\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3\nCab-rank principle………………………………………………………………………………………… 20\nBriefs which must be refused………………………………………………………………………………20\nBriefs which may be refused……………………………………………………………………………….22\nReturn of briefs……………………………………………………………………………………………. 23\nCONFIDENTIALITY AND CONFLICTS……………………………………………………..25\nREADING…………………………………………………………………………………………27\nCONTINUING PROFESSIONAL DEVELOPMENT (CPD)…………………………………27\nDISCLOSURE OBLIGATIONS…………………………………………………………………27\nDIRECT CLIENT ACCESS……………………………………………………………………..28\nADVERTISING…………………………………………………………………………………..28\nSPECIALISATION………………………………………………………………………………28\nDISCRIMINATION AND SEXUAL HARASSMENT………………………………………...29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au4\nPREAMBLE\nThese Rules are made in the belief that:\n1. The administration of justice is best served by reserving the practice of law to officers of the\nSupreme Court who owe their paramount duty to the administration of justice.\n2. As legal practitioners, barristers must maintain high standards of professional conduct.\n3. The role of barristers as specialist advocates in the administration of justice requires them to\nact honestly, fairly, skilfully, diligently and fearlessly.\n4. Barristers owe duties to the courts, to other bodies and persons before whom they appear, to\ntheir clients, and to their barrister and solicitor colleagues.\n5. Barristers should exercise their forensic judgements and give their advice independently and\nfor the proper administration of justice, notwithstanding any contrary desires of their clients.\n6. The provision of advocates for those who need legal representation is better secured if there\nis a Bar whose members:\n(a) must accept briefs to appear regardless of their personal prejudices;\n(b) must not refuse briefs to appear except on proper professional grounds; and\n(c) compete as specialist advocates with each other and with other legal practitioners as\nwidely and as often as practicable.\n7. Barristers should be free to choose how they lawfully practise as barristers except only in\nthose cases where the unchecked exercise of that freedom would threaten harm to the greater\npublic interest that barristers' conduct be honourable, diligent, especially skilled,\ndisinterested and competitive and that access to barristers' services be enhanced.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5\nINTRODUCTION & INTERPRETATION\n8. These Rules are made by the Bar Council. They may be cited as the ACT Barristers’ Rules.\n9. These Rules are not, and should not be read as if they were, a complete or detailed code of\nconduct for barristers. Other standards for, requirements of and sanctions on the conduct of\nbarristers are found in the inherent disciplinary jurisdiction of the Supreme Court and in the\ngeneral law (including the law relating to contempt of court).\n10. These Rules should be read and applied so as most effectively to attain the objects and uphold\nthe values expressed in their Preamble.\n11. General provisions of these Rules should not be read or applied in a limited way by reason\nof any particular or illustrative provisions.\n12. Headings in these Rules shall be read as part of these Rules, but shall not be used so as to\nread or apply any of the Rules in a more limited way than would have been so if the headings\nwere not part of the Rules.\n13. These Rules are not to be read by reference to any former rules made by the Bar Association,\nwhether or not the substance of any such rule is reflected in any of these Rules.\n14. Barristers who are employed by a government or by an office or body created by statute, and\nwho have been accepted by the Bar Council as members of the Bar Association, while acting\npursuant to that employment, are not bound by Rules 74-92, Rule 115, or Rule 121.\n15. Unless the context requires otherwise, the following expressions are defined as follows when\nused in these Rules:\n“allege” includes conduct constituted by settling, or opening on\npleadings or affidavits, or witness statements, and reading\nor tendering affidavits or witness statements filed or\nprepared for the client (whether or not they were drawn or\nsettled by the barrister).\n“alternative dispute resolution” includes, but is not limited to mediation, arbitration, and\ncollaborative lawyering.\n“Bar Association” means the Australian Capital Territory Bar Association.\n“Bar Council” means the Council of the Bar Association.\n“barrister\" means a member of the Bar Association whose name is on\nthe Roll of Legal Practitioners of the Supreme Court of the\nACT and who practises in the ACT as a barrister only.\n“barristers' work\" means work permitted by Rule 74.\n“case” means the litigation or proceedings in which the barrister in\nquestion is briefed to appear, or the dispute in which the\nbarrister is advising, as the case may be.\n“client” means the client of the barrister in question, and includes a\nprofessional acting as such, and in Rules 32, 34 and 46\nincludes those officers, servants or agents of a client which\nis not a natural person who are responsible for or involved\nin giving instructions on behalf of the client.\n“compromise” includes any form of settlement of the case, whether\npursuant to a formal offer under the rules or procedure of a\ncourt, or otherwise.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au6\n“court” means any body described as such and all other judicial\ntribunals, and, except in Rule 4, all statutory tribunals, and,\nexcept in Rules 4 and 87(j), all investigations and inquiries\nestablished by statute or by the Legislative Assembly,\nRoyal Commissions, arbitrations and mediations.\n“criminal proceedings” includes disciplinary proceedings, in which context other\nexpressions appropriate to criminal proceedings include\ncorresponding meanings appropriate to disciplinary\nproceedings and in particular \"a serious criminal offence\"\nincludes a disciplinary shortcoming which, if proved,\ninvolves the serious possibility of suspension or\nderegistration (or the equivalent).\n“current proceedings” means proceedings which have not been determined,\nincluding proceedings in which there is still the real\npossibility of an appeal or other challenge to a decision\nbeing filed, heard or decided.\n“fee” includes any payment for the reimbursement of expenses.\n“forensic judgments” do not include decisions as to the commencement of\nproceedings, the joinder of parties, admissions or\nconcessions of fact, amendments of pleadings or\nundertakings to a court, or in criminal proceedings as to a\nplea, but do include advice given to assist the client or the\ninstructing solicitor to make such decisions.\n“instructing solicitor” means the solicitor from whom the barrister in question has\naccepted a brief or who is instructing that barrister in that\nbrief, as the case may be, but does not include a solicitor\nappearing with the barrister as a joint advocate.\n“insurance company” in Rule 55 includes any entity, whether statutory or\notherwise, which performs the function of indemnifying in\nany way civil defendants.\n“legal advice” includes assistance at or presiding over meetings.\n“member” of a court, in Rule 87(j), does not include the holder of an\nacting commission or appointment.\n“opponent” means the legal practitioner appearing for the party opposed\nto the client, or the party opposed to the client if that party\nis unrepresented.\n“order” includes a judgment, decision or determination.\n“professional” when used as a noun means a person actively engaged in an\noccupation generally recognised as being a profession, and\nincludes accountants, architects, doctors, engineers,\nsurveyors, town planners and valuers.\n“prosecutor” means a barrister who appears for the complainant or\nCrown in criminal proceedings.\n“reader” means a person who has applied to be a barrister and who:-\n(a) is admitted as a legal practitioner; and\n(b) has passed, within a 10 month period of applying to be\na barrister, each of the Bar Exams; and\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7\n(c) has not, during any part of the 36 month period prior to\napplying, held an unrestricted barrister’s certificate.\n“reading period” means the period commencing on the day the reader’s\npractising certificate is issued and continuing for 12 months\nfrom that day or for a longer time as determined by the Bar\nCouncil.\n“reading program” means a program of instruction for a reader approved by the\nBar Council.\n“representative” means the barrister or, if no barrister, the solicitor who is\nretained by the party in question.\n“Senior Counsel” means and includes senior counsel appointed as such in\naccordance with Rule 114, senior counsel appointed as such\nin other states and territories pursuant to a similar\nprocedure, and Her Majesty's Counsel for the ACT and for\nother states and territories of the Commonwealth.\n“tutor” has the meaning in Rule 112.1.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au8\nADVOCACY RULES\nDuty to client\n16. A barrister must seek to advance and protect the client's interests to the best of the barrister's\nskill and diligence, uninfluenced by the barrister's personal view of the client or the client's\nactivities, and notwithstanding any threatened unpopularity or criticism of the barrister or\nany other person, and always in accordance with the law including these Rules.\n17. A barrister must seek to assist the client to understand the issues in the case and the client's\npossible rights and obligations, if the barrister is instructed to give advice on any such matter,\nsufficiently to permit the client to give proper instructions, particularly in connection with\nany compromise of the case.\n17A. A barrister must inform the client or the instructing solicitor about the alternatives to fully\ncontested adjudication of the case which are reasonably available to the client, unless the\nbarrister believes on reasonable grounds that the client already has such an understanding of\nthose alternatives as to permit the client to make decisions about the client’s best interests in\nrelation to the litigation.\n17B. A barrister must (unless circumstances warrant otherwise in the barrister’s considered\nopinion) advise a client who is charged with a criminal offence about any law, procedure or\npractice which in substance holds out the prospect of some advantage (including diminution\nof penalty), if the client pleads guilty or authorises other steps towards reducing the issues,\ntime, cost or distress involved in the proceedings.8\nDisinterestedness\n18. A barrister must not act as the mere mouthpiece of the client or of the instructing solicitor\nand must exercise the forensic judgements called for during the case independently, after\nappropriate consideration of the client's and the instructing solicitor's desires where\npracticable.\n19. A barrister will not have breached the barrister's duty to the client, and will not have failed\nto give reasonable consideration to the client's or the instructing solicitor's desires, simply by\nchoosing, contrary to those desires, to exercise the forensic judgements called for during the\ncase so as to:\n(a) confine any hearing to those issues which the barrister believes to be the real issues;\n(b) present the client's case as quickly and simply as may be consistent with its robust\nadvancement; or\n(c) inform the court of any persuasive authority against the client's case.\n20. A barrister must not make submissions or express views to a court on any material evidence\nor material issue in the case in terms which convey or appear to convey the barrister's\npersonal opinion on the merits of that evidence or issue.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9\nFrankness in court\n21. A barrister must not knowingly make a misleading statement to a court on any matter.\n22. A barrister must take all necessary steps to correct any misleading statement made by the\nbarrister to a court as soon as possible after the barrister becomes aware that the statement\nwas misleading.\n23. A barrister must take all necessary steps to correct any express concession made to the court,\nin civil proceedings by the opponent in relation to any material fact, case-law or legislation:\n(a) only if the barrister knows or believes on reasonable grounds that it was contrary to\nwhat should be regarded as the true facts or the correct state of the law;\n(b) only if the barrister believes the concession was an error; and\n(c) not (in the case of a concession of fact) if the client’s instructions to the barrister\nsupport the concession.\n24. A barrister seeking any interlocutory relief in an ex parte application must disclose to the\ncourt all matters which:\n(a) are within the barrister's knowledge;\n(b) are not protected by legal professional privilege; and\n(c) the barrister has reasonable grounds to believe would support an argument against\ngranting the relief or limiting its terms adversely to the client.\n24A. A barrister who has knowledge of matters which are within Rule 24(c):\n(a) must seek instructions for the waiver of legal professional privilege if the matters are\nprotected by that privilege, so as to permit the barrister to disclose those matters\nunder Rule 24; and\n(b) if the client does not waive the privilege as sought by the barrister:\n(i) must inform the client of the client's responsibility to authorise such\ndisclosure and the possible consequences of not doing so; and\n(ii) must inform the court that the barrister cannot assure the court that all\nmatters which should be disclosed have been disclosed to the court.\n25. A barrister must, at the appropriate time in the hearing of the case and if the court has not yet\nbeen informed of that matter, inform the court of:\n(a) any binding authority;\n(b) any authority decided by the Full Court of the Federal Court of Australia, a Court of\nAppeal of a Supreme Court or a Full Court of a Supreme Court;\n(c) any authority on the same or materially similar legislation as that in question in the\ncase, including any authority decided at first instance in the Federal Court or a\nSupreme Court, which has not been disapproved; or\n(d) any applicable legislation;\nwhich the barrister has reasonable grounds to believe to be directly in point, against the\nclient's case.\n26. A barrister need not inform the court of matters within Rule 25 at a time when the opponent\ntells the court that the opponent's whole case will be withdrawn or the opponent will consent\nto final judgment in favour of the client, unless the appropriate time for the barrister to have\ninformed the court of such matters in the ordinary course has already arrived or passed.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au10\n27. A barrister who becomes aware of a matter within Rule 25 after judgment or decision has\nbeen reserved and while it remains pending, whether the authority or legislation came into\nexistence before or after argument, must inform the court of that matter by:\n(a) a letter to the court, copied to the opponent, and limited to the relevant reference\nunless the opponent has consented beforehand to further material in the letter; or\n(b) requesting the court to re-list the case for further argument on a convenient date,\nafter first notifying the opponent of the intended request and consulting the opponent\nas to the convenient date for further argument.\n28. A barrister need not inform the court of any matter otherwise within Rule 25 which would\nhave rendered admissible any evidence tendered by the prosecution which the court has ruled\ninadmissible without calling on the prosecution or the defence.\n29. A barrister will not have made a misleading statement to a court simply by failing to disclose\nfacts known to the barrister concerning the client's character or past, when the barrister makes\nother statements concerning those matters to the court, and those statements are not\nthemselves misleading.\n30. A barrister who knows or suspects that the prosecution is unaware of the client's previous\nconviction must not ask a prosecution witness whether there are previous convictions, in the\nhope of a negative answer.\n31. A barrister must inform the court in civil proceedings of any misapprehension by the court\nas to the effect of an order which the court is making, as soon as the barrister becomes aware\nof the misapprehension.\nDelinquent or guilty clients\n32. A barrister whose client informs the barrister, during a hearing or after judgment or decision\nis reserved and while it remains pending, that the client has lied to the court or procured\nanother person to lie to the court or has falsified or procured another person to falsify in any\nway a document which has been tendered:\n(a) must refuse to take any further part in the case unless the client authorises the\nbarrister to inform the court of the lie or falsification;\n(b) must promptly inform the court of the lie or falsification upon the client authorising\nthe barrister to do so; but\n(c) must not otherwise inform the court of the lie or falsification.\n33. A barrister briefed to appear in criminal proceedings whose client confesses guilt to the\nbarrister but maintains a plea of not guilty:\n(a) may return the brief, if there is enough time for another legal practitioner to take over\nthe case properly before the hearing, and the client does not insist on the barrister\ncontinuing to appear for the client;\n(b) in cases where the barrister keeps the brief for the client:\n(i) must not falsely suggest that some other person committed the offence\ncharged;\n(ii) must not set up an affirmative case inconsistent with the confession; but\n(iii) may argue that the evidence as a whole does not prove that the client is guilty\nof the offence charged; and\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11\n(iv) may argue that for some reason of law the client is not guilty of the offence\ncharged.\n(v) may argue that for any other reason not prohibited by (i) and (ii) the client\nshould not be convicted of the offence charged.\n34. A barrister whose client informs the barrister that the client intends to disobey a court's order\nmust:\n(a) advise the client against that course and warn the client of its dangers;\n(b) not advise the client how to carry out or conceal that course; but\n(c) not inform the court or the opponent of the client's intention unless:\n(i) the client has authorised the barrister to do so beforehand; or\n(ii) the barrister believes on reasonable grounds that the client's conduct\nconstitutes a threat to any person's safety.\nResponsible use of court process and privilege\n35. A barrister must, when exercising the forensic judgements called for throughout a case, take\ncare to ensure that decisions by the barrister or on the barrister's advice to invoke the coercive\npowers of a court or to make allegations or suggestions under privilege against any person:\n(a) are reasonably justified by the material then available to the barrister;\n(b) are appropriate for the robust advancement of the client's case on its merits;\n(c) are not made principally in order to harass or embarrass the person; and\n(d) are not made principally in order to gain some collateral advantage for the client or\nthe barrister or the instructing solicitor out of court.\n36. A barrister must not allege any matter of fact in:\n(a) any court document settled by the barrister;\n(b) any submission during any hearing;\n(c) the course of an opening address; or\n(d) the course of a closing address or submission on the evidence;\nunless the barrister believes on reasonable grounds that the factual material already available\nprovides a proper basis to do so.\n37. A barrister must not allege any matter of fact amounting to criminality, fraud or other serious\nmisconduct against any person unless the barrister believes on reasonable grounds that:\n(a) available material by which the allegation could be supported provides a proper basis\nfor it; and\n(b) the client wishes the allegation to be made, after having been advised of the\nseriousness of the allegation and of the possible consequences for the client and the\ncase if it is not made out.\n38. A barrister must not make a suggestion in cross-examination on credit unless the barrister\nbelieves on reasonable grounds that acceptance of the suggestion would diminish the\nwitness’s credibility.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au12\n39. A barrister may regard the opinion of the instructing solicitor that material which is available\nto the solicitor is credible, being material which appears to the barrister from its nature to\nsupport an allegation to which Rules 36, 37 and 38 apply, as a reasonable ground for holding\nthe belief required by those rules (except in the case of a closing address or submission on\nthe evidence).\n40. A barrister must make reasonable enquiries to the extent which is practicable before the\nbarrister can have reasonable grounds for holding the belief required by Rule 38(a), unless\nthe barrister has received and accepted an opinion from the instructing solicitor within Rule\n39.\nEfficient administration of justice\n41. A barrister must seek to ensure that:\n(a) the barrister does work which the barrister is briefed to do, whether expressly or\nimpliedly, specifically or generally, in relation to steps to be taken by or on behalf\nof the client, in sufficient time to enable compliance with orders, directions, rules or\npractice notes of the court; and\n(b) warning is given to the instructing solicitor or the client, and to the opponent, as\nsoon as the barrister has reasonable grounds to believe that the barrister may not\ncomplete any such work on time.13\n42. A barrister must seek to ensure that work which the barrister is briefed to do in relation to a\ncase is done so as to:\n(a) confine the case to identified issues which are genuinely in dispute;\n(b) have the case ready to be heard as soon as practicable;\n(c) present the identified issues in dispute clearly and succinctly;\n(d) limit evidence, including cross-examination, to that which is reasonably necessary\nto advance and protect the client’s interest which are at stake in the case; and\n(e) occupy as short a time in court as is reasonably necessary to advance and protect the\nclient’s interests which are at stake in the case.\n42A. A barrister must take steps to inform the opponent as soon as possible after the barrister has\nreasonable grounds to believe that there will be an application on behalf of the client to\nadjourn any hearing, of that fact and the grounds of the application, and must try, with the\nopponent’s consent, to inform the court of that application promptly.\nIntegrity of evidence\n43. A barrister must not suggest or condone another person suggesting in any way to any\nprospective witness (including a party or the client) the content of any particular evidence\nwhich the witness should give at any stage in the proceedings.\n44. A barrister will not have breached Rule 43 by expressing a general admonition to tell the\ntruth, or by questioning and testing in conference the version of evidence to be given by a\nprospective witness, including drawing the witness's attention to inconsistencies or other\ndifficulties with the evidence, but must not coach or encourage the witness to give evidence\ndifferent from the evidence which the witness believes to be true.\n45. Deleted.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13\n46. A barrister must not confer with, or condone another legal practitioner conferring with, more\nthan one lay witness (including a party or client) at the same time, about any issue:\n(a) as to which there are reasonable grounds for the barrister to believe it may be\ncontentious at a hearing; and\n(b) which could be affected by, or could affect, evidence to be given by any of those\nwitnesses;\nunless the barrister believes on reasonable grounds that special circumstances require such a\nconference.\n47. A barrister will not have breached Rule 46 by conferring with, or condoning another legal\npractitioner conferring with, more than one client about undertakings to a court, admissions\nor concessions of fact, amendments of pleadings or compromise.\n48. A barrister must not confer with any witness (including a party or client) called by the\nbarrister on any matter related to the proceedings while that witness remains under cross-\nexamination, unless:\n(a) the cross-examiner has consented beforehand to the barrister doing so; or\n(b) the barrister:\n(i) believes on reasonable grounds that special circumstances (including the\nneed for instructions on a proposed compromise) require such a conference;\n(ii) has, if possible, informed the cross-examiner beforehand of the barrister's\nintention to do so; and\n(iii) otherwise does inform the cross-examiner as soon as possible of the barrister\nhaving done so.\n49. A barrister must not take any step to prevent or discourage prospective witnesses or witnesses\nfrom conferring with the opponent or being interviewed by or on behalf of any other person\ninvolved in the proceedings.\n50. A barrister will not have breached Rule 49 simply by telling a prospective witness or a\nwitness that witness need not agree to confer or to be interviewed.\nDuty to opponent\n51. A barrister must not knowingly make a false statement to the opponent in relation to the case\n(including its compromise).\n52. A barrister must take all necessary steps to correct any false statement unknowingly made\nby the barrister to the opponent as soon as possible after the barrister becomes aware that the\nstatement was false.\n53. A barrister will not have made a false statement to the opponent simply by failing to correct\nan error on any matter stated to the barrister by the opponent.\n54. A barrister must not deal directly with the opponent's client unless:\n(a) the opponent has previously consented;\n(b) the barrister believes on reasonable grounds that:\n(i) the circumstances are so urgent as to require the barrister to do so; and\n(ii) the dealing would not be unfair to the opponent's client; or\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au14\n(c) the substance of the dealing is solely to enquire whether the person is represented\nand, if so, by whom.\n55. A barrister must not confer with or deal directly with the party opposed to the client unless:\n(a) the party, not being indemnified by an insurance company which is actively engaged\nin contesting the proceedings, is unrepresented and has signified willingness to that\ncourse; or\n(b) the party, being indemnified by an insurance company which is actively engaged in\ncontesting the proceedings, is otherwise unrepresented and the barrister:\n(i) has no reasonable grounds to believe that any statements made by the party\nto the barrister may harm the party's interests under the insurance policy; or\n(ii) has reasonable grounds for the belief referred to in (i) but has clearly\ninformed the party beforehand of that possibility; or\n(c) the party, being indemnified by an insurance company which is actively engaged in\ncontesting the proceedings, is personally represented but not in the case and the\nbarrister:\n(i) has notified the party's representative of the barrister's intention to do so; and\n(ii) has allowed enough time for the party to be advised by the party's\nrepresentative.\n56. A barrister must not, outside an ex parte application or a hearing of which the opponent has\nhad proper notice, communicate in the opponent's absence with the court concerning any\nmatter of substance in connection with current proceedings unless:\n(a) the court has first communicated with the barrister in such a way as to require the\nbarrister to respond to the court; or\n(b) the opponent has consented beforehand to the barrister dealing with the court in a\nspecific manner notified to the opponent by the barrister.\n57. A barrister must promptly tell the opponent what passes between the barrister and a court in\na communication referred to in Rule 56.\n58. A barrister must not raise any matter with a court in connection with current proceedings on\nany occasion to which the opponent has consented under Rule 56(b), other than the matters\nspecifically notified by the barrister to the opponent when seeking the opponent's consent.\nIntegrity of hearings\n59. (a) Subject to sub rule (b), a barrister must not publish or take any steps towards the\npublication of any material concerning any current or potential proceedings which:-\n(i) is inaccurate;\n(ii) discloses any confidential information;\n(iii) appears to or does express the opinion of the barrister on the merits of the\ncurrent or potential proceeding or on any issue arising in the proceeding\nother than in the course of genuine educational or academic discussion on\nmatters of law.\n(b) may publish or assist the publishing of material concerning a current proceeding, by\nsupplying only:-\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15\n(i) copies of pleadings or court documents in their current form, which have\nbeen filed and which have been served in accordance with the court’s\nrequirements;\n(ii) copies of affidavits or witness statements, which have been read, tendered\nor verified in open court, clearly marked so as to show any parts which have\nnot been read, tendered or verified or which have been disallowed on\nobjection;\n(iii) copies of transcript of evidence given in open court, if permitted by\ncopyright and clearly marked so as to show any corrections agreed by other\nparties or directed by the court;\n(iv) copies of exhibits admitted in open court and without restriction on access;\n(v) answers to unsolicited questions concerning the current proceedings and the\nanswers are limited to information as to the identity of the parties or of any\nwitness already called, the nature of the issues in the case, the nature of the\norders made or judgment given including any reasons given by the court and\nthe client’s intentions as to any further steps in the case.\nprovided that where the barrister is engaged in the current proceeding the barrister\ndoes so only with the consent of the client first obtained.\n60. A barrister will not have breached Rule 59 simply by advising the client about whom there\nhas been published a misleading or coloured report relating to the case, and who has sought\nthe barrister's advice in relation to that report, and who has sought the barrister's advice in\nrelation to that report, that the client may take appropriate steps to present the client's own\nposition for publication.\n61. A barrister must not in the presence of any of the parties or solicitors deal with a court, or\ndeal with any legal practitioner appearing before the barrister when the barrister is a referee,\narbitrator or mediator, on terms of informal personal familiarity which may reasonably give\nthe appearance that the barrister has special favour with the court or towards the legal\npractitioner.\nProsecutor’s Duties\n62. A prosecutor must fairly assist the court to arrive at the truth, must seek impartially to have\nthe whole of the relevant evidence placed intelligibly before the court, and must seek to assist\nthe court with adequate submissions of law to enable the law properly to be applied to the\nfacts.\n63. A prosecutor must not press the prosecution's case for a conviction beyond a full and firm\npresentation of that case.\n64. A prosecutor must not, by language or other conduct, seek to inflame or bias the court against\nthe accused.\n65. A prosecutor must not argue any proposition of fact or law which the prosecutor does not\nbelieve on reasonable grounds to be capable of contributing to a finding of guilt and also to\ncarry weight.\n66. A prosecutor must disclose to the opponent as soon as practicable all material (including the\nnames of and means of finding prospective witnesses in connection with such material)\navailable to the prosecutor or of which the prosecutor becomes aware which could constitute\nevidence relevant to the guilt or innocence of the accused, unless:\n(a) such disclosure, or full disclosure, would seriously threaten the integrity of the\nadministration of justice in those proceedings or the safety of any person; and\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au16\n(b) the prosecutor believes on reasonable grounds that such a threat could not be avoided\nby confining such disclosure, or full disclosure, to the opponent being a legal\npractitioner, on appropriate conditions which may include an undertaking by the\nopponent not to disclose certain material to the opponent's client or any other person.\n66A. A prosecutor who has decided not to disclose material to the opponent under Rule 66 must\nconsider whether:\n(a) the defence of the accused could suffer by reason of such non-disclosure;\n(b) the charge against the accused to which such material is relevant should be\nwithdrawn; and\n(c) the accused should be faced only with a lesser charge to which such material would\nnot be so relevant.\n66B. A prosecutor must call as part of the prosecution's case all witnesses:\n(a) whose testimony is admissible and necessary for the presentation of all of the\nrelevant circumstances;\n(b) whose testimony provides reasonable grounds for the prosecutor to believe that it\ncould provide admissible evidence relevant to any matter in issue;\n(c) whose testimony or statements were used in the course of any committal\nproceedings; and\n(d) from whom statements have been obtained in the preparation or conduct of the\nprosecution's case unless the opponent consents to the prosecutor not calling a\nparticular witness;\nand except where:-\n(e) the only matter with respect to which the particular witness can give admissible\nevidence has been dealt with by an admission on behalf of the accused;\n(f) the prosecutor believes on reasonable grounds that the administration of justice in\nthe case would be harmed by calling a particular witness or particular witnesses to\nestablish a particular point already adequately established by another witness or\nother witnesses; or\n(g) the prosecutor believes on reasonable grounds that the testimony of a particular\nwitness is plainly untruthful or is plainly unreliable by reason of the witness being\nin the camp of the accused;\nprovided that:-\n(h) the prosecutor must inform the opponent as soon as practicable of the identity of any\nwitness whom the prosecutor intends not to call on any ground within (e), (f) or (g)\ntogether with the grounds on which the prosecutor has reached that decision.\n67. A prosecutor who has reasonable grounds to believe that certain material available to the\nprosecution may have been unlawfully obtained must promptly:\n(a) inform the opponent if the prosecutor intends to use the material; and\n(b) make available to the opponent a copy of the material if it is in documentary form.\n68. A prosecutor must not confer with or interview any of the accused except in the presence of\nthe accused's representative.\n69. A prosecutor must not inform the court or the opponent that the prosecution has evidence\nsupporting an aspect of its case unless the prosecutor believes on reasonable grounds that\nsuch evidence will be available from material already available to the prosecutor.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17\n70. A prosecutor who has informed the court of matters within Rule 69, and who has later learnt\nthat such evidence will not be available, must immediately inform the opponent of that fact\nand must inform the court of it when next the case is before the court.\n71. A prosecutor must not seek to persuade the court to impose a vindictive sentence or a\nsentence of a particular magnitude, but:\n(a) must correct any error made by the opponent in address on sentence;\n(b) must inform the court of any relevant authority or legislation bearing on the\nappropriate sentence; and\n(c) must assist the court to avoid appealable error on the issue of sentence;\n(d) may submit that a custodial or non-custodial sentence is appropriate; and\n(e) may inform the court of an appropriate range of severity of penalty, including a\nperiod of imprisonment, by reference to relevant appellate authority.\n72. A barrister who appears as counsel assisting an inquisitorial body such as the National Crime\nAuthority, the Australian Securities Commission, a Royal Commission or other statutory\ntribunal or body having investigative powers must act in accordance with Rules 62, 64 and\n65 as if the body were the court referred to in those Rules and any person whose conduct is\nin question before the body were the accused referred to in Rule 64.\nOPINIONS\n73. A barrister must give the barrister's truthful opinion on any matter submitted to the barrister\nfor advice or opinion.\nBARRISTERS' WORK\n74. A barrister must confine the barrister's professional work to:\n(a) appearing as an advocate;\n(b) preparing to appear as an advocate;\n(c) negotiating for the client with the opponent to compromise the case;\n(d) representing the client in a case appraisal, mediation, arbitration, collaborative law\npractice and procedures, and any other form of alternative dispute resolution;\n(e) giving legal advice;\n(f) preparing or advising on documents to be used by the client or by others in the client's\naffairs;\n(g) acting as a referee, arbitrator or mediator; and\n(h) carrying out work properly incidental to the kinds of work referred to in (a)-(g).\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au18\n75. A barrister must not:\n(a) act as a person’s general agent or attorney in that person’s business or dealings with\nothers;\n(b) conduct contentious correspondence in the barrister’s name on behalf of any person\nwith others (including public authorities) with whom that person is dealing,\notherwise than the opponent;\n(c) place herself or himself at risk of becoming a witness, by investigating facts for the\npurposes of appearing as an advocate or giving legal advice, otherwise than by:-\n(i) conferring with the client, the instructing solicitor, prospective witnesses or\nexperts;\n(ii) examining documents provided by the instructing solicitor or the client as\nthe case may be, or produced to the court;\n(iii) viewing a place or things by arrangement with the instructing solicitor or the\nclient, as the case may be; or\n(iv) library research;\n(d) act as a person’s only representative in dealings with any court, otherwise than when\nactually appearing as an advocate;\n(e) serve any process of any court;\n(f) conduct the conveyance of any property for any other person;\n(g) administer any trust estate or fund for any other person;\n(h) obtain probate or letters of administration for any other person;\n(i) incorporate companies or provide shelf companies for any other person;\n(j) prepare or lodge returns for any other person, unless the barrister is registered or\naccredited to do so under the applicable taxation legislation; or\n(k) hold, invest or disburse any fund for any other person.\n76. A barrister will not have breached Rule 75 by:-\n(a) doing any of the matters referred to in that Rule on the barrister’s own behalf;\n(b) doing any of the matters referred to in that Rule without fee and as a private person\non behalf of a member of the barrister’s family;\n(c ) doing any of the matters referred to in Rule 75 (d) to (k) by way of assistance to a\nfriend, without fee and as a private person.\n77. A barrister will not have breached Rule 75 (a), (g) or (k) if the barrister becomes such an\nagent, is appointed so to act or becomes responsible for such funds as a private person and\nnot as a barrister or a legal practitioner.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19\nReferral to Solicitor\n78. A barrister who is asked by any person to do work or engage in conduct which is not\nbarristers' work, or which appears likely to require work to be done which is not barristers'\nwork, must promptly inform that person:\n(a) of the effect of Rules 74 and 75 as they relevantly apply in the circumstances; and\n(b) that, if it be the case, solicitors are capable of providing those services to that person.\n79. A barrister who provides information under Rule 78 to a person must not inform the person\nthat the barrister will perform barristers' work for that person on condition that a particular\nsolicitor briefs the barrister to do so.\n80. Disclosure to direct access client - Deleted see Rule 115.2\nRULES\n81. A barrister must be a sole practitioner, and must not practise:\n(a) in partnership with any person;\n(b) as the employer of any legal practitioner who acts as a legal practitioner in the course\nof that employment; or\n(c) as the employee of any person.\n(d) a barrister must not hold or have any interest in a law practice, other than a barrister’s own\npractice, whether directly or indirectly, unless that interest is a shareholding in an\nincorporated legal practice which is a listed public company.\n82. A barrister must not make or have any arrangement with any person in connection with any\naspect of the barrister's practice which imposes any obligation on the barrister of such a kind\nas may prevent the barrister from:\n(a) accepting any brief to appear for reasons other than those provided by the exceptions\nto the cab-rank principle in Rules 87, 89 and 91; or\n(b) competing with any other legal practitioner for the work offered by any brief for\nreasons other than those referred to in Rules 87, 89 and 91.\n83. A barrister will not have breached Rules 81 and 82 by carrying out a specific task of research\nor chamber work given to the barrister by another barrister, or by giving such a task to another\nbarrister, so long as:\n(a) the barrister who was briefed to do the chamber work takes full personal\nresponsibility for the work;\n(b) the work is delivered under the name of the barrister who was briefed;\n(c) the arrangement between the barristers does not go beyond an ordinary devilling or\nreading arrangement and in particular does not involve any standing retainer or\nemployment terms; and\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au20\n(d) the arrangement between the barristers does not provide and is not intended to enable\nthe barrister giving the task to make a profit from the other barrister's work, over and\nabove reasonable remuneration for supervision of and responsibility for the other\nbarrister's work.\nThird-line forcing\n84. A barrister must not require that any other particular legal practitioner be instructed or\nbriefed, as the case may be, so as in any way to impose that requirement as a condition of the\nbarrister accepting any brief or instructions.\nCAB-RANK RULES & BRIEFS\nCab-rank principle\n85. A barrister must accept a brief from a solicitor to appear before a court in a field in which\nthe barrister practises or professes to practise if:\n(a) the brief is within the barrister's capacity, skill and experience;\n(b) the barrister would be available to work as a barrister when the brief would require\nthe barrister to appear or to prepare, and the barrister is not already committed to\nother professional or personal engagements which may, as a real possibility, prevent\nthe barrister from being able to advance a client's interests to the best of the barrister's\nskill and diligence;\n(c) the fee offered on the brief is acceptable to the barrister; and\n(d) the barrister is not obliged or permitted to refuse the brief under Rules 87, 90 or 91.\n86. A barrister must not set the level of an acceptable fee, for the purposes of Rule 85(c), higher\nthan the barrister would otherwise set if the barrister were willing to accept the brief, with\nthe intent that the solicitor may be deterred from continuing to offer the brief to the barrister.\nBriefs which must be refused\n87. A barrister must refuse to accept or retain a brief or instructions to appear before a court if:\n(a) the barrister has information which is confidential to any other person in the case\nother than the prospective client, and:\n(i) the information may, as a real possibility, be helpful to the prospective\nclient's case; and\n(ii) the person entitled to the confidentiality has not consented to the barrister\nusing the information as the barrister thinks fit in the case;\n(b) the barrister has a general or special retainer which gives, and gives only, a right of\nfirst refusal of the barrister's services to another party in the case and the barrister is\noffered a brief to appear in the case for the other party within the terms of the retainer;\n(c) the barrister has reasonable grounds to believe that the barrister may, as a real\npossibility, be a witness in the case;\n(d) the brief is to appear on an appeal and the barrister was a witness in the case at first\ninstance;\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 21\n(e) the barrister has reasonable grounds to believe that the barrister's own personal or\nprofessional conduct may be attacked in the case;\n(f) the barrister has a material financial or property interest in the outcome of the case,\napart from the prospect of a fee in the case of a brief under a speculative costs\nagreement;\n(g) the brief is on the assessment of costs which include a dispute as to the propriety of\nthe fee paid or payable to the barrister, or is for the recovery from a former client of\ncosts in relation to a case in which the barrister appeared for the client;\n(h) the brief is for a party to an arbitration in connection with the arbitration and the\nbarrister has previously advised or appeared for the arbitrator in connection with the\narbitration;\n(i) the brief is to appear in a contested hearing before the barrister's parent, sibling,\nspouse or child or a member of the barrister's household, or before a bench of which\nsuch a person is a member (unless the hearing is before the High Court of Australia\nsitting all available judges);\n(j) there are reasonable grounds for the barrister to believe that the failure of the client\nto retain an instructing solicitor would, as a real possibility, seriously prejudice the\nbarrister's ability to advance and protect the client's interests in accordance with the\nlaw including these Rules.\n87A Without limiting the generality of Rule 87, a barrister must refuse to accept or retain a brief\nof instructions to appear before a court (excluding a statutory or other tribunal) if the brief is\nto appear before a court of which the barrister was formerly a member or judicial registrar\n(other than in an acting capacity), or before a court from which appeals lay to a court of\nwhich the barrister was formerly a member (except the Federal Court of Australia in case of\nappeals from the Supreme Court of any State or Territory) and the appearance would occur:\n(a) within 2 years after the barrister ceased to be a member of the court in question, if\nthe barrister was a member of the court for less than 2 years;\n(b) within a period after the barrister ceased to be a member of the court in question\nequivalent to the period for which the barrister was a member of the court, if the\nbarrister was a member of the court for 2 years or more but less than 5 years; or\n(c) within 5 years after the barrister ceased to be a member of the court in question, if\nthe barrister was a member of the court for 5 years or more.\n87B. Without limiting the generality of Rule 87 a barrister must refuse to accept or retain a brief\nor instructions to appear before a statutory or other tribunal if:-\n(a) the brief is to appear before such a tribunal which does not sit in divisions or lists to\nwhich its members are assigned and the barrister is a member of the tribunal;\n(b) the brief is to appear before such a tribunal which sits in divisions or lists to which\nits members are assigned and:-\n(i) the barrister is a member of the tribunal assigned to a division or list; and\n(ii) the brief is to appear in a proceeding in that division or list;\n(c) the brief is to appear before such a tribunal:-\n(i) which does not sit in divisions or lists to which its members are assigned and\nthe barrister was formerly a member of the tribunal – where the appearance\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au22\nwould occur within two years after the barrister ceased to be a member of\nthe tribunal;\n(ii) which does sit in divisions or lists to which its members are assigned and\nthe barrister was assigned as a member to a division or list – where the brief\nis to appear in a proceeding in a division or list to which the barrister was\nassigned and the appearance would occur within two years after the barrister\nceased to be assigned to that division or list.\n88. A barrister need not refuse a brief notwithstanding the application of Rules 87(c) or (e) if:\n(a) the barrister believes on reasonable grounds that:\n(i) allegations involving the barrister in such a way as to apply one of those\nRules have been raised in order to prevent the barrister from accepting the\nbrief; and\n(ii) those allegations can be met without materially diminishing the barrister's\ndisinterestedness; and\n(b) the President of the Bar Association or a member of the Bar Council who is Senior\nCounsel approves of the barrister accepting the brief after the barrister has informed\nthat Senior Counsel of the circumstances.\n89. A barrister must refuse a brief if the barrister has information which is confidential to any\nperson with different interests from those of the prospective client if:\n(a) the information may, as a real possibility, be helpful to the advancement of the\nprospective client's interests in the matter on which advice is sought; and\n(b) the person entitled to the confidentiality has not consented beforehand to the barrister\nusing the information as the barrister thinks fit in giving advice.\n90. A barrister must not accept a brief to appear on a day when the barrister is already committed\nto appear or is reasonably likely to be required to appear on another brief unless:\n(a) the person offering the later brief has expressly permitted the barrister to do so; and\n(b) the instructing solicitor in the earlier brief has been informed beforehand of the\nbarrister's intention to accept the later brief.\nBriefs which may be refused\n91. A barrister may refuse a brief if:\n(a) the brief is not offered by a solicitor;\n(b) the barrister considers on reasonable grounds that the time or effort required for the\nbrief threatens seriously to prejudice the barrister's practice or other professional or\npersonal engagements;\n(c) the barrister has reasonable grounds to doubt that the fee will be paid reasonably\npromptly or in accordance with the costs agreement;\n(d) the brief may, as a real possibility, require the barrister to cross-examine or criticise\na friend or relation;\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23\n(e) the solicitor does not agree to a request by the barrister that appropriate attendances\nby the instructing solicitor, solicitor's clerk or client representative will be arranged\nfrom time to time for the purposes of:\n(i) ensuring that the barrister is provided with adequate instructions to permit\nthe barrister properly to carry out the work or appearance required by the\nbrief;\n(ii) ensuring that the client adequately understands the barrister's advice;\n(iii) avoiding any delay in the conduct of any hearing or compromise\nnegotiations; and\n(iv) protecting the client or the barrister from any disadvantage or inconvenience\nwhich may, as a real possibility, otherwise be caused;\n(f) the prospective client is also the prospective instructing solicitor, or a partner,\nemployer or employee of the prospective instructing solicitor, and has refused the\nbarrister's request to be instructed by a solicitor independent of the prospective client\nand the prospective client's firm; or\n(g) the barrister, being Senior Counsel, considers on reasonable grounds that the case\ndoes not require the services of Senior Counsel.\n92. A barrister may regard the current listing of a solicitor by the Bar Association as one who\nhas failed to pay another barrister's fee without reasonable excuse as a reasonable ground for\nthe doubt referred to in Rule 91(c).\nReturn of briefs\n93. A barrister must not return a brief to defend a charge of a serious criminal offence unless:\n(a) the barrister believes on reasonable grounds that:\n(i) the circumstances are exceptional and compelling; and\n(ii) there is enough time for another legal practitioner to take over the case\nproperly before the hearing; or\n(b) the client has consented after the barrister has clearly informed the client of the\ncircumstances in which the barrister wishes to return the brief and of the terms of\nthis Rule and Rule 94.\n94. A barrister who holds a brief to defend a charge of a serious criminal offence and also any\nother brief, both of which would require the barrister to appear on a particular day, must\nreturn the other brief as soon as possible, unless the barrister became aware of the appearance\nbeing required on that day in the first brief after the barrister was committed to appear on\nthat day in the other brief.\n95. A barrister must not return a brief to appear in order to accept another brief to appear unless\nthe instructing solicitor or the client, as the case may be, in the first brief has permitted the\nbarrister to do so beforehand, after the barrister has clearly informed the instructing solicitor\nor the client, as the case may be, of the circumstances in which the barrister wishes to return\nthe brief and of the terms of this Rule and Rule 97.\n96. A barrister must not return a brief to appear on a particular date in order to attend a social\noccasion unless the instructing solicitor or the client, as the case may be, has expressly\npermitted the barrister to do so.\n97. A barrister who wishes to return a brief which the barrister is permitted to return must do so\nin enough time to give another legal practitioner a proper opportunity to take over the case.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au24\n98. A barrister must promptly inform the instructing solicitor or the client, as the case may be,\nas soon as the barrister has reasonable grounds to believe that there is a real possibility that\nthe barrister will be unable to appear or to do the work required by the brief in the time\nstipulated by the brief or within a reasonable time if no time has been stipulated.\n99. A barrister may return a brief if, after acceptance of the brief:\n(a) the instructing solicitor or client, as the case may be, has refused the barrister's\nrequest that appropriate attendances by the instructing solicitor, solicitor's clerk or\nclient representative will be arranged from time to time for the purposes of:\n(i) ensuring that the barrister is provided with adequate instructions to permit\nthe barrister properly to carry out the work or appearance required by the\nbrief;\n(ii) ensuring that the client adequately understands the barrister's advice;\n(iii) avoiding any delay in the conduct of any hearing or compromise\nnegotiations; or\n(iv) protecting the client or the barrister from any disadvantage or inconvenience\nwhich may, as a real possibility, otherwise be caused;\n(b) subject to paragraph (d) the barrister's advice as to the preparation or conduct of the\ncase, not including its compromise, has been rejected or ignored by the instructing\nsolicitor or the client, as the case may be; or\n(c) fees have not been paid reasonably promptly or in accordance with the costs\nagreement, and have remained unpaid after reasonable notice by the barrister to the\ninstructing solicitor or client, as the case may be, of the barrister's intention to return\nthe brief for that reason.\n(d) the provisions of rule 99A relating to Speculative Fee Agreement applies.\n99A. A barrister may return a brief accepted under a Speculative Fee Agreement if:-\n(a) the barrister, and the instructing solicitor if any, consider on reasonable grounds that\nthe client has unreasonably rejected a reasonable offer of compromise contrary to\nthe barrister's advice;\n(b) the client has refused to pay the barrister a reasonable fee for all work done or to be\ndone after the client's rejection of the offer;\n(c) the client was informed before the barrister accepted the brief of the effect of this\nRule; and\n(d) the barrister has the firm view that the client has no reasonable prospects of success\nor of achieving a result better than the offer.\n99B. Nothing in this Part entitles the barrister to enter into a Speculative Fee Agreement in\ncriminal proceedings or proceedings relating to parenting of children under the Family Law\nAct 1975.\n100. A barrister may return a brief accepted under a Speculative Fee if:\n(a) the barrister, and the instructing solicitor if any, consider on reasonable grounds that\nthe client has unreasonably rejected a reasonable offer of compromise contrary to\nthe barrister's advice;\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 25\n(b) the client has refused to pay the barrister a reasonable fee for all work done or to be\ndone after the client's rejection of the offer;\n(c) the client was informed before the barrister accepted the brief of the effect of this\nRule; and\n(d) the barrister has the firm view that the client has no reasonable prospects of success\nor of achieving a result better than the offer.\n101. A barrister who has reasonable grounds to believe that there is a real possibility that the\nbarrister may cease to be solely a disinterested advocate by becoming also a witness in the\ncase or a defender of the barrister's own personal or professional conduct against criticism\nmust return the brief as soon as it is possible to do so without unduly endangering the client's\ninterests, unless:\n(a) the barrister believes on reasonable grounds that:\n(i) allegations which involve the barrister in that way have been raised in order\nto remove the barrister from the case; and\n(ii) those allegations can be met without materially diminishing the barrister's\ndisinterestedness; and\n(b) the President of the Bar Association or a member of the Bar Council who is Senior\nCounsel approves of the barrister keeping the brief after the barrister has informed\nthat Senior Counsel of the circumstances.\n102. A barrister must return a brief to appear in a contested hearing before a court constituted by\na person whose relationship with the barrister is such as to make such appearance undesirable\nunless:\n(a) the barrister learns of the identity of the person or persons constituting the court so\nclose to the hearing date that return of the brief would not give another legal\npractitioner enough time to take over the case properly before the hearing; and\n(b) the barrister has sought to draw the circumstances to the court's attention so as to\npermit the constitution of the court to be changed.\nCONFIDENTIALITY & CONFLICTS\n103. A barrister must not disclose (except as compelled by law) or use in any way in the course\nof practice confidential information obtained by the barrister concerning any person to whom\nthe barrister owes some duty or obligation to keep such information confidential unless or\nuntil:\n(a) the information has been published;\n(b) the information is later obtained by the barrister from another person who is not\nbound by the confidentiality owed by the barrister to the first person and who does\nnot give the information confidentially to the barrister; or\n(c) the person has consented to the barrister disclosing or using the information\ngenerally or on specific terms.\n104. A barrister must not disclose (except as compelled by law) or use confidential information\nunder Rule 103(c) in any way other than as permitted by the specific terms of the person's\nconsent.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au26\n105. A barrister will not have breached Rules 103 and 104 simply by showing briefs to or\ndisclosing information contained in a brief to the barrister’s instructing solicitor in the matter,\nto a member of the barrister’s staff for purposes of that person undertaking clerical or\nadministrative work in relation to the matter or to a reader or to another barrister doing work\nas permitted by Rule 83 so long as the barrister has reminded the reader of barrister’s duties\nof confidentiality including Rules 103 and 104.\n106. A barrister who is shown a brief as a reader or under an arrangement covered by Rule 83 is\nbound by the same duties of confidentiality which bind the barrister whose brief it is,\nincluding the duties imposed by Rules 103 and 104.\n107. A barrister who has accepted a brief must return the brief as soon as possible after the\nbarrister becomes aware that the barrister has information confidential to a person other than\nthe client which may, as a real possibility, be helpful to the client's case or to the advancement\nof the client's interests, being information which the barrister is prohibited from disclosing\nor using by Rules 103, 104 or 106, unless the person entitled to the confidentiality consents\nto the barrister disclosing or using the information as the barrister thinks fit.\n108. A barrister who is briefed to appear for two or more parties in any case must determine as\nsoon as possible whether the interests of the clients may, as a real possibility, conflict and, if\nso, the barrister must then return the brief for:\n(a) all the clients in the case of confidentiality to which Rule 103 would apply; or\n(b) in other cases, one or more of the clients:\n(i) giving preference to the earliest brief if the barrister was briefed at different\ntimes; and\n(ii) so as to remove that possibility of conflict.\n109. A barrister who, during the hearing of the case, becomes aware that the interests of the clients\nor some of them do or may, as a real possibility, conflict, must return the brief for:\n(a) all the clients in the case of confidentiality to which Rule 103 would apply; or\n(b) in other cases, one or more of the clients:\n(i) giving preference to the earliest brief if the barrister was briefed at different\ntimes; and\n(ii) so as to remove that possibility of conflict.\n110. A barrister need not return any briefs to appear under Rules 108 or 109, if the barrister has\ninformed the instructing solicitor or the clients, as the case may be, of the barrister's view as\nto the clients' conflicting interests, and the instructing solicitor or the clients, as the case may\nbe, inform the barrister that all the clients nonetheless wish the barrister to continue to appear\nfor them.\n111. A barrister who believes on reasonable grounds that the interests of the client may conflict\nwith the interests of the instructing solicitor, or that the client may have a claim against the\ninstructing solicitor, must:\n(a) advise the instructing solicitor of the barrister's belief; and\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27\n(b) if the instructing solicitor does not agree to advise the client of the barrister's belief,\nseek to advise the client in the presence of the instructing solicitor of the barrister's\nbelief.\nREADING\n112.1 A reader must, unless exempted by the Bar Council, complete the reading program within\nthe reading period.\n112.2 At any time during the reading period, the reader or the reader’s tutor may seek guidance\nfrom the Bar Council as to:-\n(a) any step necessary required of the reader to complete the reading program; and\n(b) any matter relating to the relationship between the reader and a tutor of the reader.\n112.3 Each tutor and reader must, in relation to the Reader’s reading program, comply with any\ndirection or decision made by the Bar Council.\nCONTINUING PROFESSIONAL DEVELOPMENT (CPD)\n113. A member of the association who is a local practising barrister must undertake each year the\nrequirements of any continuing professional development programme established by the bar\ncouncil from time to time.\n114 – Deleted\nDISCLOSURE OBLIGATIONS\nDisclosure Requirements\n115. In this Rule, a “disclosable event” in relation to a barrister means any of the following:-\n(a) the making of a sequestration order against, or the filing of a debtor’s petition by the\nbarrister pursuant to the Bankruptcy Act 1966 (Cth);\n(b) the entry by the barrister into a debt agreement pursuant to Part IX of the Bankruptcy\nAct 1966 (Cth) or an agreement, composition or arrangement to Part X of that Act;\n(c ) the disqualification of the barrister from managing or being involved in the\nmanagement of any body corporate under any law in force in any jurisdiction within\nAustralia, including disqualification form managing corporations under Part 2D.6 of\nthe Corporations Act 2001; or\n(d) the conviction of the barrister of an offence under any law in force in Australia or in\nany overseas country or a finding that such an offence is proved against the barrister\nwhere the maximum penalty for the offence is a term of imprisonment of 12 months\nor more or where fraud or dishonesty is an element of the offence.\n115A. Where a disclosable event occurs in relation to a barrister, the barrister must within 28 days\nafter the disclosable event occurs:-\n(a) inform the Secretary of the Bar Association in writing of the occurrence of the\ndisclosable event; and\n(b) provide the Secretary of the Bar Association with written details of the circumstances\ngiving rise to the disclosable event sufficient to enable the Secretary of the Bar\nAssociation to determine whether the occurrence of the disclosable event in relation\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au28\nto the barrister or any circumstances giving rise to it, may affect the barrister’s\nsuitability to engage in legal practice as a barrister for the purposes of the relevant\nlegislation in force in each jurisdiction.\n(c ) A barrister in relation to whom a disclosable event occurs must, within 14 days after\nreceiving a written request from the Secretary of the Bar Association to do so,\nprovide such further information concerning the disclosable event or any of the\ncircumstances giving rise to it, as the Secretary of the Bar Association may require.\nDIRECT CLIENT ACCESS\n115.1 A barrister may do barristers' work for a client without the intervention of an instructing\nsolicitor.\n115.2 A barrister who proposes to accept instructions directly from a person who is not a solicitor\nor a professional acting as such must inform the prospective client in writing of:\n(a) the effect of Rules 74 and 75;\n(b) the fact that circumstances may require the client to retain an instructing solicitor at\nshort notice, and possibly during the case;\n(c) any other disadvantage which the barrister believes on reasonable grounds may, as\na real possibility, be suffered by the client if the client does not retain an instructing\nsolicitor; and\n(d) the relative capacity of the barrister in performing barristers' work to supply the\nrequested facilities or services to the client compared to the capacity of the barrister\ntogether with an instructing solicitor to supply them.\nADVERTISING\n116.1. A barrister may advertise.\n116.2 An advertisement must not be of a kind that is or might reasonably be regarded as:\n(a) false, misleading, or deceptive;\n(b) in contravention of any legislation;\n(c) vulgar, sensational, or otherwise such as would bring or be likely to bring the barrister or the\nlegal profession into disrepute.\nSPECIALISATION\n117. A barrister may advertise or hold himself or herself out as being a specialist or as offering specialist\nservices, but only if:\n(a) the barrister is not a reader and has had at least two years extensive experience in the relevant\nfield,\n(b) the barrister has given at least 2 months' notice to the Bar Council of the intention to do so,\nand\n(c) the Bar Council does not disapprove.\n118. Deleted\n119. Deleted\n120. Deleted\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 29\n120.1 – 121.3 Deleted\n121. Deleted\nDISCRIMINATION, SEXUAL HARASSMENT AND BULLYING\nDiscrimination\n122.1 A barrister shall not in any professional context discriminate against a client, solicitor, or\nanother barrister on the basis of the person’s religion, age, race, impairment, political belief\nor activity, trade union activity, sex, marital status, pregnancy, parental status, lawful sexual\nactivity or association with, or relation to, a person identified on the basis of any of the above.\nSexual Harassment\n122.2 (a) A barrister shall not, in any professional context, engage in sexual harassment.\n(b) For the purposes of sub-rule (a) a barrister sexually harasses another person if:\n(i) the barrister makes an unwelcome sexual advance, or an unwelcome request\nfor sexual favours, to that person; or\n(ii) engages in other unwelcome conduct of a sexual nature in relation to that\nperson;\nin circumstances in which a reasonable person, having regard to all the\ncircumstances, would have anticipated that that person would be offended,\nhumiliated or intimidated.\n“Conduct of a Sexual Nature” includes making a statement of a sexual nature to the\nperson allegedly harassed or in the presence of that person, whether the statement is\nmade orally or in writing.\nBullying\n122.3\n(a) A barrister shall not, in any professional context, engage in conduct which is bullying.\n(b) For the purposes of sub-rule (a), bullying means unreasonable behaviour that could\nreasonably be expected to intimidate, degrade, humiliate, isolate, alienate, or cause serious\noffence to a person working in a workplace.\nProcedure\n122.4 (a) The person allegedly discriminated against, harassed or bullied may lodge a report\nor complaint about the barrister in accordance with the complaint and report\nprocesses approved by the Bar Council from time to time. Such complaint and report\nprocesses as approved by the Bar Council will be published in the appropriate ACT\nBar Association policies against discrimination, sexual harassment and bullying.\n123. Deleted","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Rules 15 and 112.1–112.3","severity":"high","reasoning":"Rule 15 says “tutor” has the meaning in Rule 112.1. Rule 112.1 only requires a reader to complete the reading program. Rule 112.3 requires each tutor to comply with Bar Council directions or decisions, but the referenced provision supplies no meaning identifying who bears that duty.","confidence":0.99,"description":"Rule 15 defines “tutor” by reference to Rule 112.1, but Rule 112.1 neither mentions nor defines a tutor. Rules 112.2 and 112.3 then confer functions and impose a duty on a “tutor”, leaving the regulated actor unidentified by the stipulated definition.","source_quotes":["“tutor” has the meaning in Rule 112.1.","112.1 A reader must, unless exempted by the Bar Council, complete the reading program within the reading period.","112.3 Each tutor and reader must, in relation to the Reader’s reading program, comply with any direction or decision made by the Bar Council."]},{"type":"other","section":"Rule 87A","severity":"medium","reasoning":"The opening words distinguish a former “member or judicial registrar”. Paragraphs (a)–(c), however, cover only a barrister who “was a member of the court” and calculate the period from when the barrister “ceased to be a member”. The supplied text therefore provides no matching trigger and deadline branch for the separately identified former-judicial-registrar path.","confidence":0.97,"description":"Rule 87A includes former judicial registrars in its opening prohibition, but every timing branch applies only by reference to how long the barrister was a “member of the court”. No timing branch expressly covers service solely as a judicial registrar.","source_quotes":["if the brief is to appear before a court of which the barrister was formerly a member or judicial registrar (other than in an acting capacity)","within 2 years after the barrister ceased to be a member of the court in question, if the barrister was a member of the court for less than 2 years;","within 5 years after the barrister ceased to be a member of the court in question, if the barrister was a member of the court for 5 years or more."]}],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a code of professional conduct for barristers. While the 2026 version updates and replaces the 2021 rules, the scope remains focused on regulating barristers' ethical obligations, practice structures, and professional standards. There is no evidence of significant scope creep beyond the traditional regulatory function of professional conduct rules."},"complexity_factors":["Extensive cross-referencing between rules (e.g., Rules 87, 89, 91 referenced throughout cab-rank provisions)","Multiple nested exceptions and conditional clauses (e.g., Rule 87 has 10 sub-clauses with further exceptions in Rule 88; Rule 66 has disclosure exceptions with sub-conditions)","27 defined terms in the interpretation section (Rules 15), some with complex nested definitions (e.g., 'court' has multiple exceptions depending on which rule applies)","Temporal and jurisdictional complexity in Rule 87A regarding former judicial members (sliding scale of 2-5 years depending on length of judicial service)","Conditional duties that vary by context (criminal vs civil, ex parte vs inter partes, prosecutor vs defence)","Deleted rules retained in numbering (Rules 45, 80, 114, 118-121, 123) creating gaps in sequential logic","Overlapping obligations between statutory rules, common law, and inherent jurisdiction of the Supreme Court (Rule 9)"],"plain_english_summary":"These rules set professional conduct for barristers practising in the ACT, replacing the 2021 code. They define core duties to the court, clients and opponents, uphold confidentiality, require independent, ethical advocacy (including the cab-rank rule to ensure access to representation), and impose practice limits (sole practice, no client money or conveyancing). Special duties and disclosure obligations apply in criminal cases, and standards cover discrimination, harassment, CPD and reportable events.\n\nThey matter because they protect court integrity, client interests and public confidence in the bar."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument revokes the 2021 Barristers’ Rules (Rule 4) and restates counsel duties while adding and clarifying practical obligations. Notable scope shifts in the text include explicit direct client access (Rules 115.1–115.2), fixed disclosure timeframes and reporting duties for disclosable events (Rule 115A), maintained sole‑practitioner and practice‑restriction provisions (Rules 81–83), and detailed cab‑rank acceptance/refusal/return rules (Rules 85–102). Rule 14 also exempts government‑employed barristers from certain provisions, changing the population to which some rules apply."},"complexity_factors":["Length and density: many behaviour‑setting duties across advocacy, confidentiality, cab‑rank, conflicts and practice limits (multiple Parts and Rules 16–121).","Discretion and open standards: frequent tests phrased as ‘reasonable grounds’ or ‘real possibility’, requiring judgment calls (eg Rules 18, 35, 87, 91).","Cross‑cutting exceptions and procedural timing: detailed accept/refuse/return rules for briefs with timing and notice obligations (eg Rules 85–101, 93–99).","Interlocking obligations: duties to client, court and opponent can pull in different directions and require priority balancing (eg Rules 16–17B, 21–27, 51–59).","Concrete compliance burdens: mandatory disclosure timelines and follow‑up information duties (Rules 115A(a)–(c)), plus CPD and reading program requirements (Rules 112, 113).","Practice structure constraints: sole‑practitioner rule and limits on employment, partnerships and outside interests (Rules 81–83) create organisational and commercial effects.","Specific prosecutor duties and investigatory roles: separate obligations for prosecutors and counsel assisting inquisitorial bodies (Rules 62–72), raising operational complexity for public‑sector practitioners.","Numerous deletions and retained cross‑references to prior disciplinary law and court inherent jurisdiction increase interpretive work (Preamble, Rule 9, multiple ‘Deleted’ entries)."],"plain_english_summary":"These Rules set out how Australian Capital Territory barristers must practise: duties to courts, clients and opponents; limits on non‑barrister work; cab‑rank obligations with specified exceptions; confidentiality, conflict and disclosure duties; and requirements for readers, CPD and advertising. The Bar Council makes the Rules (Rules 3–4).\nThey apply to ACT barristers and change practical choices: who they must accept briefs from, when they may take direct clients (Rules 115.1–115.2), the timing for disclosure of disclosable events (Rule 115A), and fee/availability decisions (Rule 85(c))."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/legal-profession-barristers-rules-2026","history":"/api/acts/legal-profession-barristers-rules-2026/history","analysis":"/api/acts/legal-profession-barristers-rules-2026/analysis","conflicts":"/api/acts/legal-profession-barristers-rules-2026/conflicts","importantCases":"/api/acts/legal-profession-barristers-rules-2026/important-cases","documents":"/api/acts/legal-profession-barristers-rules-2026/documents"}}