South Australia act

Legal Practitioners Act 1981

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

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This Act sets the rules for who may practise law in the State and how legal practices must operate: practising certificates, interstate and foreign lawyer registration, compulsory professional indemnity insurance, and management of client trust money (including a combined trust account, statutory interest account and Fidelity Fund). It affects individual practitioners, law firms (including incorporated practices), banks holding trust funds and regulators. It matters because it prescribes who pays premiums, levies and interest transfers, and who enforces compliance and suspensions.

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What it does

The Legal Practitioners Act 1981 (SA) is the primary statute governing the regulation of legal practice in South Australia. At its core, it establishes a comprehensive framework for admission to the profession, the issuance and management of practising certificates, the handling of client funds, professional conduct standards, disciplinary mechanisms, and client protection through a fidelity fund. The Act fuses the professions of barrister and solicitor (s.6), while permitting voluntary specialisation, and creates supporting institutions including the Law Society of South Australia (Part 2), the Legal Practitioners Education and Admission Council (LPEAC) and Board of Examiners (Part 2A), the Legal Profession Conduct Commissioner (Part 6 Division 2), and the Legal Practitioners Disciplinary Tribunal (Part 6 Division 3).

The Act operates through a series of interlocking parts and schedules. Part 3 regulates admission (s.15), practising certificates (ss.16–20AK), entitlement to practise (ss.21–23AA), interstate and community legal centre practice (Divisions 3A and 3B), incorporated legal practices (Division 4 and Schedule 1), foreign lawyers (Division 4A and Schedule 1A), trust money (Division 5 and Schedule 2), costs disclosure and adjudication (Division 8 and Schedule 3), and ancillary matters such as delivery of papers (s.39) and authority to act for persons of unsound mind (s.40). Part 4 establishes the combined trust account, statutory interest account, and Legal Practitioners Fidelity Fund, with detailed deposit and interest allocation rules (ss.52B–59). Part 5 governs claims against the Fidelity Fund for losses from fiduciary or professional defaults (ss.60–67A). Part 6 provides for investigations, the Commissioner's functions, conciliation, Tribunal inquiries, Supreme Court proceedings, and publication of disciplinary action (ss.67B–90AF). Part 7 deals with the appointment of Senior Counsel (ss.91–93), replacing the former Queen's/King's Counsel system. Part 8 contains miscellaneous provisions, including revenue application, agreements with other regulators, service of documents, and regulation-making powers (ss.95–98).

Current sections

Direct links to the current provisions in Legal Practitioners Act 1981.

Div 2B

Special powers in relation to practising certificates—show cause events

Division 2B—Special powers in relation to practising certificates—show cause events 20AG Applicant for practising certificate—show cause event 20AH Holder of practising certificate—show cause event 20AI Refusal, amendment, suspension or cancellation of practising certificate—failure to show cause

Div 2C

Further provisions relating to practising certificates

Division 2C—Further provisions relating to practising certificates 20AJ Immediate suspension of practising certificate 20AK Surrender and cancellation of practising certificate Division 3—Entitlement to practise etc 21 Entitlement to practise 22 Practising while under suspension etc 23 Unlawful representation 23AA Employment of disqualified person Division 3A—Provisions relating to interstate legal practice 23A Interstate legal practitioners to be officers of Court 23B Limitations or conditions on practice under laws of participating States 23C Additional conditions on practice of interstate legal practitioners 23D Notification of establishment of office required Division 3B—Provisions relating to community legal centres 23E Community legal centres 23F Obligations and privileges of practitioners who are officers or employees 23G Undue influence 23H Application of legal profession rules 23I Costs Division 4—Provisions regulating legal practice by corporations 24 Application of Schedule 1 Division 4A—Provisions regulating the practise of foreign law 24A Application of Schedule 1A Division 5—Provisions regulating trust money and trust accounts 25 Application of Schedule 2 Division 6—Delivery up of legal papers 39 Delivery up of legal papers Division 7—Authority of a legal practitioner to act on behalf of a person of unsound mind 40 Authority of legal practitioner or foreign lawyer to act on behalf of person of unsound mind Division 8—Costs disclosure and adjudication 41 Application of Schedule 3 Division 9—Appointment of supervisors and managers 43A Interpretation 44 Control over trust accounts of legal practitioners 45 Appointment of manager 46 Appeal against appointment of supervisor or manager 47 Application for directions 48 Remuneration etc of persons appointed to exercise powers conferred by this Division Division 10—Restriction on practice if corporation wound up 49 Supreme Court may grant authority permitting director to practise Division 11—Right of personal representative etc to carry on legal practice 50 Supreme Court may authorise personal representative etc to carry on legal practice Division 12—Right of audience 51 Right of audience Division 13—Professional indemnity insurance scheme 52 Professional indemnity insurance scheme 52AA Professional indemnity insurance required by interstate practitioners etc 52AAB Professional indemnity insurance where no office established in this State Division 14—Miscellaneous 52A Rules of Supreme Court may assign functions or powers Part 4—The combined trust account and other related accounts Division 1—The combined trust account 52B Application to incorporated legal practices 53 Duty to deposit trust money in combined trust account 55 Immunity from liability Division 2—The statutory interest account 56 Statutory interest account Division 3—Legal Practitioners Fidelity Fund 57 Fidelity Fund Division 4—Miscellaneous 57A Payment of interest accruing on trust accounts 58 Accounts and audit 59 Power to borrow for purposes of this Part Part 5—Claims against Fidelity Fund 60 Claims 60A Personal representative may make claim 61 Limitation of claims 62 Power to require evidence 63 Establishment of validity of claims 64 Satisfaction of claims 64A Advance payments 65 Rights of the Society 66 Claims by legal practitioners and incorporated legal practices 67 Insurance in respect of claims against Fidelity Fund 67A Annual report Part 6—Investigations, inquiries and disciplinary proceedings Division 1—Preliminary 67B Application of Part 68 Unsatisfactory professional conduct 69 Professional misconduct 70 Conduct capable of constituting unsatisfactory professional conduct or professional misconduct Division 2—Legal Profession Conduct Commissioner Subdivision 1—Legal Profession Conduct Commissioner 71 Legal Profession Conduct Commissioner 72 Functions 73 Terms and conditions of appointment 74 Acting Commissioner 75 Honesty and accountability 76 Staff of Commissioner 77 Delegation 77A Exchange of information between Commissioner and Council Subdivision 2—Investigation of unsatisfactory professional conduct and professional misconduct 77B Investigations by Commissioner 77C Closure of whole or part of complaint 77D Notification of complaint to practitioner 77E Submissions by legal practitioner 77F Exceptions to requirement for notification of complaint Subdivision 3—Action following investigation 77G Interpretation 77H Report on investigation 77I Commissioner to notify persons of suspected loss 77J Powers of Commissioner to deal with certain unsatisfactory professional conduct or professional misconduct 77K Appeal against determination of Commissioner 77L Commissioner must lay charge in certain circumstances 77M Commissioner to provide reasons Subdivision 4—Complaints of overcharging 77N Investigation of allegation of overcharging Subdivision 5—Conciliation 77O Commissioner may conciliate complaints Division 3—The Legal Practitioners Disciplinary Tribunal 78 Establishment of Tribunal 79 Conditions of membership 80 Constitution and proceedings of Tribunal 81 Validity of acts of the Tribunal and immunity of its members Division 4—Proceedings before the Tribunal 82 Inquiries 83 Notice of inquiry 84 Powers of Tribunal 84A Proceedings to be generally in public 84B Tribunal's proceedings to be privileged 84C Stay of proceedings 85 Costs 86 Appeal 87 Operation of order may be suspended 88 Rules of the Tribunal Division 5—Disciplinary proceedings before the Supreme Court 88A Supreme Court's inherent jurisdiction 89 Proceedings before Supreme Court 89A Court may order interim suspension of legal practitioner or impose interim conditions Division 6—Publicising disciplinary action 89B Definitions 89C Register of Disciplinary Action 89D Other means of publicising disciplinary action 89E Quashing of disciplinary action 89F Liability for publicising disciplinary action 90 General Division 6A—Provisions relating to interstate legal practice 90AA Conduct of local legal practitioners outside State 90AB Conduct not to be the subject of separate proceedings 90AC Referral or request for investigation of matter to regulatory authority in participating State 90AD Dealing with matter following referral or request by regulatory authority in participating State 90AE Furnishing information 90AF Local legal practitioners are subject to interstate regulatory authorities Division 7—Annual reports 90A Annual reports Division 8—Professional mentoring agreements 90B Professional mentoring agreements Part 7—Appointment of Senior Counsel etc 91 Appointment of Senior Counsel 92 No further appointment of King's Counsel etc 93 Revocation and resignation of appointments Part 8—Miscellaneous 95 Application of certain revenues 95AA Agreements and arrangements with other regulatory authorities 95A Inspection of documents 95B False or misleading information 95BA Mortgage financing 95C Self-incrimination and legal professional privilege 95D Service of notices and documents 95E Wills register 96 Summary offences 97 Regulations 98 Review of operation of Act in relation to barristers Schedule 1—Incorporated legal practices A1 Interpretation 1 Nature of incorporated legal practice 2 Prohibition of non‑legal services and businesses 3 Corporations eligible to be incorporated legal practice 3A Incorporated legal practices may practise in partnership 4 Notice of intention to start providing legal services 4A Notice to be given by incorporated legal practice of intention to practise in partnership 5 Notice to be given by companies that were formerly legal practitioners 5A Notice to be given by incorporated legal practice providing legal services in partnership 6 Prohibition on representations that corporation is incorporated legal practice 7 Notice of termination of provision of legal services 8 Incorporated legal practice must have legal practitioner director 9 Obligations of legal practitioner director relating to misconduct 10 Incorporated legal practice without legal practitioner director 11 Obligations and privileges of practitioners who are officers or employees 12 Professional indemnity insurance 13 Conflicts of interest 14 Application of legal profession rules 15 Requirements relating to advertising 16 Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices 17 Sharing of receipts, revenue or other income 18 Disqualified persons 19 Audit of incorporated legal practice 20 Application of Schedule 4 (Investigatory powers) 21 Banning of incorporated legal practices 22 Disqualification from managing incorporated legal practice 23 Disclosure of information to Australian Securities and Investments Commission 24 External administration proceedings under Corporations Act 2001 25 External administration proceedings under other legislation 26 Cooperation between courts 27 Relationship of Act to constitution of incorporated legal practice 28 Relationship of Act to legislation establishing incorporated legal practice 29 Relationship of Act to Corporations legislation 30 Undue influence 31 Obligations of individual practitioners not affected 32 Regulations Schedule 1A—Foreign lawyers 2 This Schedule does not apply to Australian legal practitioners 3 Professional conduct rules Part 2—Practice of foreign law 4 Requirement for registration 5 Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction 6 Scope of practice 7 Form of practice 8 Application of Australian professional ethical and practice standards 9 Designation 10 Letterhead and other identifying documents 11 Advertising 12 Foreign lawyer employing Australian legal practitioner 13 Trust money and trust accounts 14 Professional indemnity insurance 15 Fidelity Fund Part 3—Local registration of foreign lawyers generally 16 Local registration of foreign lawyers 17 Duration of registration 18 Locally registered foreign lawyer is not officer of Supreme Court Part 4—Applications for grant or renewal of local registration 19 Application for grant or renewal of registration 20 Manner of application 21 Requirements regarding applications for grant or renewal of registration Part 5—Grant or renewal of registration 22 Grant or renewal of registration 23 Requirement to grant or renew registration if criteria satisfied 24 Refusal to grant or renew registration Part 6—Amendment, suspension or cancellation of local registration 25 Application of Part 26 Grounds for amending, suspending or cancelling registration 27 Amending, suspending or cancelling registration 28 Operation of amendment, suspension or cancellation of registration 29 Other ways of amending or cancelling registration 30 Relationship of this Part with Part 6 of Act Part 7—Special powers in relation to local registration—show cause events 31 Applicant for local registration—show cause event 32 Locally registered foreign lawyer—show cause event 33 Refusal, amendment, suspension or cancellation of local registration—failure to show cause 34 Restriction on making further applications 35 Relationship of this Part with Part 6 and Schedule 4 Part 8—Further provisions relating to local registration 36 Immediate suspension of registration 37 Surrender of local registration certificate and cancellation of registration 38 Automatic cancellation of registration on grant of practising certificate 39 Suspension or cancellation of registration not to affect disciplinary processes 40 Return of local registration certificate on amendment, suspension or cancellation of registration Part 9—Conditions on registration 41 Conditions generally 42 Conditions imposed by Society 43 Statutory condition regarding notification of offence 44 Conditions imposed by legal profession rules 45 Compliance with conditions Part 10—Interstate-registered foreign lawyers 46 Extent of entitlement of interstate-registered foreign lawyers to practise in this jurisdiction 47 Additional conditions on practice of interstate-registered foreign lawyers Part 11—Miscellaneous 48 Consideration and investigation of applicants and locally registered foreign lawyers 49 Register of locally registered foreign lawyers 50 Publication of information about locally registered foreign lawyers 51 Exemption by Society 52 Membership of professional association Schedule 2—Trust money and trust accounts 2 Money granted or provided under contract to community legal centre 3 Determinations about status of money 4 Application of Schedule to law practices and trust money 5 Protocols for determining where trust money is received 6 When money is received 7 Discharge by legal practitioner associate of obligations of law practice 8 Liability of principals of law practice 9 Former practices, principals and associates 10 Barristers not to receive trust money Part 2—Trust accounts and trust money 11 Maintenance of general trust account 12 Certain trust money to be deposited in general trust account 13 Holding, disbursing and accounting for trust money 14 Manner of withdrawal of trust money from general trust account 15 Controlled money 16 Manner of withdrawal of controlled money from controlled money account 17 Transit money 18 Trust money subject to specific powers 19 Trust money received in form of cash 20 Protection of trust money 21 Intermixing money 22 Dealing with trust money—legal costs and unclaimed money 23 Deficiency in trust account 24 Reporting certain irregularities and suspected irregularities 25 Keeping trust records 26 False names 27 Interest payable if law practice fails to deposit trust money Part 3—Investigations and external examinations Division 1—Investigations 28 Appointment of investigators 29 Investigations 30 Application of Schedule 4 31 Investigator's report 32 When costs of investigation are debt Division 2—External examinations 33 Designation of external examiners 34 Trust records to be externally examined 35 Examination of affairs in connection with examination of trust records 36 Designation and appointment of associates as external examiners 37 Final examination of trust records 38 Carrying out examination 39 External examiner's report 40 Law practice liable for costs of examination Part 4—Provisions relating to ADIs 41 Approval of ADIs 42 ADI not subject to certain obligations and liabilities 43 Reports, records and information 44 Restrictions on receipt of trust money 45 Protection from liability 46 Application of Schedule to incorporated legal practices 47 Disclosure to clients—money not received as trust money 48 Disclosure of accounts used to hold money entrusted to law practice or legal practitioner associate 49 Regulations Schedule 3—Costs disclosure and adjudication 1 Interpretation 2 Terms relating to third party payers Part 2—Application of Schedule 3 Application of Schedule—first instructions rule 4 Schedule also applies by agreement or at client's election 5 Displacement of Schedule 6 First instructions to law practice 7 Substantial connection of matter with State 8 Application of different laws Part 3—Costs disclosure 9 Disclosure not required by barrister 10 Disclosure of costs to clients 11 Disclosure if another law practice is to be retained 12 Timing of disclosure to client 13 Exceptions to requirement for disclosure 14 Additional disclosure—settlement of litigious matters 15 Additional disclosure—uplift fees 16 Form of disclosure 17 Ongoing obligation to disclose 18 Effect of failure to disclose 19 Progress reports 20 Disclosures to associated third party payers Part 4—Legal costs generally 21 Recovery of legal costs 22 Security for legal costs 23 Interest on unpaid legal costs Part 5—Costs agreements 24 Making costs agreements 25 Conditional costs agreements 26 Conditional costs agreements involving uplift fees 27 Contingency fees are prohibited 28 Effect of costs agreement 29 Certain costs agreements are void 30 Setting aside costs agreements Part 6—Billing 31 Legal costs cannot be recovered unless bill has been served 32 Bills 33 Notification of client's rights 34 Request for itemised bill 35 Interim bills Part 7—Adjudication of costs 36 Definition 37 Application by clients or third party payers for adjudication of costs 38 Application for adjudication by law practice retaining another law practice 39 Application for adjudication of costs by law practice giving bill 40 Application may be dismissed 41 Power of Supreme Court on application for adjudication 42 Commissioner may institute proceedings 43 Court may order plaintiff to apply for adjudication 44 Consequences of application 45 Persons to be notified of application 46 Criteria for adjudication 47 Adjudication of costs by reference to costs agreement 48 Adjudication of costs by reference to scale of costs 49 Costs of adjudication 50 Referral for disciplinary action 51 Contracting out of Part by sophisticated clients Part 8—Miscellaneous 52 Application of Schedule to incorporated legal practices 53 Imputed acts, omissions or knowledge Schedule 4—Investigatory powers Part 2—Requirements relating to documents, information and other assistance 2 Application of Part 3 Requirements that may be imposed for investigations, examinations and audits under Schedule 2 4 Requirements that may be imposed for investigations under Part 6 5 Provisions relating to requirements under this Part Part 3—Entry and search of premises 6 Application of Part 7 Investigator's power to enter premises 8 Search warrants 9 Powers of investigator while on premises Part 4—Additional powers in relation to incorporated legal practices 10 Application of Part 11 Investigative powers relating to investigations and audits 12 Examination of persons 13 Inspection of books 14 Power to hold hearings 15 Failure to comply with investigation 16 Obstruction of investigator 17 Obligation of legal practitioners 18 Protection from liability 19 Permitted disclosure of confidential information Schedule 5—Transitional provisions 1 Closure of certain complaints Legislative history

The Parliament of South Australia enacts as follows:

Part 1

Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Legal Practitioners Act 1981. 5—Interpretation (1) In this Act, unless the contrary intention appears— amend includes— (a) in relation to a practising certificate— (i) impose a condition on the certificate; and (ii) amend or revoke a condition already imposed on the certificate; and (b) in relation to registration as a foreign lawyer— (i) amend the lawyer's registration certificate; and (ii) impose a condition on the registration; and (iii) amend or revoke a condition already imposed on the registration; associate—see section 5A; Associate Justice means an Associate Justice of the Supreme Court; Australian Government Solicitor means the Australian Government Solicitor constituted under the Judiciary Act 1903 of the Commonwealth and includes any person authorised by or under that Act to act in the name of the Australian Government Solicitor; Australian-registered foreign lawyer means a locally registered foreign lawyer or an interstate-registered foreign lawyer; Chief Executive of the Society means the principal executive officer employed by the Society and includes any person who is, for the time being, discharging the duties of that officer; Chief Justice means the Chief Justice of the Supreme Court and includes an acting Chief Justice of the Supreme Court; the combined trust account means the Legal Practitioners Combined Trust Account maintained by the Society under Part 4; Commissioner means the person holding or acting in the office of Legal Profession Conduct Commissioner under Part 6 Division 2; community legal centre means a body that provides legal services to the community, or a section of the community, on a non‑profit basis, and includes the Aboriginal Legal Rights Movement, but does not include the Legal Services Commission; conduct of a legal practitioner includes any act or omission by the legal practitioner; conviction includes a formal finding of guilt; corporation means— (a) a company within the meaning of the Corporations Act 2001 of the Commonwealth; or (b) any other body corporate, or body corporate of a kind, prescribed by the regulations; corresponding authority means— (a) a person or body having powers or functions under a corresponding law; or (b) when used in the context of a person or body having powers or functions under this Act (the local authority)— (i) a person or body having corresponding powers or functions under a corresponding law; and (ii) without limiting subparagraph (i), if the powers or functions of the local authority relate to local legal practitioners generally or are limited to any particular class of local legal practitioners—a person or body having corresponding powers or functions under a corresponding law regardless of whether they relate to interstate legal practitioners generally or are limited to any particular class of interstate legal practitioners; corresponding disciplinary body means— (a) a court or tribunal having powers or functions under a corresponding law that correspond to any of the powers and functions of the Tribunal; or (b) the Supreme Court of another jurisdiction exercising— (i) its inherent jurisdiction or powers in relation to the control and discipline of legal practitioners; or (ii) its jurisdiction or powers to make orders under a corresponding law of the other jurisdiction in relation to legal practitioners; corresponding law means the following: (a) a law of another jurisdiction that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the other jurisdiction to be a law that corresponds to this Act, the law declared under that regulation for the other jurisdiction; (b) if the term is used in relation to a matter that happened before the commencement of the law of another jurisdiction that, under paragraph (a), is the corresponding law for the other jurisdiction, a previous law applying to legal practice in the other jurisdiction; the Council means the council of the Law Society; director, in relation to— (a) a company within the meaning of the Corporations Act 2001 of the Commonwealth—means a director as defined in section 9 of that Act; or (b) any other body corporate, or body corporate of a kind, prescribed by the regulations—means a person specified or described in the regulations; document means book, file, account, paper (including a security or any instrument) or any record of information, whether in writing or accessible only through the use of a computer or other device; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; elective officer of the Society means an officer of the Society elected by the members of the Society in accordance with its rules; Fidelity Fund means the Legal Practitioners Fidelity Fund maintained by the Society under Part 4; fiduciary or professional default in relation to a legal practitioner means— (a) any defalcation, misappropriation or misapplication of trust money received in the course of legal practice by the legal practitioner or an incorporated legal practice or firm of which the legal practitioner is a member; or (b) any wrongful or negligent act or omission occurring in the course of the practice of the legal practitioner, or an incorporated legal practice or firm of which the legal practitioner is a member, whether committed by the legal practitioner, an employee of the legal practitioner or any other person; foreign country means— (a) a country other than Australia; or (b) a state, province or other part of a country other than Australia; foreign law means law of a foreign country; home jurisdiction—see section 5B; incorporated legal practice has the same meaning as in Schedule 1; interstate legal practitioner means a natural person— (a) who has been admitted as a legal practitioner in a participating State; and (b) who holds an interstate practising certificate issued or given by a regulatory authority in that State or is entitled by admission or otherwise to practise the profession of the law in that State; and (c) who is not a local legal practitioner; and (d) whose principal place of legal practice is not this State; interstate practising certificate means a certificate or other form of authorisation issued by a regulatory authority in a participating State that confers an authority to practise the profession of the law in that State, whether that authority is general or subject to limitations or conditions; interstate-registered foreign lawyer means a person who is registered as a foreign lawyer under a corresponding law; jurisdiction means a State or Territory of the Commonwealth; law practice means— (a) a legal practitioner who is a sole practitioner; or (b) a firm of— (i) legal practitioners; or (ii) incorporated legal practices; or (iii) legal practitioners and incorporated legal practices; or (c) an incorporated legal practice that practises on its own account; or (d) a community legal centre; the Law Society or the Society means The Law Society of South Australia; legal costs includes disbursements; legal practitioner or practitioner means— (a) a person duly admitted and enrolled as a barrister and solicitor of the Supreme Court; or (ab) an interstate legal practitioner who practises the profession of the law in this State; legal practitioner director means a director of an incorporated legal practice who is a legal practitioner holding an unrestricted practising certificate; legal profession rules means— (a) the Society's professional conduct rules; (b) any other rules prescribed by the regulations for the purposes of this definition; legal services means work done, or business transacted, in the ordinary course of engaging in legal practice; local legal practitioner means a legal practitioner who holds a practising certificate; locally registered foreign lawyer means a person who is registered as a foreign lawyer under this Act; LPEAC means the Legal Practitioners Education and Admission Council established under Division 1 of Part 2A; money includes any instrument for the payment of money that may be negotiated by an ADI; mortgage financing means facilitating a loan secured by mortgage by— (a) acting as an intermediary to match a prospective lender and borrower; and (b) subsequently arranging the loan; and (c) receiving or dealing with payments for the purposes of, or under, the loan, but does not include the provision of legal advice or the preparation of an instrument; officer means— (a) in relation to a company within the meaning of the Corporations Act 2001 of the Commonwealth—an officer as defined in section 9 of that Act; or (b) in relation to any other body corporate, or body corporate of a kind, prescribed by the regulations—a person specified or described in the regulations; participating State means a State in which a corresponding law is in force; partner includes— (a) an incorporated legal practice that engages in legal practice as a member of a firm of incorporated legal practices or a firm of legal practitioners and incorporated legal practices; and (b) a legal practitioner director of an incorporated legal practice referred to in paragraph (a); practise the profession of the law, in relation to a legal practitioner or incorporated legal practice—see section 21 (and engage in legal practice and practise have the same meaning); practising certificate means a practising certificate issued under Part 3; principal—see section 5A; professional mentoring agreement—see section 90B; professional misconduct—see section 69; professional obligations of a legal practitioner or an incorporated legal practice include— (a) duties to the Supreme Court; and (b) obligations in connection with conflicts of interest; and (c) duties to clients, including disclosure; and (d) ethical rules required to be observed by legal practitioners; Regulator means— (a) in relation to this jurisdiction—the Commissioner; or (b) in relation to another jurisdiction—the person or body defined as the Regulator in relation to that jurisdiction by the corresponding law of that jurisdiction or, if there is no such definition, the person or body with functions or powers under the corresponding law that correspond to those of the Commissioner under this Act; regulatory authority means— (a) in relation to this State—the Supreme Court, LPEAC, the Society, the Commissioner or the Tribunal; (b) in relation to a participating State—a person or body in that State having a function conferred by legislation relating to regulation of legal practice that corresponds to a function exercised under this Act by a regulatory authority of this State; (c) in relation to another jurisdiction— (i) if there is only 1 regulatory authority for the other jurisdiction—that regulatory authority, unless subparagraph (iii) applies; or (ii) if there are separate regulatory authorities for the other jurisdiction for different branches of the legal profession or for persons who practise in a particular style of legal practice—the regulatory authority relevant to the branch or style concerned, unless subparagraph (iii) applies; or (iii) if the regulations specify or provide for the determination of 1 or more regulatory authorities for the other jurisdiction either generally or for particular purposes—the regulatory authority or authorities specified or determined in accordance with the regulations; related body corporate means— (a) in relation to a company within the meaning of the Corporations Act 2001 of the Commonwealth—a related body corporate within the meaning of section 50 of that Act; or (b) in relation to any other body corporate, or body corporate of a kind, prescribed by the regulations—a person specified or described in the regulations; serious offence means an offence, whether committed in or outside this State, that is— (a) an indictable offence against a law of this State, the Commonwealth or a State or Territory of the Commonwealth (whether or not the offence is or may be dealt with summarily); or (b) an offence against a law of a State or Territory of the Commonwealth that would be an indictable offence against a law of this State if committed in this State (whether or not the offence could be dealt with summarily if committed in this State); or (c) an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth or this State if committed in this State (whether or not the offence could be dealt with summarily if committed in this State); show cause event, in relation to a person, means the person— (a) becoming bankrupt or being served with notice of a creditor's petition presented to the Court under section 43 of the Bankruptcy Act 1966 of the Commonwealth; or (b) presenting (as a debtor) a declaration to the Official Receiver under section 54A of the Bankruptcy Act 1966 of the Commonwealth of his or her intention to present a debtor's petition or presenting (as a debtor) such a petition under section 55 of that Act; or (c) applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with his or her creditors or making an assignment of his or her remuneration for their benefit; or (d) being convicted of a serious offence or a tax offence, whether or not— (i) the offence was committed in or outside this State; or (ii) the offence was committed while the person was practising the law as a legal practitioner or was practising foreign law as an Australian-registered foreign lawyer, as the case requires; or (iii) other persons are prohibited from disclosing the identity of the offender; sole practitioner means a legal practitioner who practices the profession of the law on his or her own account; solicitor includes attorney and proctor; spouse—a person is the spouse of another if they are legally married; State includes a Territory; the statutory interest account means the Statutory Interest Account maintained by the Society under Part 4; tax offence means an offence under the Taxation Administration Act 1953 of the Commonwealth, whether committed in or outside this State; the Tribunal means the Legal Practitioners Disciplinary Tribunal established under Part 6; trust account has the meaning given in Schedule 2; trust money has the meaning given in Schedule 2; unqualified person means a person (including a body corporate) who is not entitled to practise the profession of the law; unrestricted practising certificate means a practising certificate that is not subject to any condition under this Act or a corresponding law requiring the holder to engage in supervised legal practice or restricting the holder to practise as, or in the manner of, a barrister; unsatisfactory professional conduct—see section 68. (2) If under a corresponding law an interstate legal practitioner's right to practise does not derive from the holding of an interstate practising certificate, then a reference in this Act to an interstate practising certificate, or the endorsement of a condition on an interstate practising certificate, is to be read as a reference to the practitioner's right to engage in legal practice under that law or to the imposition of a condition on that right. (3) For the purposes of this Act, a legal practitioner establishes an office in a State when the practitioner offers or provides services in the course of legal practice to the public in the State from an office maintained by the practitioner, or by the employer or a partner of the practitioner, or by a corporation of which the practitioner is a director, for the purpose in the State. (4) Nothing in this Act or the legal profession rules affects the exercise by the Director of Public Prosecutions, the Crown Solicitor or a prosecutor instructed by the Director of Public Prosecutions or the Crown Solicitor of any discretion in the context of a prosecution. (6) The Governor may, by proclamation, declare a law of another State to be a corresponding law and may, by subsequent proclamation, vary or revoke any such declaration. 5A—Terms relating to associates and principals of law practices (1) For the purposes of this Act, an associate of a law practice is— (a) a legal practitioner who is— (i) a sole practitioner (in the case of a law practice constituted by the practitioner); or (ii) a partner in the law practice (in the case of a firm of legal practitioners); or (iii) a legal practitioner director in the law practice (in the case of an incorporated legal practice); or (iiia) a legal practitioner director in an incorporated legal practice that is a member of the law practice (in the case of a firm of incorporated legal practices or a firm of legal practitioners and incorporated legal practices); or (iv) an employee of, or consultant to, the law practice; or (b) an agent of the law practice who is not a legal practitioner; or (c) an employee of the law practice who is not a legal practitioner; or (d) an Australian-registered foreign lawyer who is a partner in the law practice; or (e) an Australian-registered foreign lawyer who has a relationship with the law practice, being a relationship that is of a class prescribed by the regulations. (2) For the purposes of this Act, a legal practitioner associate of a law practice is an associate of the practice who is a legal practitioner. (3) For the purposes of this Act, a principal of a law practice is a legal practitioner who is— (a) a sole practitioner (in the case of a law practice constituted by the practitioner); or (b) a partner in the law practice (in the case of a firm of legal practitioners or of incorporated legal practices or of both); or (c) a legal practitioner director in the law practice (in the case of an incorporated legal practice that is a law practice); or (ca) a legal practitioner director of an incorporated legal practice that is a member of the law practice (in the case of a firm of incorporated legal practices); or (d) a legal practitioner who is generally responsible for the provision of legal services by the law practice (in the case of a community legal centre). 5B—Home jurisdiction (1) The home jurisdiction for a legal practitioner is the jurisdiction in which the practitioner's only or most recent current Australian practising certificate was granted. (2) The home jurisdiction for an Australian-registered foreign lawyer is the jurisdiction in which the lawyer's only or most recent current registration was granted. 6—Fusion of legal profession (1) It is Parliament's intention that the legal profession should continue to be a fused profession of barristers and solicitors. (2) The voluntary establishment of a separate bar is not, however, inconsistent with that intention, nor is it inconsistent with that intention for legal practitioners voluntarily to confine themselves to practice as solicitors. (3) An undertaking by a legal practitioner to practise solely as a barrister or to practise solely as a solicitor is contrary to public policy and void (but this subsection does not extend to an undertaking contained in or implied by a contract or professional engagement to provide legal services of a particular kind for or on behalf of another person). (3a) Nothing in this section affects the validity of any undertaking given to the Supreme Court by a legal practitioner who receives the title "Queen's Counsel", "King's Counsel" or "Senior Counsel" relating to the use of that title in the course of legal practice. (4) Despite this section, an association of legal practitioners may be lawfully constituted on the basis that membership is confined to legal practitioners who practise solely in a particular field of legal practice or in a particular way. (5) No contractual or other requirement may be lawfully imposed on a legal practitioner to join an association of legal practitioners.

Part 2

The Law Society of South Australia

Part 2—The Law Society of South Australia

Div 1

Establishment and administration of the Society

Division 1—Establishment and administration of the Society 7—Incorporation and powers of Society (1) The society formerly known as the "Law Society of South Australia Incorporated" continues in existence as a body corporate under the name The Law Society of South Australia. (2) The Society— (a) has perpetual succession and a common seal; and (b) is capable of suing and being sued. (2a) Where an apparently genuine document purports to bear the common seal of the Society, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Society was duly affixed to that document. (2b) The Society has the powers of a natural person. (3) The membership of the Society consists of all persons who have been admitted to membership of the Society, and who, for the time being, continue to be members of the Society, in accordance with the rules of the Society. 8—Officers and employees of Society (1) The following officers of the Society will be elected in accordance with the rules of the Society: (a) the President; and (ab) the President-Elect; and (b) the Vice-Presidents (the number of whom will be determined by the rules); and (c) such other elective officers as may be stipulated by the rules. (2) There will be a Chief Executive of the Society. (3) The Chief Executive and any other employees of the Society will be appointed and hold office on such terms and conditions as the Society may determine. 9—Council of Society (1) There will be a council of the Society. (2) The Council consists of— (a) the Attorney-General; and (b) the President of the Society; and (ba) the President-Elect of the Society; and (c) the Vice-Presidents of the Society; and (d) the other elective officers of the Society; and (e) any persons who are, in accordance with the rules of the Society, members of the Council ex officio; and (f) any persons who are co-opted in accordance with the rules of the Society to membership of the Council; and (g) such other persons as are elected, in accordance with the rules of the Society, to be members of the Council. 10—Validation of acts of Council No act or proceeding of the Council is invalid by virtue of any vacancy in its membership or any defect in the appointment or election of any member of the Council. 11—Management of Society's affairs (1) Subject to this Act, and to the rules of the Society, the Council has the management of all the affairs of the Society, and may exercise all the powers of the Society. (2) Subject to this Act, the Council may delegate any of its powers to— (a) a committee consisting of such persons as the Council thinks fit; or (ab) a company that is a subsidiary of the Society within the meaning of section 46 of the Corporations Act 2001 of the Commonwealth; or (b) any officer or employee of the Society. (3) A delegation under this section is revocable at will and does not derogate from the power of the Council to act itself in any matter. 12—Minutes of proceedings (1) The Society must cause minutes of the proceedings of— (a) all general meetings of the members of the Society; and (b) all meetings of the Council, to be entered in a book or books kept for the purpose. (2) An apparently genuine document purporting to be verified by the Chief Executive and— (a) purporting to be— (i) minutes entered in pursuance of this section; or (ii) an extract from any such minutes; or (b) purporting to be— (i) minutes of the proceedings of any committee established by the Council; or (ii) an extract from any such minutes, will be accepted in any legal proceedings as evidence of the proceedings to which the document relates. (3) Subject to subsection (4), the Society must at the request of any member of the Society produce for inspection the minutes of— (a) any general meeting of the Society; and (b) any meeting of the Council; and (c) any meeting of any committee established by the Council. (4) The Society is not required to produce minutes for inspection under subsection (3) if the minutes are of a confidential nature and have been entered in a minute book kept specifically for the purpose of recording minutes of such a nature. (5) In any legal proceedings it will be presumed, in the absence of proof to the contrary, that any meeting of— (a) the members of the Society; or (b) the Council; or (c) any committee established by the Council, was duly convened and constituted, and that the proceedings of any such meeting were regularly conducted. (6) An apparently genuine document purporting to be under the hand of the President, the President-Elect, a Vice-President, or the Chief Executive, of the Society and to certify that a person named in the document has been duly elected or appointed to a specified office in the Society, or in the employment of the Society, will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the matter so certified. 13—Society's right of audience (1) The Society may appoint a legal practitioner to appear before any court, commission or tribunal in any matter affecting the interests of the Society or the members of the Society, or in which the Society is directly or indirectly concerned or interested. (2) Without limiting the generality of subsection (1), a practitioner so appointed is entitled to appear— (a) in any proceedings instituted by the Society; or (b) in any proceedings in which a person seeks admission as a legal practitioner; or (c) in any proceedings in which it is alleged that a practitioner is guilty of unsatisfactory professional conduct or professional misconduct; or (d) in any proceedings under this Act. (3) The Society must, as soon as practicable after appointing a legal practitioner to appear before a court, commission or tribunal under subsection (1), notify the Attorney‑General of the appointment. 14—Rules of Society (1) The Society, in general meeting, may make rules— (a) to define the objects of the Society; or (b) to provide for the election of a President, the President-Elect, Vice-Presidents and other elective officers of the Society and to define the conditions on which they hold office; or (c) to provide for the election of members of the Council, and to define the conditions on which they hold office; or (d) to provide for the filling of casual vacancies occurring in elective offices of the Society and in the membership of the Council; or (e) to regulate the meetings and proceedings of, and the conduct of business by, the Council, or any committee to which it has delegated any of its powers; or (f) to provide for the execution of documents by or on behalf of the Society; or (g) to define the terms and conditions on which a person may be admitted to membership of the Society and to provide for the resignation, expulsion and re-admission of members of the Society; or (h) to prescribe, and provide for the payment of, subscriptions by members of the Society; or (i) to provide for the administration of any fund or ADI account under the control of the Society; or (j) to make any other provision relating to the administration of the Society. (2) A member of the Society, or a legal practitioner, is entitled, on payment of such fee as may be prescribed by rules under this section, to receive a printed copy of the rules in force for the time being under this section. (3) The Attorney-General may, by instrument in writing, certify that a rule made by the Society under this section relates only to the internal administration of the Society and where such a certificate has been given under this section, section 10 of the Subordinate Legislation Act 1978 does not apply in respect of the rule.

Div 2

The Litigation Assistance Fund

Division 2—The Litigation Assistance Fund 14A—The Litigation Assistance Fund (1) The Society is authorised and required to administer the Litigation Assistance Fund in accordance with the Deed of Trust. (2) The Society may, despite any other law, enter into an agreement with a party to legal proceedings to whom assistance is provided in accordance with the Deed of Trust, under which the party is required to make a payment to the Society, for the credit of the Litigation Assistance Fund, if those legal proceedings are resolved in favour of that party. Deed of Trust means the Deed of Trust dated 2 April 1992 under which the Litigation Assistance Fund is established, and includes that Deed as amended from time to time. (4) Any— (a) communication between the Society, or any officer, employee or agent of the Society, and an applicant for assistance from the Litigation Assistance Fund; or (b) document in the possession of the Society concerning the affairs of an applicant for assistance from the Fund, is privileged from production or disclosure in the same way and to the same extent as if it were a communication between legal practitioner and client.

Div 3

Reporting obligations

Division 3—Reporting obligations 14AB—Certain matters to be reported by Society (1) If— (a) the Society appoints an investigator or external examiner under Schedule 2 or a supervisor or a manager under Division 9 of Part 3; or (b) the Society determines that a claim made against the Fidelity Fund is valid; or (c) a matter comes to the attention of the Society such that the Society decides that there are reasonable grounds to suspect that a legal practitioner, former legal practitioner or Australian‑registered foreign lawyer has committed an act or omission that would constitute unsatisfactory professional conduct or professional misconduct, the Society must, as soon as practicable, provide a report to the Commissioner in relation to the matter. (2) The Society must comply with any reasonable request of the Commissioner for further information in relation to the subject matter of a report under this section.

Part 2A

The Legal Practitioners Education and Admission Council and the Board of Examiners

Part 2A—The Legal Practitioners Education and Admission Council and the Board of Examiners Division 1—The Legal Practitioners Education and Admission Council 14B—Establishment of LPEAC (1) The Legal Practitioners Education and Admission Council (LPEAC) is established. (2) LPEAC— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued. (3) Where an apparently genuine document purports to bear the common seal of LPEAC, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of LPEAC was duly affixed to that document. (4) LPEAC has the powers of a natural person. (5) LPEAC consists of— (a) the Chief Justice; and (b) the Attorney-General; and (c) three judges (each of whom is either a judge of the Supreme Court or a judge of the Federal Court) appointed by the Chief Justice; and (da) the Dean (or acting Dean) of the faculty or school of law at Adelaide University; and (e) the Dean (or acting Dean) of the faculty or school of law at The Flinders University of South Australia; and (eb) the presiding member of the Board of Examiners; and (f) a law student nominated in a manner determined by the Chief Justice and appointed by the Chief Justice; and (g) a legal practitioner appointed by the Attorney-General; and (h) four legal practitioners appointed by the Society (at least one of whom will, at the time of appointment, be a legal practitioner who is practising predominantly as a barrister). (6) The Chief Justice and the Attorney-General may each appoint a person to act as his or her deputy at any meeting of LPEAC that the Chief Justice or the Attorney-General is unable to attend. (7) The Chief Justice will be the presiding member of LPEAC. 14C—Functions of LPEAC (1) LPEAC has the following functions: (a) to make rules prescribing— (i) the qualifications for admission of a person as a barrister and solicitor of the Supreme Court; and (ii) the qualifications for the issue and renewal of practising certificates, including requirements for post-admission education, training or experience; and (iii) the categories (if any) of practising certificate to be issued by the Supreme Court under Part 3 and the limitations on the practice of the profession of the law that apply in relation to those categories; (b) to participate in the development of uniform national standards relating to the qualifications necessary for persons practising the profession of the law; (c) to keep the effectiveness of legal education and training courses and post-admission experience under review so far as is relevant to qualifications for legal practice; (d) to perform any other functions assigned to LPEAC by this Act or any other Act. (2) A rule made under this section may leave a matter to be determined according to the discretion of LPEAC or the Supreme Court. (3) Subject to subsection (4), a rule requiring legal practitioners to undertake further education or training or obtain further experience may only be made under this section with the concurrence of the Attorney-General. (4) A rule requiring legal practitioners who have been practising the profession of the law for less than two years to undertake further education or training or obtain further experience within a time specified in the rule, or providing for extensions of the specified time to be granted, may be made without the concurrence of the Attorney-General. 14D—Conditions of membership (1) Subject to this Act, an appointed member of LPEAC (other than the member appointed as a law student) will be appointed for a term of office of three years and, on the expiration of a term of office, is eligible for reappointment. (2) The member of LPEAC appointed as a law student will hold office for a term of one year. (3) The Chief Justice may remove an appointed member of LPEAC from office for— (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) neglect of duty; or (c) dishonourable conduct. (4) The office of an appointed member of LPEAC becomes vacant if the member— (a) dies; or (b) completes a term of office; or (c) resigns by written notice addressed to the Chief Justice; or (d) in the case of a member who is a legal practitioner—ceases to be a legal practitioner or is disciplined under this Act or by the Supreme Court or under an Act or law of another State or Territory of the Commonwealth for regulating the conduct of persons practising the profession of the law; or (e) in the case of a member appointed as a law student—ceases to be a law student; or (f) is removed from office pursuant to subsection (3). (5) On the office of a member of LPEAC becoming vacant, a person may be appointed in accordance with this Act to the vacant office but, where the office of a member of LPEAC becomes vacant before the expiration of a term of appointment, the successor will be appointed only for the balance of the term. 14E—Procedures of LPEAC (1) Eight members of LPEAC (one of whom must be the presiding member or a judicial member of LPEAC) constitute a quorum of LPEAC, and no business may be transacted at a meeting of LPEAC unless a quorum is present. (2) A decision carried by a majority of the votes cast by the members present at a meeting of LPEAC is a decision of LPEAC. (3) Subject to this section, each member of LPEAC is entitled to one vote on any matter arising for decision by LPEAC and, in the event of an equality of votes, the person presiding at the meeting is entitled to a second or casting vote. (4) The member of LPEAC appointed as a law student is not to be counted for the purposes of determining whether a quorum is present and is not entitled to vote on any matter arising for decision by LPEAC. (5) The presiding member will preside at any meeting of LPEAC at which the member is present and, in the absence of the presiding member, a judicial member chosen in a manner determined by the Chief Justice, will preside at the meeting. (6) Subject to this Act, the business of LPEAC may be conducted in such manner as LPEAC may determine. 14F—Validity of acts and immunity of members (1) An act or proceeding of LPEAC is not invalid by reason only of a vacancy in its membership, and, notwithstanding the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed. (2) No liability attaches to a member of LPEAC for any act or omission by the member, or by LPEAC, in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties, under this Act. 14G—Advisory Committees (1) LPEAC may appoint such advisory committees as LPEAC considers necessary for the purpose of providing LPEAC with expert advice on any matter to be determined by LPEAC. (2) A member of an advisory committee holds office on terms and conditions determined by LPEAC. (3) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by LPEAC; or (b) insofar as the procedure is not determined under paragraph (a), as determined by the relevant committee. 14H—Annual report (1) LPEAC must, on or before 31 October in each year, prepare and present to the Attorney-General a report on the operations of LPEAC for the last financial year. (2) The Attorney-General must, within 12 sitting days after receiving a report from LPEAC, cause copies of the report to be laid before both Houses of Parliament. Division 2—The Board of Examiners 14I—Establishment of Board of Examiners (1) The Board of Examiners is established. (2) The Board of Examiners will consist of 15 members appointed by the Chief Justice of whom— (a) one must be an Associate Justice of the Supreme Court; and (b) two must be persons nominated by the Attorney-General; and (c) 12 must be legal practitioners. (3) A member of the Board of Examiners holds office on terms and conditions determined by the Chief Justice. (4) The Chief Justice may appoint a person to be the deputy of the member of the Board of Examiners who is an Associate Justice of the Supreme Court and the deputy may, in the absence of the member, act in his or her place. (5) The member of the Board of Examiners who is an Associate Justice of the Supreme Court will be the presiding member. 14J—Functions of Board of Examiners The Board of Examiners has the functions and powers conferred on it under this Act or by LPEAC. 14K—Procedures of Board of Examiners (1) Five members of the Board of Examiners (one of whom must be the presiding member or the presiding member's deputy) constitute a quorum of the Board, and no business may be transacted at a meeting of the Board of Examiners unless a quorum is present. (2) Subject to this Act, the procedures to be observed in relation to the conduct of the business of the Board of Examiners will be— (a) as determined by LPEAC; or (b) insofar as the procedure is not determined under paragraph (a), as determined by the Board. 14L—Validity of acts and immunity of members (1) An act or proceeding of the Board of Examiners is not invalid by reason only of a vacancy in its membership, and, notwithstanding the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed. (2) No liability attaches to a member of the Board of Examiners for any act or omission by the member, or by the Board, in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties, under this Act.

Part 3

The practice of the law

Part 3—The practice of the law Division 1—Admission and enrolment of legal practitioners 15—Entitlement to admission (1) A person who satisfies the Supreme Court— (a) that he or she is a fit and proper person to practise the profession of the law; and (c) that— (i) he or she has complied with— (A) the rules of the Supreme Court relating to the admission of barristers and solicitors of the Supreme Court; and (B) the rules made by LPEAC under this Act prescribing the qualifications for admission as a barrister and solicitor of the Supreme Court; or (ii) insofar as there has been non-compliance with those rules, he or she should be exempted from such compliance, is entitled to be admitted and enrolled as a barrister and solicitor of the Supreme Court. (1a) The Supreme Court must refer each application for admission and enrolment by a person whose name has been removed from the roll of legal practitioners maintained under this Act to the Attorney‑General, the Commissioner and the Society, each of whom is entitled to be heard by the Court on the application in accordance with the rules of the Court. (2) The Supreme Court must refer each application for admission and enrolment to the Board of Examiners for its report and recommendation on the application. (3) The Board of Examiners may refer any matter raised by an application to LPEAC for its advice or, if the rules so provide, its determination. (4) The Board of Examiners must, on or before the day on which its report and recommendation on an application is provided to the Supreme Court, provide the applicant with— (a) a copy of the report and recommendation; and (b) if the recommendation is that the application be rejected—a statement of the reasons for the recommendation. Board of Examiners means the Board of Examiners established under Division 2 of Part 2A. Division 2—Practising certificates 16—Issue of practising certificate (1) Where a legal practitioner who has been admitted and enrolled as a barrister and solicitor of the Supreme Court (not being a legal practitioner who has been suspended from practice) applies to the Supreme Court for a practising certificate, the Court will, subject to this Act, issue a practising certificate in the practitioner's name. (2) If LPEAC has made rules prescribing different categories of practising certificate and a legal practitioner has applied for a particular category of certificate under subsection (1), the practising certificate issued by the Supreme Court in the practitioner's name may be of that category. (5) An application for a practising certificate must be accompanied by the prescribed fee and levy. (6) If LPEAC has made rules prescribing different categories of practising certificate, the regulations may prescribe different fees and levies for different categories of certificate. 17—Restriction on issue of practising certificates in certain cases (1) If, for a period exceeding one month, a legal practitioner has not held a practising certificate, the Supreme Court may, on application for a practising certificate, require the practitioner to furnish evidence satisfying it that the practitioner— (a) has not practised the profession of the law without holding a practising certificate; or (b) has not committed any other act that might constitute a proper ground for disciplinary action. (2) Where an applicant for a practising certificate has, without lawful excuse, practised the profession of the law while not holding a practising certificate, the Supreme Court may require the applicant to pay a prescribed fine before it issues a practising certificate to the applicant. (3) The Supreme Court may, in any case that it considers appropriate, issue a practising certificate that has effect from a date prior to the date of issue of the certificate. 17A—Conditions as to training etc (1) A practising certificate will, if the rules made by LPEAC under this Act so require, be issued or renewed subject to conditions determined by LPEAC— (a) requiring the holder of the certificate to undertake or obtain further education, training and experience required or determined under the rules; and (b) limiting the rights of practice of the holder of the certificate until that further education, training and experience is completed or obtained. (2) LPEAC may, on such terms as it thinks fit, determine that such conditions will not apply, either wholly or in part, in relation to any practitioner or practitioners of a particular class. (3) If the holder of a practising certificate issued or renewed subject to conditions under subsection (1) fails to satisfy LPEAC, in accordance with the rules, of compliance with the conditions, LPEAC may determine— (a) that further conditions (determined by LPEAC) are to be imposed; or (b) that the practising certificate is to be cancelled, or is not to be renewed, and no new practising certificate is to be issued to the person until stipulated conditions have been complied with, (and a determination under this subsection takes effect on a date fixed by LPEAC). (4) LPEAC may delegate any of its functions or powers under this section to the Board of Examiners. (5) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent LPEAC from acting in any matter. (6) A decision of LPEAC or the Board of Examiners under this section may be appealed against to the Supreme Court by the person in relation to whom the decision was made or the Attorney-General or the Society. (7) On such an appeal, the Supreme Court— (a) may confirm, vary or reverse the decision of LPEAC or the Board of Examiners; and (b) may make any consequential or ancillary order. (8) For the purposes of this section insofar as it relates to a legal practitioner who is admitted and enrolled as a notary public under the Notaries Public Act 2016, a reference to rules made by LPEAC includes rules made by LPEAC under that Act. 18—Term and renewal of practising certificates (1) Subject to this Act, the Supreme Court may issue a practising certificate for such period (not exceeding 12 months) as the Court thinks fit. (2) Subject to this Act, the Supreme Court will, on receipt of due application for the renewal of a practising certificate made before the date of expiration of the practising certificate, renew the practising certificate and the practising certificate then, subject to this Act, remains in force for the period stated in the practising certificate as renewed (which must not exceed 12 months). (2a) If the Supreme Court is satisfied that any particulars appearing on a practising certificate are incorrect, the Court may cancel the practising certificate and issue a replacement practising certificate. (3) Where a practising certificate that has been suspended under this Act for a period or until the happening of some event expires before the end of that period or before the happening of that event, the practising certificate may not be renewed until the expiration of that period or the happening of that event (as the case may be). 19—Insurance requirements (1) Where a scheme under section 52 is in force requiring legal practitioners to be insured against liabilities that may arise in the course of, or in relation to, legal practice— (a) the Supreme Court cannot issue or renew a practising certificate unless the applicant produces evidence to the satisfaction of the Court that the applicant has obtained the insurance against such liabilities required by the scheme for the term for which the certificate is to be issued or renewed; and (b) if, at any time during the term of a practising certificate so issued or renewed, the holder of the certificate ceases to be insured against such liabilities as required by the scheme, the practising certificate will be taken to be suspended until the holder of the certificate obtains such insurance. (2) This section does not apply in relation to a legal practitioner of a class excluded by regulation from the provisions of this section. 20—Register of practising certificates (1) The Supreme Court must cause a register of practising certificates to be kept. (2) A member of the public may inspect the register of practising certificates kept under this section. 20AA—Endorsement of conditions on practising certificates (1) If, in accordance with this Act, a regulatory authority of this or any participating State makes a determination or order— (a) imposing conditions on, or requiring the endorsement of conditions on, a legal practitioner's practising certificate; or (b) varying or revoking conditions on, or requiring the variation or revocation of conditions on, a legal practitioner's practising certificate, the Supreme Court may record or give effect to the determination or order by revoking the practising certificate currently held by the legal practitioner and issuing the legal practitioner with a new practising certificate in the appropriate form. (2) A regulatory authority must notify the Supreme Court of the making of a determination or order referred to in subsection (1). (3) If a determination or order is made imposing, varying or revoking conditions on a practising certificate, the determination or order will be taken to have effect from the date it is made, or from a subsequent date specified in the determination or order, and not from the date of issue of a new practising certificate under this section.

Div 2A

Amendment, suspension or cancellation of practising certificates

Division 2A—Amendment, suspension or cancellation of practising certificates 20AB—Application of Division This Division does not apply in relation to matters referred to in Division 2B. 20AC—Grounds for amending, suspending or cancelling practising certificate Each of the following is a ground for amending, suspending or cancelling a practising certificate: (a) the holder of the certificate is not a fit and proper person to hold the certificate; (b) if a condition of the certificate is that the holder of the certificate is or has been limited to legal practice specified in the certificate—the holder of the certificate is engaging in legal practice that the holder is not entitled to engage in under this Act. Such conditions could be imposed under section 17A(1)(b) or by the Commissioner or the Tribunal under Part 6. A particular category of certificate may also limit the holder of the certificate to specified legal practice. 20AD—Amending, suspending or cancelling practising certificates (1) The Supreme Court may, on the application of the Attorney‑General, the Society or the Commissioner, make an order amending, suspending or cancelling a practising certificate if the Court considers that a ground exists for the amendment, suspension or cancellation. (2) An application under this section— (a) must be served on the holder of the certificate in accordance with the rules of the Supreme Court; and (b) must— (i) specify the order sought by the applicant (including details of any amendment or suspension period proposed in the application); and (ii) state the ground for seeking the proposed order; and (iii) invite the holder to make written representations to the Court, within a time specified by the Court of not less than 7 days and not more than 28 days, as to why the order should not be made. (3) If, after considering all written representations made within the specified time and, in its discretion, written representations made after the specified time, the Supreme Court considers that a ground exists to— (a) make an order amending, suspending or cancelling the certificate as proposed in the application; or (b) make an order for the amendment or suspension of the certificate that is less onerous than the order proposed in the application, the Court may make the order. (4) If the Supreme Court makes an order amending, suspending or cancelling the practising certificate, the Court must give the holder a written notice about the order setting out— (a) the terms of the order; and (b) the reasons for the order. Under some provisions of this Act, a practising certificate is taken to be suspended by force of the provision. See, for example, section 19(1) and Schedule 1 clause 12(2). This section does not derogate from the power of LPEAC to cancel a practising certificate under section 17A. 20AE—Operation of amendment, suspension or cancellation of practising certificate (1) This section applies if an order is made to amend, suspend or cancel a practising certificate under section 20AD. (2) Subject to subsections (3) and (4), the amendment, suspension or cancellation of the practising certificate takes effect on the later of the following: (a) the day notice of the order is given to the holder of the certificate; (b) the day specified in the notice. (3) If the practising certificate is amended, suspended or cancelled because the holder of the certificate has been convicted of an offence— (a) the Supreme Court may, on the application of the holder, order that the operation of the amendment, suspension or cancellation of the practising certificate be stayed until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided, lapses or otherwise ends; and (b) the amendment, suspension or cancellation does not have effect during any period in respect of which the stay is in force. (4) If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence and the conviction is quashed— (a) the amendment or suspension ceases to have effect when the conviction is quashed; or (b) the cancellation ceases to have effect when the conviction is quashed and the certificate is restored as if it had merely been suspended. 20AF—Revocation of amendment, suspension or cancellation of practising certificate (1) The holder of a practising certificate that has been amended, suspended or cancelled under section 20AD may make written representations to the Registrar of the Supreme Court about the amendment, suspension or cancellation and the Court must consider the representations. (2) The Supreme Court may revoke the amendment, suspension or cancellation at any time, whether or not in response to any written representations made to it by the holder. Division 2B—Special powers in relation to practising certificates—show cause events 20AG—Applicant for practising certificate—show cause event (1) This section applies if— (a) a person is applying for a practising certificate; and (b) a show cause event in relation to the person happened, whether before or after the commencement of this section, after the person was first admitted to the legal profession in this or another jurisdiction (however the admission was expressed at the time of the admission). (2) As part of the application, the person must provide to the Supreme Court a written statement, in accordance with any prescribed requirements— (a) setting out particulars of the show cause event; and (b) explaining why, despite the show cause event, the applicant considers himself or herself to be a fit and proper person to hold a practising certificate. (3) However, the applicant need not provide a statement under subsection (2) if the person (as a previous applicant for a practising certificate or as the holder of a practising certificate previously in force) has previously provided to the Supreme Court— (a) a statement under this section; or (b) a notice and statement under section 20AH, explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to hold a practising certificate. (4) A notice or written statement provided to the Supreme Court under this section must be served by the applicant on the Commissioner and the Society, each of whom may make written representations to the Court in relation to the holder of the practising certificate within the time, and in accordance with the procedure, prescribed by rules of the Court. 20AH—Holder of practising certificate—show cause event (1) This section applies to a show cause event that happens in relation to the holder of a practising certificate. (2) The holder must provide to the Supreme Court both of the following: (a) within 7 days after the happening of the event—notice, in the form approved by the Court, that the event happened; (b) within 28 days after the happening of the event—a written statement explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to hold a practising certificate. (3) If a written statement is provided after the 28 days mentioned in subsection (2)(b), the Supreme Court may accept the statement and take it into consideration. (4) A notice and written statement provided to the Supreme Court under this section must be served by the holder on the Commissioner and the Society, each of whom may make written representations to the Court in relation to the holder of the practising certificate within the time, and in accordance with the procedure, prescribed by rules of the Court. 20AI—Refusal, amendment, suspension or cancellation of practising certificate—failure to show cause (1) The Supreme Court may refuse to issue or renew, or may amend, suspend or cancel, a practising certificate if the applicant or holder— (a) is required by section 20AG or 20AH to provide a written statement relating to a matter and has failed to provide a written statement in accordance with that requirement; or (b) has provided a written statement in accordance with section 20AG or 20AH but the Court does not consider that the applicant or holder has shown in the statement that, despite the show cause event concerned, he or she is a fit and proper person to hold a practising certificate. (1a) If an applicant for, or holder of, a practising certificate has provided a written statement in accordance with section 20AG or 20AH, the Supreme Court may make an order imposing conditions on the practising certificate— (a) relating to the legal practice of the applicant or holder; or (b) requiring that the applicant or holder, within a specified time, complete further education or training, or receive counselling, of a specified type. (2) For the purposes of this section only, a written statement accepted by the Supreme Court under section 20AH(3) is taken to have been provided in accordance with section 20AH. (3) If the Supreme Court makes a determination under this section, the Court must, as soon as practicable, give the applicant or holder written notice of the determination. Division 2C—Further provisions relating to practising certificates 20AJ—Immediate suspension of practising certificate (1) This section applies, despite Division 2A and Division 2B, if the Supreme Court considers, on application by the Attorney‑General, the Society or the Commissioner, or on the Court's own initiative, that it is necessary in the public interest to immediately suspend a practising certificate on— (a) any of the grounds on which the certificate could be suspended or cancelled under Division 2A; or (b) the ground of the happening of a show cause event in relation to the holder; or (c) any other ground that the Court considers warrants suspension of the certificate in the public interest, whether or not any action has been taken or commenced under Division 2A or Division 2B in relation to the holder. (2) The Supreme Court may, by written notice given to the holder, immediately suspend the practising certificate until the earlier of the following: (a) the time at which the Court informs the holder of the Court's decision by notice under section 20AD; (b) the end of the period of 56 days after the notice is given to the holder under this section. (3) The notice under this section must— (a) include a statement of— (i) the decision to suspend the practising certificate; and (ii) the reasons for the decision; and (b) state that the practitioner may make written representations to the Supreme Court about the suspension. (4) The holder may make written representations to the Supreme Court about the suspension, and the Court must consider the representations. (5) The Supreme Court may revoke the suspension at any time, whether or not in response to any written representations made to it by the holder. 20AK—Surrender and cancellation of practising certificate (1) The holder of a practising certificate may surrender the certificate to the Supreme Court. (2) The Supreme Court may cancel the certificate. Division 3—Entitlement to practise etc 21—Entitlement to practise (1) A natural person must not practise the profession of the law, or hold himself or herself out, or permit another to hold him or her out, as being entitled to practise the profession of the law unless the person— (a) is a local legal practitioner; or (b) is an interstate legal practitioner. (2) Without limiting the generality of subsection (1), but subject to subsection (3), a person practises the profession of the law, if acting for fee or reward on behalf of some other person he or she— (a) prepares any will or other testamentary instrument; or (b) prepares an instrument creating, transferring, assigning, modifying or extinguishing any estate or interest in real or personal property; or (c) prepares any instrument relating to the formation of a body corporate, any amendment to the constitution, rules or regulations of a body corporate, any prospectus or take-over scheme relating to a body corporate, or any instrument affecting the rights of shareholders or debenture holders in a body corporate or any scheme of arrangement in respect of a body corporate; or (d) prepares any other instrument creating, transferring, assigning, modifying or extinguishing any right, power or liability at law or in equity; or (e) represents any party to proceedings in a court or tribunal. (3) This section does not prevent— (a) an employee whose employer is a party to an instrument or otherwise entitled to prepare an instrument and who is acting in the ordinary course of employment from preparing the instrument provided that no separate charge is made by the employer or the employee for the preparation of the instrument; or (b) an unqualified person from charging a fee for the preparation of a bill of sale, stock mortgage or lien over wool or fruit to which the person is the party in whose favour the security is given or an instrument varying or discharging a bill of sale, stock mortgage or lien over wool or fruit to which the person is such a party; or (c) an unqualified person from charging a fee for the preparation of a mortgage over land to which the person is the party in whose favour the security is given, or an instrument varying or discharging a mortgage over land to which the person is such a party, provided that the mortgage or other instrument is prepared by a legal practitioner or conveyancer registered under the Conveyancers Act 1994; or (d) an unqualified person from charging a fee for the preparation of an instrument provided that— (i) the instrument is prepared by a legal practitioner in the employment of that unqualified person; and (ii) the legal practitioner has been in the employment of that unqualified person continuously since 1 July, 1980; or (da) an unqualified person from reproducing, or completing the standard variables of, a pro forma loan instrument for fee or reward for an ADI or other commercial lending institution provided that— (i) the substantive terms and conditions of the loan instrument are modified only by the parties or a legal practitioner or, where authorised by this or any other Act, by a conveyancer registered under the Conveyancers Act 1994; and (ii) the pro forma loan instrument is an approved Lands Titles Office document or has been prepared by a legal practitioner or, where authorised by this or any other Act, by a conveyancer registered under the Conveyancers Act 1994; or (e) an agent who has been commissioned to sell goods or let them out on hire, or to contract for the performance of services from preparing a contract for the sale or hire of goods or the provision of services provided that the agent is remunerated only by salary or commission and no separate charge is made by the agent or the principal for the preparation of the contract; or (f) an unqualified person from engrossing an instrument for fee or reward; or (g) an unqualified person from representing a party to proceedings in a court or tribunal for fee or reward, if the person is authorised by or under the Act by which the court or tribunal is constituted, or any other Act, to do so; or (i) an unqualified person who is an employee or officer of an association of employers or employees from representing the association or any of its members in proceedings brought pursuant to an Act relating to industrial conciliation or arbitration provided that the unqualified person (as distinct from the association of which the person is an employee or officer) makes no charge for providing the representation; or (j) an unqualified person who is an employee of a body corporate that is a party to proceedings brought pursuant to an Act relating to industrial conciliation or arbitration from representing the body corporate in the proceedings; or (k) an unqualified person who was on 2 March, 1981, carrying on the business of representing parties to proceedings brought pursuant to an Act relating to industrial conciliation and arbitration from continuing to carry on that business; or (l) an unqualified person from preparing, for fee or reward, any instrument relating to the transfer of shares or securities issued, or made available, by a body corporate; or (m) an agent registered under the Land Agents Act 1994 from preparing an instrument (other than an instrument registrable under the Real Property Act 1886) relating to the sale and purchase of any land or business that the agent has been commissioned to sell or buy, provided that the instrument is prepared by the agent personally or by a sales representative lawfully employed by the agent and no charge (apart from the commission payable to the agent in respect of the transaction) is made for the preparation of the instrument; or (n) an agent registered under the Land Agents Act 1994 from preparing for fee or reward— (i) a tenancy agreement relating to residential premises— (A) under which a rental not exceeding a maximum prescribed for the purposes of this subparagraph is payable; or (B) in respect of which the agent has approved professional indemnity insurance; or (ii) a tenancy agreement relating to non-residential premises arising from a transaction in respect of which the agent has acted as agent— (A) under which a rental not exceeding a maximum prescribed for the purposes of this subparagraph is payable; or (B) in respect of which the agent has approved professional indemnity insurance, provided that the instrument is prepared by the agent personally or by a sales representative lawfully employed by the agent; or (o) a conveyancer registered under the Conveyancers Act 1994 from preparing for fee or reward— (i) an instrument registrable under the Real Property Act 1886, the Community Titles Act 1996 or the Strata Titles Act 1988; or (ii) an instrument that creates or records a bill of sale, stock mortgage or lien over wool or fruit; or (p) a conveyancer registered under the Conveyancers Act 1994 from preparing for fee or reward— (i) a contract for the sale and purchase of land or a business; (ii) a tenancy agreement; (iii) an assignment of the benefit of a contract for the sale and purchase of land or a business or of a tenancy agreement; (iv) an instrument that arises from, and is incidental to, a contract, agreement or assignment of the kind mentioned in subparagraph (i), (ii) or (iii); or (q) an agent registered under the Land Agents Act 1994, being the employer of a legal practitioner or conveyancer registered under the Conveyancers Act 1994 from charging a fee for the preparation of an instrument of a kind mentioned in paragraph (o) or (p) where— (i) the instrument is prepared by the legal practitioner or conveyancer; and (ii) the agent is authorised by the Land and Business (Sale and Conveyancing) Act 1994 to charge a fee for the preparation by the legal practitioner or conveyancer of instruments registrable under the Real Property Act 1886; or (r) a notary public admitted and enrolled under the Notaries Public Act 2016 acting in the ordinary course of business from preparing an instrument for fee or reward; or (s) an officer or employee of a body corporate authorised by a special Act of Parliament of this State to administer the estates of deceased persons from preparing a will or other testamentary instrument for fee or reward provided that, if the body corporate or a related body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) is to be named as the executor, or one of the executors, of the will or instrument, any commission or other remuneration that will, or might, become payable in consequence of that appointment must be disclosed to the person on whose instructions the will or instrument is to be prepared; or (sa) an officer or employee of a trustee company from providing for fee or reward traditional trustee company services (within the meaning of Chapter 5D of the Corporations Act 2001 of the Commonwealth); or (u) an unqualified person from serving any process for fee or reward where the person is authorised or permitted by statute to do so; or (v) a clerk employed by a legal practitioner from serving any process for fee or reward; or (w) the preparation for fee or reward of an opinion on a question of law by a member of the faculty of law of a university provided that the opinion is prepared at the request of a legal practitioner, the Attorney-General of the State or of the Commonwealth, the Crown Solicitor or the Australian Government Solicitor or the Director of Public Prosecutions; or (x) the preparation for fee or reward of any prescribed instrument or the performance for fee or reward of any prescribed service. (3a) Subsection (1) does not apply to the practice of foreign law by an Australian-registered foreign lawyer in accordance with Schedule 1A. (4) For the purposes of this Act— (a) a person practises the profession of the law, or holds himself or herself out as entitled to practise the profession of the law, if the person does so personally, or through the agency or instrumentality of some other person; (b) a person acts for fee or reward if the person acts for, or in expectation of, a pecuniary benefit or material advantage; (ba) a person prepares an instrument if the person takes instructions for the preparation of such an instrument; (c) a person represents a party to proceedings before a court or tribunal if the person— (i) prepares, on behalf of that party, any legal process relating to the proceedings; or (ii) takes instructions from or gives advice to that party in relation to the conduct of the proceedings; or (iii) takes, on behalf of that party, any other step in the proceedings; (d) an employed legal practitioner who provides legal advice, or legal services of a kind mentioned in subsection (2), for or on behalf of his or her employer or clients of his or her employer practises the profession of the law. (4a) In proceedings for an offence against subsection (1), a certificate purporting to be signed by the Chief Executive and stating that a person is not a local legal practitioner or not an interstate legal practitioner is, in the absence of proof to the contrary, prima facie evidence of that fact. approved professional indemnity insurance means insurance— (a) that has been approved by the Attorney-General; or (b) that is of a class or kind that has been approved by the Attorney-General; business means a business as defined by the Land and Business (Sale and Conveyancing) Act 1994; loan instrument means a loan contract, mortgage, mortgage discharge, guarantee, or other instrument arising from, or incidental to, a loan transaction; member in relation to an association whose members include another association includes a member of that other association; tribunal includes a royal commission, the Independent Commission Against Corruption and an arbitrator who is a judge, special magistrate or legal practitioner; trustee company means a trustee company within the meaning of Chapter 5D of the Corporations Act 2001 of the Commonwealth. 22—Practising while under suspension etc If a legal practitioner— (a) practises the profession of the law, or holds him or herself out as being entitled to practise the profession of the law, while his or her right to do so is under suspension; or (b) contravenes or fails to comply with any conditions imposed on the practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate) by order of the Tribunal or the Supreme Court, 23—Unlawful representation (1) If any person (whether or not a legal practitioner) with a view to attracting business, falsely pretends to be the holder of any degree, diploma or certificate in law or adopts any style that leads reasonably to the false inference that the person holds any degree, diploma or certificate in law, the person is guilty of an offence. (2) If a person (whether or not a legal practitioner) holds out an unqualified person as being entitled to practise the profession of the law, the person is guilty of an offence. (3) If a legal practitioner— (a) permits or aids an unqualified person to practise the profession of the law, or acts in collusion with an unqualified person so as to enable that person to practise the profession of the law; or (b) enters into an agreement or an arrangement with an unqualified person under which the unqualified person is entitled to share in the profits arising from the practice of the law (otherwise than as permitted by this Act, or as may be authorised by the Society), (4) To avoid doubt, subsection (3)(b) does not apply to a legal practitioner who enters into an agreement or an arrangement with an Australian‑registered foreign lawyer under which the Australian‑registered foreign lawyer is entitled to share in the profits arising from the practice of foreign law in accordance with Schedule 1A. 23AA—Employment of disqualified person (1) Subject to this section, if a legal practitioner is a party to an agreement or arrangement to employ or engage, in connection with the practitioner's legal practice— (a) a person whose practising certificate is under suspension (whether a practising certificate under this Act or an interstate practising certificate); or (b) a person whose name has been struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating State that corresponds to the roll maintained under this Act (unless the person has been re-admitted), (2) It is a defence to a charge of an offence under subsection (1) to prove that the defendant did not know, and could not reasonably be expected to have known, that the person's practising certificate was under suspension or that the person's name had been struck off a roll of legal practitioners. (3) On application, the Tribunal may authorise a legal practitioner to be a party to an agreement or arrangement of a kind referred to in subsection (1), subject to conditions (if any) specified by the Tribunal. (4) An application for such an authorisation may be made to the Tribunal by— (a) a legal practitioner; or (b) a person whose practising certificate is under suspension or whose name has been struck off a roll of legal practitioners. (5) The Tribunal may grant such an authorisation in its discretion but only if satisfied— (a) that the person to be employed or engaged will not practise the profession of the law; and (b) that granting the authorisation on the specified conditions (if any) is not likely to create a risk to the public. (6) For the purposes of a hearing of an application under this section, the Tribunal is constituted of a panel of three of its members chosen by the presiding member (one of whom may be the presiding member). (7) The Tribunal must give to the Commissioner, and to any person on whose application a hearing is to be held, not less than seven days written notice of the time and place at which it intends to conduct the hearing, and must afford the Commissioner, and any such person, a reasonable opportunity to call and give evidence, to examine witnesses, and to make submissions to the Tribunal. (8) Subject to this section, sections 80, 84, 84B, 85, 86 and 88 apply to a hearing of an application under this section in the same way as to proceedings before the Tribunal under Part 6. (9) Where an application is granted by the Tribunal, and the Tribunal or the Supreme Court is satisfied that an appeal against the authorisation has been instituted, or is intended, it may suspend the operation of the authorisation until the determination of the appeal. (10) Where the Tribunal has suspended the operation of an authorisation under subsection (9), the Tribunal may terminate the suspension, and where the Supreme Court has done so, the Supreme Court may terminate the suspension. (11) A legal practitioner must comply with any conditions imposed on an authorisation by the Tribunal or the Supreme Court. (12) A legal practitioner is not guilty of an offence against this section in relation to an agreement or arrangement to which the practitioner is a party at the commencement of this section if— (a) the agreement or arrangement is authorised under this section on an application made within 12 months after that commencement; and (b) the legal practitioner complies with any conditions imposed on the authorisation.

Div 3A

Provisions relating to interstate legal practice

Division 3A—Provisions relating to interstate legal practice 23A—Interstate legal practitioners to be officers of Court An interstate legal practitioner who practises the profession of the law in this State is an officer of the Supreme Court. 23B—Limitations or conditions on practice under laws of participating States (1) An interstate legal practitioner must, in practising the profession of the law in this State— (a) observe any limitations in relation to the practitioner's entitlement to practise the profession of the law that apply under the law of a State in which the practitioner is admitted as a legal practitioner; and (b) comply with any condition in respect of his or her practice imposed by a regulatory authority in a participating State. (2) A condition imposed on a person by a regulatory authority in this or any other participating State has no effect for the purposes of subsection (1) to the extent (if any) to which it is inconsistent with a more onerous condition imposed on the person by another regulatory authority. (3) An interstate legal practitioner practising the profession of the law in this State must give written notice to the Supreme Court of any conditions or limitations imposed on the practitioner's interstate practising certificate— (a) in relation to conditions or limitations imposed before the practitioner commenced practising the profession of the law in this State—within 14 days of the practitioner commencing practising the profession of the law in this State; or (b) in relation to conditions or limitations imposed after the practitioner commenced practising the profession of the law in this State—within 28 days of the imposition of the conditions or limitations. (4) A contravention of or non-compliance with this section is professional misconduct. 23C—Additional conditions on practice of interstate legal practitioners (1) A regulatory authority of this State may, by notice in writing, at any time impose any condition on the practice of the profession of the law by an interstate legal practitioner in this State that it might impose by attaching a condition to the practising certificate of a local legal practitioner, as a result of disciplinary action or otherwise, and may at any time vary or revoke any such condition. (2) A regulatory authority of this State must not impose a condition that is more onerous than it would attach to the practising certificate of a local legal practitioner in the same or similar circumstances. 23D—Notification of establishment of office required (1) An interstate legal practitioner or Australian‑registered foreign lawyer who establishes an office in this State must, within the period after establishing the office prescribed by the regulations, give written notice to the Supreme Court. (2) A notice under this section must contain the particulars prescribed by the regulations and be accompanied by the prescribed fee. (3) A person giving notice to the Supreme Court under this section must furnish to the Supreme Court any evidence or information that the Supreme Court may require in relation to the practitioner's legal practice in this or any other State or jurisdiction. (4) If an interstate legal practitioner fails to give notice, or furnish evidence or information, in accordance with this section, the Supreme Court may, on application by the Commissioner, the Attorney-General or the Society, suspend the practitioner's right to practise the profession of the law in this State until this section is complied with. (5) The Supreme Court must give notice of a suspension imposed under subsection (4) to any regulatory authority that is authorised to seek or impose a corresponding suspension in a State in which the practitioner is admitted as a legal practitioner. (6) The Supreme Court must cause a register to be kept of the persons who have given notice under this section. (7) A member of the public may inspect the register kept under subsection (6).

Div 3B

Provisions relating to community legal centres

Division 3B—Provisions relating to community legal centres 23E—Community legal centres (1) A community legal centre does not contravene this Act merely because— (a) it employs, or otherwise uses the services of, legal practitioners to provide legal services; or (b) it has a contractual relationship with a person to whom those legal services are provided. (2) The regulations may modify or exclude the application of a provision of this Act to community legal centres or legal practitioners employed by community legal centres. (3) This section has effect despite anything to the contrary in this Act. 23F—Obligations and privileges of practitioners who are officers or employees (1) A legal practitioner who provides legal services on behalf of a community legal centre— (a) is not excused from compliance with professional obligations as a legal practitioner, or any obligations as a legal practitioner under any law; and (b) does not lose the professional privileges of a legal practitioner. (2) The regulations may make further provision in relation to the application of the professional obligations and professional privileges of a legal practitioner for the purposes of subsection (1). (3) The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because a legal practitioner is providing legal services on behalf of a community legal centre. (4) A legal practitioner who is providing legal services on behalf of a community legal centre may, for any proper purpose, disclose a matter to the officers of the centre (whether or not those officers are legal practitioners) and such disclosure will be taken not to affect the operation of client legal privilege (or other legal professional privilege). 23G—Undue influence A person must not cause or induce or attempt to cause or induce a legal practitioner who is providing legal services on behalf of a community legal centre to contravene this Act, the regulations, the legal profession rules or his or her professional obligations as a legal practitioner. 23H—Application of legal profession rules The legal profession rules, so far as they apply to legal practitioners, also apply to legal practitioners who provide legal services on behalf of a community legal centre, unless the rules otherwise provide. 23I—Costs If legal assistance has been provided to a person by a community legal centre, the centre is subrogated to the rights of the assisted person to costs in respect of that legal assistance.

Div 4

Provisions regulating legal practice by corporations

Division 4—Provisions regulating legal practice by corporations 24—Application of Schedule 1 The provisions set out in Schedule 1 apply in relation to a corporation that engages in legal practice in this jurisdiction.

Div 4A

Provisions regulating the practise of foreign law

Division 4A—Provisions regulating the practise of foreign law 24A—Application of Schedule 1A The provisions set out in Schedule 1A apply in relation to the practise of foreign law in this jurisdiction.

Div 5

Provisions regulating trust money and trust accounts

Division 5—Provisions regulating trust money and trust accounts 25—Application of Schedule 2 The provisions set out in Schedule 2 apply to law practices in respect of trust money and associated matters as specified in clause 4 of the Schedule.

Div 6

Delivery up of legal papers

Division 6—Delivery up of legal papers 39—Delivery up of legal papers (1) A court may, on the application of any person, order a person to whom this section applies to deliver up documents— (a) held by the person; or (b) relating to proceedings taken or work done by the person on behalf of the applicant. (2) The powers conferred by subsection (1) may be exercised notwithstanding the existence of a lien on the documents. (3) An order may be made under this section on such terms and conditions as the court thinks fit and, in particular, on conditions protecting the rights of the person against whom the order is made to costs for legal work done by the person on behalf of the applicant. (4) This section applies to— (a) a legal practitioner; and (b) a former legal practitioner; and (c) an Australian-registered foreign lawyer; and (d) a former Australian-registered foreign lawyer; and (e) an incorporated legal practice.

Div 7

Authority of a legal practitioner to act on behalf of a person of unsound mind

Division 7—Authority of a legal practitioner to act on behalf of a person of unsound mind 40—Authority of legal practitioner or foreign lawyer to act on behalf of person of unsound mind (1) The authority of a legal practitioner or Australian-registered foreign lawyer to act on behalf of a person is not abrogated by reason only of the fact that that person becomes of unsound mind. (2) When the mental unsoundness of a person on behalf of whom a legal practitioner or Australian-registered foreign lawyer is acting comes to the knowledge of the practitioner or lawyer, the authority of the practitioner or lawyer to act on behalf of that person ceases, subject to subsection (3), and determines. (3) Where it is necessary for the purpose of protecting the interests of a person of unsound mind in any legal proceedings or other business, the authority of a legal practitioner or Australian-registered foreign lawyer, notwithstanding that the practitioner or lawyer knows of the mental unsoundness of the person on behalf of whom the practitioner or lawyer is acting, continues for the purpose of completing those proceedings or that business.

Div 8

Costs disclosure and adjudication

Division 8—Costs disclosure and adjudication 41—Application of Schedule 3 The provisions set out in Schedule 3 apply in relation to the recovery of legal costs and adjudication of legal costs.

Div 9

Appointment of supervisors and managers

Division 9—Appointment of supervisors and managers 43A—Interpretation In this Division— legal practitioner means— (a) a local legal practitioner; or (b) an interstate legal practitioner who has established an office in this State; or (ba) an Australian-registered foreign lawyer who has established an office in this State; or (c) an incorporated legal practice. 44—Control over trust accounts of legal practitioners (1) If the Society knows, or suspects on reasonable grounds, that— (a) a legal practitioner has died (or in the case of a company, has been dissolved or is being wound up); or (b) a legal practitioner is for any reason not attending properly, or unable to attend properly, to the affairs of his or her practice; or (c) a legal practitioner has committed a serious irregularity in the course of practice, or a serious irregularity has occurred in the course of practice; or (d) a person has ceased to be a legal practitioner without making proper provision for winding up the affairs of his or her practice; or (e) any other proper cause exists for the appointment of a supervisor under this section, the Society may, by resolution of the Council, appoint a supervisor to exercise the powers conferred by this section. (2) A person appointed under subsection (1) has power to— (a) ascertain and verify entitlements to trust money; and (b) dispose of trust money to persons entitled to the money or in accordance with the Unclaimed Moneys Act 1891; and (c) execute cheques or other instruments for the purpose. (3) As soon as practicable after any such resolution has been passed, the Society must cause a written copy of the resolution to be served on— (a) the legal practitioner or former legal practitioner or his or her personal representative; and (b) any other person authorised to operate the trust account of the legal practitioner; and (c) the auditor (if any) of the trust account maintained by the legal practitioner or former legal practitioner; and (d) the manager or other principal officer of the office or branch of the ADI at which the legal practitioner or former legal practitioner maintained the trust account. (4) After service of the notice on the ADI, and until the resolution ceases to be effective— (a) no payment may be made by the ADI of any cheque or other instrument drawn on the trust account to which the resolution relates unless it bears the signature of the person appointed pursuant to this section; and (b) if it bears the signature of the person so appointed (whether or not it bears the signature of any other person) it is lawful for the ADI to make a payment in accordance with the cheque or other instrument. (5) A person on whom a copy of the resolution has been served must not sign any cheque or other instrument drawn on the trust account to which the resolution relates unless that cheque or instrument is signed by the person appointed pursuant to this section. (6) A person who contravenes this section is guilty of an offence. Maximum penalty: $1 250. (7) A resolution under this section is effective for a term of 12 months or such lesser term as may be fixed by the Society but the Society may, from time to time, renew the resolution for a term not exceeding 12 months. (8) The Society may, at any time, revoke an appointment under this section. 45—Appointment of manager (1) If the Society knows or suspects on reasonable grounds that— (a) a legal practitioner has died (or in the case of a company, has been dissolved or is being wound up); or (b) a legal practitioner is for any reason not attending properly, or unable to attend properly, to the affairs of his or her practice; or (c) a legal practitioner has committed a serious irregularity in the course of practice, or a serious irregularity has occurred in the course of practice; or (d) a person has ceased to be a legal practitioner without making proper provision for winding up the affairs of his or her practice; or (e) any other proper cause exists for the appointment of a manager under this section, the Society may, by resolution of the Council, appoint a legal practitioner as a manager in respect of the practice of the practitioner or former practitioner. (2) As soon as practicable after any such resolution has been passed, the Society must cause notice of the resolution to be served on— (a) the legal practitioner or former legal practitioner or his or her personal representative; and (b) any partner of the legal practitioner or former legal practitioner; and (ba) any other person authorised to operate the trust account of the legal practitioner; and (c) the auditor (if any) of the trust account maintained by the legal practitioner or former legal practitioner; and (d) the manager or other principal officer of the office or branch of the ADI at which the legal practitioner or former legal practitioner maintained the trust account. (3) A manager appointed under this section has full power— (a) to transact any urgent business of the legal practitioner or former legal practitioner; and (ab) to dispose of trust money to persons entitled to the money, or in accordance with the Unclaimed Moneys Act 1891, and to execute cheques or other instruments for the purpose; and (ac) to pay to the Society any amounts that the Society is entitled to recover from the legal practitioner or former legal practitioner under section 48; and (b) with the approval of clients of the legal practitioner, or former legal practitioner, to transact any other business on their behalf; and (c) to perform any other act relating to the practice of the legal practitioner or former legal practitioner that the manager may be authorised to perform by the Society. (4) A manager may take possession of any documents relating to the practice and for that purpose may enter any place or premises where the manager reasonably suspects any such documents to be, using such force as may be necessary to enter that place or those premises. (5) The Society may, at any time, revoke an appointment under this section. 46—Appeal against appointment of supervisor or manager (1) A legal practitioner or former legal practitioner may, within 28 days after the appointment of a supervisor or manager, appeal to the Supreme Court against the appointment. (2) On an appeal under this section the Supreme Court may confirm or annul the appointment. 47—Application for directions (1) A supervisor or manager appointed under this Division may apply to the Supreme Court for directions in relation to any matter affecting his or her duties or functions under this Division. (2) The costs of any application under subsection (1) are payable out of the Fidelity Fund. 48—Remuneration etc of persons appointed to exercise powers conferred by this Division (1) A supervisor or manager appointed under this Division is, subject to subsection (3), entitled to such remuneration, allowances and expenses as may be determined by the Society. (2) Any such remuneration, allowances and expenses will be paid out of the Fidelity Fund. (3) The account of a supervisor or manager for remuneration, allowances and expenses may, on the application of the Attorney-General or the Society, be adjudicated and settled by the Supreme Court. (4) The Society may recover, as a debt due to it, the costs, charges and disbursements appropriate to legal work performed by a manager appointed under this Division. (5) The Society may recover as a debt from a legal practitioner or former legal practitioner any expenditure (other than expenditure recouped under subsection (4)) from the Fidelity Fund in consequence of the appointment of a supervisor or manager for the practice of that practitioner or former practitioner. (5a) A manager must, in dealing with money in the course of the management of the practice of a legal practitioner or former legal practitioner, give priority to payment of amounts recoverable by the Society under subsections (4) or (5). (6) Any amount recovered by the Society under subsection (4) or (5) must be paid into the Fidelity Fund. (7) A supervisor or manager incurs no liability by reason of an act or omission in good faith and in the exercise of powers or functions under this Division.

Div 10

Restriction on practice if corporation wound up

Division 10—Restriction on practice if corporation wound up 49—Supreme Court may grant authority permitting director to practise (1) A legal practitioner or Australian-registered foreign lawyer who is or has been a director of an incorporated legal practice, or a corporate entity entitled to engage in legal practice in a foreign country, during the winding up of the corporation or other corporate entity for the benefit of creditors must not, without the authority of the Supreme Court, practise the profession of the law. (1a) Authority may be granted under this section on the application of a legal practitioner or Australian-registered foreign lawyer who is or has been a director of an incorporated legal practice or other corporate entity that is being or is about to be wound up for the benefit of creditors. (1b) An application for an authority under this section must be served on the Commissioner and the Society, each of whom is entitled to be heard by the Supreme Court on the application in accordance with the rules of the Court. (2) The Supreme Court may grant an authority under this section on such conditions as it thinks fit. (3) A legal practitioner or Australian-registered foreign lawyer must not contravene or fail to comply with any condition of an authority granted by the Supreme Court under this section.

Div 11

Right of personal representative etc to carry on legal practice

Division 11—Right of personal representative etc to carry on legal practice 50—Supreme Court may authorise personal representative etc to carry on legal practice (1) The personal representative of a deceased legal practitioner may, with the authority of the Supreme Court, carry on the practice of the deceased legal practitioner for a period not exceeding 12 months (or such longer period as the Supreme Court may allow) from the date of death. (2) The trustee in bankruptcy of a legal practitioner may, with the authority of the Supreme Court, carry on the practice of the legal practitioner for a period not exceeding 12 months, or such longer period as the Supreme Court may allow. (3) A receiver or liquidator appointed in respect of an incorporated legal practice may, with the authority of the Supreme Court, carry on the practice of the incorporated legal practice for a period not exceeding 12 months, or such longer period as the Supreme Court may allow. (4) An authority under this section will be subject to such conditions as the Supreme Court considers appropriate. (5) A person to whom an authority has been granted under this section must not contravene, or fail to comply with, any condition of the authority.

Div 12

Right of audience

Division 12—Right of audience 51—Right of audience (1) Subject to this Act and any other Act, the following persons are entitled to practise before any court or tribunal established under the law of the State: (a) the Attorney-General and the Solicitor-General of the State or of the Commonwealth, the Crown Solicitor and the Australian Government Solicitor and the Director of Public Prosecutions; and (b) a legal practitioner acting on the instructions of— (i) the Attorney-General of the State; or (ii) the Attorney-General of the Commonwealth; or (iii) the Crown Solicitor; or (iv) the Australian Government Solicitor; or (v) the Director of Public Prosecutions; and (c) a legal practitioner acting on the instructions of the Corporate Affairs Commission; and (ca) a legal practitioner acting on the instructions of the Australian Securities and Investments Commission; and (d) a legal practitioner employed by the Legal Services Commission and acting in the course of that employment; and (da) a legal practitioner employed by a community legal centre and acting in the course of that employment; and (e) a legal practitioner who is practising the profession of law as a principal or a legal practitioner who is acting in the course of employment by such a legal practitioner; and (f) a legal practitioner employed by the Society; and (g) the Commissioner (if he or she is a legal practitioner) and a legal practitioner employed by the Commissioner; and (h) the Independent Commissioner Against Corruption and a legal practitioner engaged by the Independent Commission Against Corruption. (2) A legal practitioner who is an employee of another legal practitioner who is practising the profession of law as a principal is not entitled to appear on instructions from the principal before a court or tribunal as counsel or solicitor for any other person by whom the practitioner is employed or for any client of that other person. (3) Where a legal practitioner who is an employee appears as counsel or solicitor before a court or tribunal, any undertaking given by the practitioner in the course of the proceedings is binding on the employer.

Div 13

Professional indemnity insurance scheme

Division 13—Professional indemnity insurance scheme 52—Professional indemnity insurance scheme (1) The Society may, with the approval of the Attorney-General, establish a scheme providing professional indemnity insurance, to an extent provided by the scheme, for the benefit of legal practitioners and law practices. (2) The scheme— (a) will operate for the benefit of a class, or classes, of legal practitioners or law practices defined in the scheme; (b) will provide for insurance indemnity partially under a master policy negotiated between the Society and insurers participating in the scheme and partially from a professional indemnity fund to be established, administered and applied in accordance with the scheme; (c) may provide for the determination and settlement of claims against legal practitioners or law practices covered by the scheme; (d) may impose on legal practitioners or law practices obligations to pay premiums, levies, fees or other charges (which may vary according to factors stipulated in the scheme); (e) may impose, or provide for the imposition of, civil or criminal sanctions or penalties against legal practitioners or law practices who fail to comply with their obligations under the scheme; (f) may confer discretionary powers on the Society in relation to the administration or enforcement of the scheme; (g) may make any other provision reasonably necessary for, or incidental to, the administration or enforcement of the scheme. (3) The scheme, and any amendment to the scheme made by the Society with the approval of the Attorney-General, have the force of law and are binding on— (a) the Society; (b) the legal practitioners and law practices covered by the scheme; (c) the insurers and other persons to whom the scheme applies. (4) The Society must keep a copy of the scheme and of any amendment to the scheme available for inspection at its public office and must, on request for a copy of the scheme or amendment and payment of a reasonable fee fixed by the Society, provide such a copy. legal practitioner includes— (a) a member of a faculty of law in a university; and (b) a person who has ceased to be a legal practitioner but who was a legal practitioner when a liability covered by the scheme arose; and (c) an interstate legal practitioner; professional indemnity insurance means insurance against— (a) civil liability arising in connection with legal practice (whether the liability arises from an act or omission on the part of the insured legal practitioner or some other person); (b) civil liability incurred by a legal practitioner or law practice in connection with the administration of a trust of which the practitioner is a trustee. 52AA—Professional indemnity insurance required by interstate practitioners etc (1) A prescribed practitioner or practice must not engage in legal practice in this jurisdiction unless there is in force approved professional indemnity insurance in respect of that practitioner or practice. Maximum penalty: (a) for an offence committed by an interstate legal practitioner—$10 000; (b) in any other case—$50 000. (2) If an interstate legal practitioner fails to comply with this section, the Supreme Court may, on application by the Attorney‑General or the Society, suspend the practitioner's right to practise the profession of the law in this State until this section is complied with. (3) If an incorporated legal practice fails to comply with this section, the Supreme Court may, on application by the Attorney‑General or the Society, suspend any legal practitioner director's right to practise the profession of the law in this State until this section is complied with. (4) The Supreme Court must give notice of a suspension imposed under this section to any regulatory authority that is authorised to seek or impose a corresponding suspension in a State in which the practitioner is admitted as a legal practitioner. approved professional indemnity insurance means insurance— (a) that has been approved by the Attorney‑General; or (b) that is of a class or kind that has been approved by the Attorney‑General; prescribed practitioner or practice means— (a) an interstate legal practitioner who— (i) establishes an office in this State; and (ii) if he or she were a local legal practitioner, would be covered by a scheme providing professional indemnity insurance; or (b) an incorporated legal practice that is not required to be insured under a scheme established under section 52. 52AAB—Professional indemnity insurance where no office established in this State If the professional indemnity insurance in force in respect of an interstate legal practitioner who engages in legal practice in this State but has not established an office in this State is not approved professional indemnity insurance (within the meaning of section 52AA), the interstate legal practitioner must disclose that fact to a client before he or she is retained by the client.

Div 14

Miscellaneous

Division 14—Miscellaneous 52A—Rules of Supreme Court may assign functions or powers (1) The Supreme Court may, by rules of court, assign any functions or powers conferred on or vested in it under this Part— (a) to a specified person or body; or (b) to a person occupying a specified office or position. (2) The rules of the Supreme Court may specify that an assignment of functions or powers under this section is subject to conditions and limitations. (3) A decision made by a person or body acting in pursuance of an assignment of functions or powers under this section may, subject to the rules of the Supreme Court, be appealed against to the Supreme Court by the person in relation to whom the decision was made. (4) On such an appeal, the Supreme Court— (a) may confirm, vary or reverse the decision; and (b) may make any consequential or ancillary order.

Part 4

The combined trust account and other related accounts

Part 4—The combined trust account and other related accounts Division 1—The combined trust account 52B—Application to incorporated legal practices The regulations may provide that specified provisions of this Division, and any other provisions of this Act, the regulations or the legal profession rules relating to this Division, do not apply to incorporated legal practices (or a specified class of incorporated legal practices) or apply to them with specified modifications. 53—Duty to deposit trust money in combined trust account (1) A law practice must, within 14 days after 31 May, and within 14 days after 30 November, in each year, out of trust money held in the practice's general trust account, deposit the appropriate amount in the combined trust account. (2) The appropriate amount is the amount (if any) necessary to ensure that the following formula is satisfied:

Where— A1 is the amount held on the practice's behalf in the combined trust account A2 is the lowest aggregate (determined by reference to the relevant ADI statements) of the amount held in the practice's general trust account and the amount (if any) simultaneously held in the combined trust account on the practice's behalf during the period of 6 months ending on 31 May or 30 November (as the case requires). (3) The combined trust account is a composite account consisting of separate accounts established by the Society at each approved ADI. (4) If a law practice maintains 2 or more general trust accounts, those accounts will, for the purposes of this section, be taken to be a single trust account the balance of which is the aggregate of the respective balances of each of those trust accounts. (5) A law practice— (a) may withhold money from deposit under subsection (1) if— (i) the money is necessary to meet an immediate claim on the practice's general trust account or to establish or maintain a reasonable balance in the general trust account sufficient to meet claims reasonably expected in the ordinary course of legal practice in the near future; and (ii) the practice has, on or before the day on which a deposit under subsection (1) is required to be made, given written notice to the Society accordingly; and (b) is not obliged to deposit money under subsection (1) in relation to a particular period of 6 months if the lowest aggregate referred to in subsection (2) was, during that period, less than $10 000 (or some other sum fixed by regulation for the purposes of this subsection). (6) If a general trust account is maintained by a firm of legal practitioners or a firm of incorporated legal practices or a firm of legal practitioners and incorporated legal practices, the general trust account will, for the purposes of this section, be taken to be the general trust account of each member of the firm, and the members of the firm are each liable to perform the obligations imposed by this section, but the discharge by 1 member of the firm of the obligations under this section in relation to the general trust account will be taken as a discharge by all the members of the firm of their obligations in relation to that general trust account. (7) If the Council has reasonable cause to suspect that a law practice has not complied with the obligations of this section, it may, by notice in writing served on the practice, require the practice to attend before it and to produce evidence of the trust money received by the practice, the amount from time to time standing to the credit of the general trust account, and such other relevant matters as may be specified in the notice. (8) If a law practice establishes a general trust account and has, at the time of establishing the account, no other trust account, the balance of the general trust account during the first month after its establishment is, for the purposes of this section, to be ignored. (9) A law practice that fails to make the appropriate deposit by the last date for payment is liable to pay the Society, for the credit of the statutory interest account, interest on the outstanding amount at the prescribed rate for the period of the default but, if the appropriate deposit is made within 7 days after that date, no liability for interest arises under this subsection. (10) A law practice may withdraw money held on the practice's account in the combined trust account if, and only if, the withdrawal is necessary to meet an immediate claim on the practice's general trust account or to establish a reasonable balance in the general trust account sufficient to meet claims reasonably expected in the ordinary course of legal practice in the near future. (11) If a law practice withholds money from deposit under subsection (5)(a) or withdraws money under subsection (10), the external examiner for the law practice must, in the external examiner's report for the relevant year, express an opinion on whether the withholding or withdrawal was justified, and if the amount exceeds the amount that could, in the external examiner's opinion, be reasonably justified, on the amount of the excess (but before the external examiner includes a statement expressing such an opinion in the report, the external examiner must allow the practice a reasonable opportunity to comment on the proposed statement and may make any modification to the proposed statement that the external examiner considers justified in the light of the practice's comments). (12) If the withholding or withdrawal of money is not justified, or exceeds an amount that could be reasonably justified, the law practice is liable to pay to the Society, for the credit of the statutory interest account, interest at the prescribed rate on the amount withheld or withdrawn, or the amount of the excess, (as the case requires), from the date of the withholding or withdrawal until the amount on deposit in the combined trust account is restored to the level required by this section. (13) The Society may, for any proper reason, remit interest payable under subsection (9) or (12) wholly or in part. (14) The Society— (a) may approve an ADI for the purposes of this section if satisfied that the ADI is prepared to pay a reasonable rate of interest on money deposited in the combined trust account; and (b) may revoke an approval previously given under this subsection. (15) If the Society revokes the approval of an ADI under subsection (14) the combined trust account, so far as it was kept at that ADI, must be transferred to an ADI that continues as an approved ADI. (16) In this section— general trust account has the same meaning as in Schedule 2. 55—Immunity from liability (1) No action at law or in equity lies against the Society or a legal practitioner for any action done in compliance with this Division. (2) This Division does not affect the interest or claim of any person beneficially entitled to trust money and any such interest or claim may be asserted and enforced as effectually as if this Division had not been enacted. Division 2—The statutory interest account 56—Statutory interest account (1) The Society must continue to maintain the statutory interest account. (2) The Society must pay into the statutory interest account all interest earned from deposits in the combined trust account. (3) The Society may invest any money contained in the statutory interest account in any manner in which trustees are authorised by statute to invest trust funds and must pay the income derived from any such investment into the statutory interest account. (4) The amount held in the statutory interest account may be applied to defraying any management fee or other expenditure relating to the management or administration of the combined trust account and the statutory interest account. (5) After making such provision for defraying expenditure under subsection (4) as the Society thinks fit, the Society must pay the balance of the money comprised in the statutory interest account (excepting money advanced to the statutory interest account for the purpose of investment), as to five-eighths to the Legal Services Commission, and, subject to subsection (6), as to three-eighths, to the Fidelity Fund. (6) If at any time the amount of the Fidelity Fund (including the value of any investments in which any of its money has been invested) exceeds an amount calculated by multiplying $11 500 by the number of legal practitioners who held practising certificates on the last preceding 30 June, the Society must hold the excess in the statutory interest account, to be paid or applied by the Society to the Legal Services Commission, or for any purpose approved by the Attorney-General and the Society. Division 3—Legal Practitioners Fidelity Fund 57—Fidelity Fund (1) The Society must continue to maintain the Legal Practitioners Fidelity Fund (formerly known as the legal practitioners' guarantee fund). (2) The Society may from time to time invest any of the money constituting, or forming part of, the Fidelity Fund in any manner in which trustees are authorised by statute to invest trust funds, and may advance, on such terms and conditions as the Society thinks fit, money from the Fidelity Fund to the statutory interest account. (3) The Fidelity Fund consists of— (a) the money paid into it from the statutory interest account; and (b) all money recovered by the Society under Part 5; and (c) the money credited by the Society to the Fidelity Fund under section 95; and (d) costs recovered by the Attorney-General, the Commissioner or the Society in disciplinary proceedings against legal practitioners, former legal practitioners, Australian-registered foreign lawyers or former Australian-registered foreign lawyers; and (da) any fee paid to the Commissioner; and (e) any money that the Society thinks fit to include in the Fidelity Fund; and (f) the income and accretions arising from the investment of the money constituting the Fidelity Fund. (4) Subject to subsection (5), money in the Fidelity Fund may be applied for any of the following purposes: (a) meeting any expenses incurred by LPEAC or members of LPEAC in exercising functions and powers under this Act; (b) meeting any expenses incurred by the Board of Examiners or members of the Board of Examiners in exercising functions and powers under this Act; (c) meeting any expenses incurred by the Tribunal or members of the Tribunal in exercising functions and powers under this Act; (d) meeting any expenses incurred by the Commissioner in exercising the Commissioner's functions and powers under this Act; (e) the costs incurred by the Society in appointing a legal practitioner to appear in proceedings in which a person seeks admission as a legal practitioner; (f) the costs of investigating complaints under this Act and of disciplinary proceedings under this Act; (g) the costs of conducting an audit or bringing proceedings under Schedule 1; (h) the costs of proceedings instituted by the Commissioner for the adjudication of legal costs; (i) the costs of prosecutions for offences against this Act; (j) costs consequent on the appointment of a supervisor or manager under this Act; (k) the costs of an investigation or examination under Schedule 2 Part 3; (l) the payment of honoraria, approved by the Attorney‑General, to members of LPEAC and the Tribunal; (la) the payment of the salaries and related expenses of the Commissioner and his or her staff; (m) the legal costs payable by any person in relation to any action arising from an honest act or omission in the exercise or purported exercise of powers or functions under Schedule 2 or 4 or by the Commissioner or delegated by the Commissioner; (n) the payment of money towards the costs of an arrangement under Part 3 Division 13 to the extent that those costs are, in accordance with the terms of the scheme and with the approval of the Attorney‑General, to be paid from the Fidelity Fund; (o) the costs of processing claims under Part 5 and of paying out those claims to the extent authorised by that Part; (p) defraying any management fee or other expenditure relating to the management or administration of the Fidelity Fund; (q) educational or publishing programs conducted for the benefit of legal practitioners or members of the public. (5) No payment may be made from the Fidelity Fund except with the authorisation of the Attorney-General. (6) The Attorney-General may, before authorising a payment from the Fidelity Fund, require the Society, the Tribunal, the Commissioner or any person engaged in the administration of this Act to provide such information and explanations as to the reason for the proposed payment as the Attorney-General may reasonably require. (7) The Attorney‑General may delegate to a person (including a person for the time being performing particular duties or holding or acting in a particular position) a function or power under this section. (8) A delegation under subsection (7)— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in a matter; and (d) is revocable at will. (9) A function or power delegated under subsection (7) may, if the instrument of delegation so provides, be further delegated in accordance with that instrument. Division 4—Miscellaneous 57A—Payment of interest accruing on trust accounts (1) Interest accruing on a trust account (other than a separate trust account maintained by a legal practitioner for the exclusive benefit of a particular client) must be paid by the ADI concerned to the Society. (2) The Society must deal with money received by it pursuant to subsection (1) as follows: (a) 50% of the money must be paid to one or more of the Legal Services Commission or one or more community legal centres in such shares and subject to such conditions as the Attorney-General directs; and (b) 40% of the money must be paid to the Fidelity Fund; and (c) 10% of the money must be paid to the Law Foundation of South Australia Incorporated subject to such conditions as the Attorney‑General directs. (3) The Attorney-General may, from time to time, vary or revoke the conditions subject to which money is paid under subsection (2). (4) The Attorney-General may, from time to time, without the approval of the Society, vary the shares in which money allocated for payment pursuant to subsection (2)(a) is distributed under that paragraph. (5) At least 50% of the money paid to the Law Foundation of South Australia Incorporated pursuant to subsection (2)(c) must be applied in, or in relation to, the provision of legal services to the community. 58—Accounts and audit (1) The Society must keep proper accounts of all money received, disbursed, invested and otherwise dealt with under this Part. (2) The Society must cause the combined trust account, the statutory interest account, and the Fidelity Fund to be audited at least once in every calendar year by a public accountant approved by the Attorney-General and must send copies of the duly audited accounts to the Attorney-General. 59—Power to borrow for purposes of this Part The Society may borrow money for the purposes of any account or fund maintained under this Part and may defray the interest and other expenditure resulting from the borrowing from the appropriate account or fund.

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Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Legal Practitioners Act 1981

South Australia Legal Practitioners Act 1981 An Act to regulate the practice of law; and for other purposes.

Contents Part 1—Preliminary 1 Short title 5 Interpretation 5A Terms relating to associates and principals of law practices 5B Home jurisdiction 6 Fusion of legal profession Part 2—The Law Society of South Australia Division 1—Establishment and administration of the Society 7 Incorporation and powers of Society 8 Officers and employees of Society 9 Council of Society 10 Validation of acts of Council 11 Management of Society's affairs 12 Minutes of proceedings 13 Society's right of audience 14 Rules of Society Division 2—The Litigation Assistance Fund 14A The Litigation Assistance Fund Division 3—Reporting obligations 14AB Certain matters to be reported by Society Part 2A—The Legal Practitioners Education and Admission Council and the Board of Examiners Division 1—The Legal Practitioners Education and Admission Council 14B Establishment of LPEAC 14C Functions of LPEAC 14D Conditions of membership 14E Procedures of LPEAC 14F Validity of acts and immunity of members 14G Advisory Committees 14H Annual report Division 2—The Board of Examiners 14I Establishment of Board of Examiners 14J Functions of Board of Examiners 14K Procedures of Board of Examiners 14L Validity of acts and immunity of members Part 3—The practice of the law Division 1—Admission and enrolment of legal practitioners 15 Entitlement to admission Division 2—Practising certificates 16 Issue of practising certificate 17 Restriction on issue of practising certificates in certain cases 17A Conditions as to training etc 18 Term and renewal of practising certificates 19 Insurance requirements 20 Register of practising certificates 20AA Endorsement of conditions on practising certificates Division 2A—Amendment, suspension or cancellation of practising certificates 20AB Application of Division 20AC Grounds for amending, suspending or cancelling practising certificate 20AD Amending, suspending or cancelling practising certificates 20AE Operation of amendment, suspension or cancellation of practising certificate 20AF Revocation of amendment, suspension or cancellation of practising certificate Division 2B—Special powers in relation to practising certificates—show cause events 20AG Applicant for practising certificate—show cause event 20AH Holder of practising certificate—show cause event 20AI Refusal, amendment, suspension or cancellation of practising certificate—failure to show cause Division 2C—Further provisions relating to practising certificates 20AJ Immediate suspension of practising certificate 20AK Surrender and cancellation of practising certificate Division 3—Entitlement to practise etc 21 Entitlement to practise 22 Practising while under suspension etc 23 Unlawful representation 23AA Employment of disqualified person Division 3A—Provisions relating to interstate legal practice 23A Interstate legal practitioners to be officers of Court 23B Limitations or conditions on practice under laws of participating States 23C Additional conditions on practice of interstate legal practitioners 23D Notification of establishment of office required Division 3B—Provisions relating to community legal centres 23E Community legal centres 23F Obligations and privileges of practitioners who are officers or employees 23G Undue influence 23H Application of legal profession rules 23I Costs Division 4—Provisions regulating legal practice by corporations 24 Application of Schedule 1 Division 4A—Provisions regulating the practise of foreign law 24A Application of Schedule 1A Division 5—Provisions regulating trust money and trust accounts 25 Application of Schedule 2 Division 6—Delivery up of legal papers 39 Delivery up of legal papers Division 7—Authority of a legal practitioner to act on behalf of a person of unsound mind 40 Authority of legal practitioner or foreign lawyer to act on behalf of person of unsound mind Division 8—Costs disclosure and adjudication 41 Application of Schedule 3 Division 9—Appointment of supervisors and managers 43A Interpretation 44 Control over trust accounts of legal practitioners 45 Appointment of manager 46 Appeal against appointment of supervisor or manager 47 Application for directions 48 Remuneration etc of persons appointed to exercise powers conferred by this Division Division 10—Restriction on practice if corporation wound up 49 Supreme Court may grant authority permitting director to practise Division 11—Right of personal representative etc to carry on legal practice 50 Supreme Court may authorise personal representative etc to carry on legal practice Division 12—Right of audience 51 Right of audience Division 13—Professional indemnity insurance scheme 52 Professional indemnity insurance scheme 52AA Professional indemnity insurance required by interstate practitioners etc 52AAB Professional indemnity insurance where no office established in this State Division 14—Miscellaneous 52A Rules of Supreme Court may assign functions or powers Part 4—The combined trust account and other related accounts Division 1—The combined trust account 52B Application to incorporated legal practices 53 Duty to deposit trust money in combined trust account 55 Immunity from liability Division 2—The statutory interest account 56 Statutory interest account Division 3—Legal Practitioners Fidelity Fund 57 Fidelity Fund Division 4—Miscellaneous 57A Payment of interest accruing on trust accounts 58 Accounts and audit 59 Power to borrow for purposes of this Part Part 5—Claims against Fidelity Fund 60 Claims 60A Personal representative may make claim 61 Limitation of claims 62 Power to require evidence 63 Establishment of validity of claims 64 Satisfaction of claims 64A Advance payments 65 Rights of the Society 66 Claims by legal practitioners and incorporated legal practices 67 Insurance in respect of claims against Fidelity Fund 67A Annual report Part 6—Investigations, inquiries and disciplinary proceedings Division 1—Preliminary 67B Application of Part 68 Unsatisfactory professional conduct 69 Professional misconduct 70 Conduct capable of constituting unsatisfactory professional conduct or professional misconduct Division 2—Legal Profession Conduct Commissioner Subdivision 1—Legal Profession Conduct Commissioner 71 Legal Profession Conduct Commissioner 72 Functions 73 Terms and conditions of appointment 74 Acting Commissioner 75 Honesty and accountability 76 Staff of Commissioner 77 Delegation 77A Exchange of information between Commissioner and Council Subdivision 2—Investigation of unsatisfactory professional conduct and professional misconduct 77B Investigations by Commissioner 77C Closure of whole or part of complaint 77D Notification of complaint to practitioner 77E Submissions by legal practitioner 77F Exceptions to requirement for notification of complaint Subdivision 3—Action following investigation 77G Interpretation 77H Report on investigation 77I Commissioner to notify persons of suspected loss 77J Powers of Commissioner to deal with certain unsatisfactory professional conduct or professional misconduct 77K Appeal against determination of Commissioner 77L Commissioner must lay charge in certain circumstances 77M Commissioner to provide reasons Subdivision 4—Complaints of overcharging 77N Investigation of allegation of overcharging Subdivision 5—Conciliation 77O Commissioner may conciliate complaints Division 3—The Legal Practitioners Disciplinary Tribunal 78 Establishment of Tribunal 79 Conditions of membership 80 Constitution and proceedings of Tribunal 81 Validity of acts of the Tribunal and immunity of its members Division 4—Proceedings before the Tribunal 82 Inquiries 83 Notice of inquiry 84 Powers of Tribunal 84A Proceedings to be generally in public 84B Tribunal's proceedings to be privileged 84C Stay of proceedings 85 Costs 86 Appeal 87 Operation of order may be suspended 88 Rules of the Tribunal Division 5—Disciplinary proceedings before the Supreme Court 88A Supreme Court's inherent jurisdiction 89 Proceedings before Supreme Court 89A Court may order interim suspension of legal practitioner or impose interim conditions Division 6—Publicising disciplinary action 89B Definitions 89C Register of Disciplinary Action 89D Other means of publicising disciplinary action 89E Quashing of disciplinary action 89F Liability for publicising disciplinary action 90 General Division 6A—Provisions relating to interstate legal practice 90AA Conduct of local legal practitioners outside State 90AB Conduct not to be the subject of separate proceedings 90AC Referral or request for investigation of matter to regulatory authority in participating State 90AD Dealing with matter following referral or request by regulatory authority in participating State 90AE Furnishing information 90AF Local legal practitioners are subject to interstate regulatory authorities Division 7—Annual reports 90A Annual reports Division 8—Professional mentoring agreements 90B Professional mentoring agreements Part 7—Appointment of Senior Counsel etc 91 Appointment of Senior Counsel 92 No further appointment of King's Counsel etc 93 Revocation and resignation of appointments Part 8—Miscellaneous 95 Application of certain revenues 95AA Agreements and arrangements with other regulatory authorities 95A Inspection of documents 95B False or misleading information 95BA Mortgage financing 95C Self-incrimination and legal professional privilege 95D Service of notices and documents 95E Wills register 96 Summary offences 97 Regulations 98 Review of operation of Act in relation to barristers Schedule 1—Incorporated legal practices A1 Interpretation 1 Nature of incorporated legal practice 2 Prohibition of non‑legal services and businesses 3 Corporations eligible to be incorporated legal practice 3A Incorporated legal practices may practise in partnership 4 Notice of intention to start providing legal services 4A Notice to be given by incorporated legal practice of intention to practise in partnership 5 Notice to be given by companies that were formerly legal practitioners 5A Notice to be given by incorporated legal practice providing legal services in partnership 6 Prohibition on representations that corporation is incorporated legal practice 7 Notice of termination of provision of legal services 8 Incorporated legal practice must have legal practitioner director 9 Obligations of legal practitioner director relating to misconduct 10 Incorporated legal practice without legal practitioner director 11 Obligations and privileges of practitioners who are officers or employees 12 Professional indemnity insurance 13 Conflicts of interest 14 Application of legal profession rules 15 Requirements relating to advertising 16 Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices 17 Sharing of receipts, revenue or other income 18 Disqualified persons 19 Audit of incorporated legal practice 20 Application of Schedule 4 (Investigatory powers) 21 Banning of incorporated legal practices 22 Disqualification from managing incorporated legal practice 23 Disclosure of information to Australian Securities and Investments Commission 24 External administration proceedings under Corporations Act 2001 25 External administration proceedings under other legislation 26 Cooperation between courts 27 Relationship of Act to constitution of incorporated legal practice 28 Relationship of Act to legislation establishing incorporated legal practice 29 Relationship of Act to Corporations legislation 30 Undue influence 31 Obligations of individual practitioners not affected 32 Regulations Schedule 1A—Foreign lawyers Part 1—Preliminary 1 Definitions 2 This Schedule does not apply to Australian legal practitioners 3 Professional conduct rules Part 2—Practice of foreign law 4 Requirement for registration 5 Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction 6 Scope of practice 7 Form of practice 8 Application of Australian professional ethical and practice standards 9 Designation 10 Letterhead and other identifying documents 11 Advertising 12 Foreign lawyer employing Australian legal practitioner 13 Trust money and trust accounts 14 Professional indemnity insurance 15 Fidelity Fund Part 3—Local registration of foreign lawyers generally 16 Local registration of foreign lawyers 17 Duration of registration 18 Locally registered foreign lawyer is not officer of Supreme Court Part 4—Applications for grant or renewal of local registration 19 Application for grant or renewal of registration 20 Manner of application 21 Requirements regarding applications for grant or renewal of registration Part 5—Grant or renewal of registration 22 Grant or renewal of registration 23 Requirement to grant or renew registration if criteria satisfied 24 Refusal to grant or renew registration Part 6—Amendment, suspension or cancellation of local registration 25 Application of Part 26 Grounds for amending, suspending or cancelling registration 27 Amending, suspending or cancelling registration 28 Operation of amendment, suspension or cancellation of registration 29 Other ways of amending or cancelling registration 30 Relationship of this Part with Part 6 of Act Part 7—Special powers in relation to local registration—show cause events 31 Applicant for local registration—show cause event 32 Locally registered foreign lawyer—show cause event 33 Refusal, amendment, suspension or cancellation of local registration—failure to show cause 34 Restriction on making further applications 35 Relationship of this Part with Part 6 and Schedule 4 Part 8—Further provisions relating to local registration 36 Immediate suspension of registration 37 Surrender of local registration certificate and cancellation of registration 38 Automatic cancellation of registration on grant of practising certificate 39 Suspension or cancellation of registration not to affect disciplinary processes 40 Return of local registration certificate on amendment, suspension or cancellation of registration Part 9—Conditions on registration 41 Conditions generally 42 Conditions imposed by Society 43 Statutory condition regarding notification of offence 44 Conditions imposed by legal profession rules 45 Compliance with conditions Part 10—Interstate-registered foreign lawyers 46 Extent of entitlement of interstate-registered foreign lawyers to practise in this jurisdiction 47 Additional conditions on practice of interstate-registered foreign lawyers Part 11—Miscellaneous 48 Consideration and investigation of applicants and locally registered foreign lawyers 49 Register of locally registered foreign lawyers 50 Publication of information about locally registered foreign lawyers 51 Exemption by Society 52 Membership of professional association Schedule 2—Trust money and trust accounts Part 1—Preliminary 1 Definitions 2 Money granted or provided under contract to community legal centre 3 Determinations about status of money 4 Application of Schedule to law practices and trust money 5 Protocols for determining where trust money is received 6 When money is received 7 Discharge by legal practitioner associate of obligations of law practice 8 Liability of principals of law practice 9 Former practices, principals and associates 10 Barristers not to receive trust money Part 2—Trust accounts and trust money 11 Maintenance of general trust account 12 Certain trust money to be deposited in general trust account 13 Holding, disbursing and accounting for trust money 14 Manner of withdrawal of trust money from general trust account 15 Controlled money 16 Manner of withdrawal of controlled money from controlled money account 17 Transit money 18 Trust money subject to specific powers 19 Trust money received in form of cash 20 Protection of trust money 21 Intermixing money 22 Dealing with trust money—legal costs and unclaimed money 23 Deficiency in trust account 24 Reporting certa