Sch 1Incorporated legal practices

Schedule 1—Incorporated legal practices A1—Interpretation In this Schedule— approved form means a form approved by the Supreme Court. 1—Nature of incorporated legal practice (1) An incorporated legal practice is a corporation that engages in legal practice in this jurisdiction. (2) However, a corporation is not an incorporated legal practice if— (a) the corporation does not receive any form of, or have any expectation of, a fee, gain or reward for the legal services it provides; or (b) the only legal services that the corporation provides are any or all of the following services: (i) in‑house legal services, namely, legal services provided to the corporation concerning a proceeding or transaction to which the corporation (or a related body corporate) is a party; (ii) services that are not legally required to be provided by a legal practitioner and that are provided by an officer or employee who is not a legal practitioner; or (c) this Schedule or the regulations so provide. (3) The regulations may make provision for or with respect to the application (with or without specified modifications) of provisions of this Act to corporations that are not incorporated legal practices because of the operation of subclause (2). (4) Nothing in this Schedule affects or applies to the provision by an incorporated legal practice of legal services in 1 or more other jurisdictions. 2—Prohibition of non‑legal services and businesses An incorporated legal practice may not provide any service, or conduct any business, that does not involve engaging in legal practice. Contravention of this clause is a ground for banning an incorporated legal practice—see clause 21. 3—Corporations eligible to be incorporated legal practice (1) Any corporation is, subject to this Schedule, eligible to be an incorporated legal practice. (2) This clause does not authorise a corporation to provide legal services if the corporation is prohibited from doing so by any Act or law (whether of this jurisdiction, the Commonwealth or any other jurisdiction) under which it is incorporated or its affairs are regulated. (3) An incorporated legal practice is not itself required to hold a practising certificate. 3A—Incorporated legal practices may practise in partnership Subject to this Act, an incorporated legal practice may practise in partnership with another incorporated legal practice or a legal practitioner (or both). 4—Notice of intention to start providing legal services (1) Before a corporation starts to engage in legal practice in this jurisdiction, the corporation must give the Supreme Court written notice, in the approved form and accompanied by the prescribed fee, of its intention to do so. (2) A corporation must not engage in legal practice in this jurisdiction if it is in default of this clause. (3) A corporation that starts to engage in legal practice in this jurisdiction without giving a notice under subclause (1) is in default of this clause until it gives the Supreme Court written notice, in the approved form, of the failure to comply with that subclause and the fact that it has started to engage in legal practice. (4) The giving of a notice under subclause (3) does not affect a corporation's liability under subclause (1) or (2). (5) A corporation is not entitled to recover any amount for anything the corporation did in contravention of subclause (2). (6) A person may recover from a corporation, as a debt due to the person, any amount the person paid to or at the direction of the corporation for anything the corporation did in contravention of subclause (2). (7) This clause does not apply to— (a) a corporation referred to in clause 1(2)(a) or (b); or (b) a corporation that was a legal practitioner within the meaning of this Act immediately before the commencement of this clause. 4A—Notice to be given by incorporated legal practice of intention to practise in partnership (1) Before an incorporated legal practice starts to engage in legal practice in this jurisdiction in partnership with another incorporated legal practice or a legal practitioner (or both), the practice must give the Supreme Court written notice, in the approved form, and accompanied by the prescribed fee, of its intention to do so. (2) An incorporated legal practice must not engage in legal practice in this jurisdiction in partnership with an incorporated legal practice or a legal practitioner (or both) if it is in default of this clause. Maximum penalty: $50 000. (3) An incorporated legal practice that starts to engage in legal practice in this jurisdiction in partnership with an incorporated legal practice or a legal practitioner (or both) without giving a notice under subclause (1) is in default of this clause until it gives the Supreme Court written notice, in the approved form, of the failure to comply with that subclause and the fact that it has started to engage in legal practice in partnership with an incorporated legal practice or a legal practitioner. (4) The giving of a notice under subclause (3) does not affect an incorporated legal practice's liability under subclause (1) or (2). (5) A firm of incorporated legal practices, or of incorporated legal practices and legal practitioners, is not entitled to recover any amount for anything the firm did while a member of the firm was in contravention of subclause (2). (6) A person may recover from a firm of incorporated legal practices, or of incorporated legal practices and legal practitioners, as a debt due to the person, any amount the person paid to or at the direction of the firm for anything the firm did while a partner of the firm was in contravention of subclause (2). (7) This clause does not apply in relation to— (a) a firm of incorporated legal practices, or of incorporated legal practices and legal practitioners, if the firm— (i) was established before the commencement of this clause; and (ii) engaged in legal practice in this jurisdiction immediately before the commencement of this clause; or (b) an incorporated legal practice that was a member of a firm referred to in paragraph (a) immediately before the commencement of this clause insofar as the practice engages in legal practice as a member of the firm. 5—Notice to be given by companies that were formerly legal practitioners (1) This clause applies to a corporation that was a legal practitioner within the meaning of this Act immediately before the commencement of clause 4. (2) A corporation to which this clause applies must, if it intends to continue to engage in legal practice in this jurisdiction, within 28 days following the commencement of clause 4, give the Supreme Court written notice, in the approved form and accompanied by the prescribed fee, of that intention. (3) A corporation to which this clause applies that engages in legal practice in this jurisdiction after the end of the 28 day period referred to in subclause (2) without giving a notice under that subclause is in default of this clause until it gives the Supreme Court written notice, in the approved form, of the failure to comply with that subclause and the fact that it has continued to engage in legal practice. (4) A corporation is not entitled to recover any amount for anything the corporation did while in default of this clause. (5) A person may recover from a corporation, as a debt due to the person, any amount the person paid to or at the direction of the corporation for anything the corporation did while in default of this clause. 5A—Notice to be given by incorporated legal practice providing legal services in partnership (1) This clause applies to— (a) an incorporated legal practice that— (i) immediately before the relevant day— (A) was a legal practitioner within the meaning of this Act (as in force immediately before the relevant day); and (B) was practising in partnership with another legal practitioner; and (ii) immediately before the commencement of this clause, continued to practise in the partnership; and (b) an incorporated legal practice that, after the relevant day but before the commencement of this clause— (i) commenced practising in partnership with another incorporated legal practice or a legal practitioner (or both); and (ii) immediately before the commencement of this clause, continued to practise in the partnership. (2) An incorporated legal practice to which this clause applies must, if it intends to continue to engage in legal practice in this jurisdiction in partnership with another incorporated legal practice or a legal practitioner (or both), within 28 days following the commencement of this clause, give the Supreme Court written notice, in the approved form and accompanied by the prescribed fee, of that intention. (3) An incorporated legal practice to which this clause applies must not engage in legal practice in this jurisdiction in partnership with an incorporated legal practice or a legal practitioner (or both) if it is in default of this clause. Maximum penalty: $50 000. (4) An incorporated legal practice to which this clause applies that engages in legal practice in this jurisdiction in partnership with another incorporated legal practice or a legal practitioner (or both) after the end of the 28 day period referred to in subclause (2) without giving a notice under that subclause is in default of this clause until it gives the Supreme Court written notice, in the approved form, of the failure to comply with that subclause and the fact that it has continued to engage in legal practice in partnership with another incorporated legal practice or a legal practitioner (or both). (5) The giving of a notice under subclause (4) does not affect an incorporated legal practice's liability under subclause (2) or (3). (6) A firm of incorporated legal practices, or of incorporated legal practices and legal practitioners, is not entitled to recover any amount for anything the firm did while a member of the firm was in contravention of this clause. (7) A person may recover from a firm of incorporated legal practices, or of incorporated legal practices and legal practitioners, as a debt due to the person, any amount the person paid to or at the direction of the firm for anything the firm did while a member of the firm was in contravention of this clause. (8) In this clause— relevant day means the day on which this Schedule came into operation. 6—Prohibition on representations that corporation is incorporated legal practice (1) A corporation must not, without reasonable excuse, represent or advertise that the corporation is an incorporated legal practice unless a notice in relation to the corporation has been given under clause 4. (2) A director, officer, employee or agent of a corporation must not, without reasonable excuse, represent or advertise that the corporation is an incorporated legal practice unless a notice in relation to the corporation has been given under clause 4. (3) A reference in this clause to a person, being— (a) a corporation—representing or advertising that the corporation is an incorporated legal practice; or (b) a director, officer, employee or agent of a corporation—representing or advertising that the corporation is an incorporated legal practice, includes a reference to the person doing anything that states or implies that the corporation is entitled to engage in legal practice. 7—Notice of termination of provision of legal services (1) A corporation must, within the prescribed period after it ceases to engage in legal practice in this jurisdiction as an incorporated legal practice, give the Supreme Court a written notice, in the approved form, of that fact. (2) The regulations may make provision for or with respect to determining whether and when a corporation ceases to engage in legal practice in this jurisdiction. 8—Incorporated legal practice must have legal practitioner director (1) An incorporated legal practice is required to have at least 1 legal practitioner director. (2) Each legal practitioner director of an incorporated legal practice is, for the purposes of this Act only, responsible for the management of the legal services provided in this jurisdiction by the incorporated legal practice. (3) Each legal practitioner director of an incorporated legal practice must ensure that appropriate management systems are implemented and maintained to enable the provision of legal services by the incorporated legal practice— (a) in accordance with the professional obligations of legal practitioners and other obligations imposed by or under this Act, the regulations or legal profession rules; and (b) so that those obligations of legal practitioners who are officers or employees of the practice are not affected by other officers or employees of the practice. (4) If it ought reasonably to be apparent to a legal practitioner director of an incorporated legal practice that the provision of legal services by the practice will result in breaches of the professional obligations of legal practitioners or other obligations imposed by or under this Act, the director must take all reasonable action available to the director to ensure that— (a) the breaches do not occur; and (b) appropriate remedial action is taken in respect of breaches that do occur. (5) Nothing in this Schedule derogates from the obligations or liabilities of a director of an incorporated legal practice under any other law. (6) The reference in subclause (1) to a legal practitioner director does not include a reference to a person who is not validly appointed as a director (but this subclause does not affect the meaning of the expression "legal practitioner director" in other provisions of this Act). 9—Obligations of legal practitioner director relating to misconduct (1) Each of the following is capable of constituting unsatisfactory professional conduct or professional misconduct by a legal practitioner director: (a) unsatisfactory professional conduct or professional misconduct of a legal practitioner employed by the incorporated legal practice; (b) conduct of any other director (not being a legal practitioner) of the incorporated legal practice that adversely affects the provision of legal services by the practice; (c) the unsuitability of any other director (not being a legal practitioner) of the incorporated legal practice to be a director of a corporation that provides legal services. (2) A legal practitioner director is not guilty of unsatisfactory professional conduct or professional misconduct under subclause (1) if the director establishes that he or she took all reasonable steps to ensure that— (a) legal practitioners employed by the incorporated legal practice did not engage in conduct or misconduct referred to in subclause (1)(a); or (b) directors (not being legal practitioners) of the incorporated legal practice did not engage in conduct referred to in subclause (1)(b); or (c) unsuitable directors (not being legal practitioners) of the incorporated legal practice were not appointed or holding office as referred to in subclause (1)(c), as the case requires. (3) A legal practitioner director of an incorporated legal practice must ensure that all reasonable action available to the legal practitioner director is taken to deal with any unsatisfactory professional conduct or professional misconduct of a legal practitioner employed by the practice. 10—Incorporated legal practice without legal practitioner director (1) An incorporated legal practice contravenes this clause if it does not have any legal practitioner directors for a period exceeding 7 days. (2) If an incorporated legal practice ceases to have any legal practitioner directors, the incorporated legal practice must notify the Supreme Court as soon as possible. (3) An incorporated legal practice must not provide legal services in this jurisdiction during any period it is in default of director requirements under this clause. (4) An incorporated legal practice that contravenes subclause (1) is taken to be in default of director requirements under this clause for the period from the end of the period of 7 days until— (a) it has at least 1 legal practitioner director; or (b) a person is appointed under this clause or a corresponding law in relation to the practice. (5) The Supreme Court may, if it thinks it appropriate, appoint a legal practitioner who is an employee of the incorporated legal practice or another person nominated by the Court, in the absence of a legal practitioner director, to exercise or perform the functions or duties conferred or imposed on a legal practitioner director under this Schedule. (6) A legal practitioner is not eligible to be appointed under this clause unless the practitioner holds an unrestricted practising certificate. (7) The appointment under this clause of a person to exercise or perform functions or duties of a legal practitioner director does not, for any other purpose, confer or impose on the person any of the other functions or duties of a director of the incorporated legal practice. (8) An incorporated legal practice does not contravene subclause (1) during any period during which a person holds an appointment under this clause in relation to the practice. (9) A reference in this clause to a legal practitioner director does not include a reference to a person who is not validly appointed as a director (but this subclause does not affect the meaning of the expression "legal practitioner director" in other provisions of this Act). 11—Obligations and privileges of practitioners who are officers or employees (1) A legal practitioner who provides legal services on behalf of an incorporated legal practice in the capacity of an officer or employee of the practice— (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) For the purposes only of subclause (1), the professional obligations and professional privileges of a practitioner apply as if— (a) where there are 2 or more legal practitioner directors of an incorporated legal practice—the practice were a partnership of the legal practitioner directors and the employees of the practice were employees of the legal practitioner directors; or (b) where there is only 1 legal practitioner director of an incorporated legal practice—the practice were a sole practitioner and the employees of the practice were employees of the legal practitioner director. (3) The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because a legal practitioner is acting in the capacity of an officer or employee of an incorporated legal practice. (4) The directors of an incorporated legal practice do not breach their duties as directors merely because legal services are provided pro bono by a legal practitioner employed by the practice. 12—Professional indemnity insurance (1) If a scheme under section 52 is in force requiring incorporated legal practices, or specified classes of incorporated legal practices, to be insured against liabilities that may arise in the course of, or in relation to, legal practice, an incorporated legal practice, or the specified classes of incorporated legal practices, must have the insurance required by the scheme. See also section 52AA. (2) If the obligation referred in subclause (1) is not complied with, the practising certificate held by each legal practitioner director of the incorporated legal practice will be taken to be suspended until the legal practice obtains such insurance. (3) Subclause (1) does not affect an obligation of a legal practitioner, who is an officer or employee of an incorporated legal practice, to comply with the provisions of this Act relating to insurance. 13—Conflicts of interest For the purposes of the application of any law (including the common law) or legal profession rules relating to conflicts of interest to the conduct of a legal practitioner who is— (a) a legal practitioner director of an incorporated legal practice; or (b) an officer or employee of an incorporated legal practice, the interests of the incorporated legal practice or any related body corporate are also taken to be those of the practitioner (in addition to any interests that the practitioner has apart from this clause). 14—Application of legal profession rules (1) The legal profession rules, so far as they apply to legal practitioners, also apply to legal practitioners who are officers or employees of an incorporated legal practice, unless the rules otherwise provide. (2) Nothing in this clause prevents legal profession rules prescribing additional duties and obligations in connection with the conduct of an incorporated legal practice. 15—Requirements relating to advertising (1) Any restriction imposed by or under this or any other Act, the regulations or the legal profession rules in connection with advertising by legal practitioners applies to advertising by an incorporated legal practice with respect to the provision of legal services. (2) If a restriction referred to in subclause (1) is limited to a particular branch of the legal profession or for persons who practise in a particular style of legal practice, the restriction applies only to the extent that the incorporated legal practice carries on the business in that branch of the legal profession or in that style of legal practice. (3) Any advertisement of the kind referred to in this clause is, for the purposes of disciplinary proceedings taken against a legal practitioner, taken to have been authorised by each legal practitioner director of the incorporated legal practice. (4) This clause does not apply if the provision by which the restriction is imposed expressly excludes its application to incorporated legal practices. 16—Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices (1) This clause applies to any of the following proceedings (being proceedings based on the vicarious liability of an incorporated legal practice): (a) civil proceedings relating to a failure to account for, pay or deliver money or property received by, or entrusted to, the practice (or to any officer or employee of the practice) in the course of the provision of legal services by the practice, being money or property under the direct or indirect control of the practice; (b) civil proceedings for any other debt owed, or damages payable, to a client as a result of a dishonest act or omission by a legal practitioner who is an employee of the practice in connection with the provision of legal services to the client. (2) If the incorporated legal practice would not (but for this clause) be vicariously liable for any acts or omissions of its officers and employees in those proceedings, but would be liable for those acts or omissions if the practice and those officers and employees were carrying on business in partnership, the practice is taken to be vicariously liable for those acts or omissions. 17—Sharing of receipts, revenue or other income (1) Nothing in this Act, the regulations or the legal profession rules prevents a legal practitioner from sharing with an incorporated legal practice receipts, revenue or other income arising from the provision of legal services by the practitioner. (2) This clause does not extend to the sharing of receipts, revenue or other income in contravention of clause 18. 18—Disqualified persons (1) An incorporated legal practice is guilty of an offence if a person who is a disqualified person— (a) is an officer or employee of the incorporated legal practice (whether or not the person provides legal services) or is an officer or employee of a related body corporate; or (b) is engaging in legal practice in partnership with the incorporated legal practice; or (c) shares the receipts, revenue or other income arising from the provision of legal services by the incorporated legal practice; or (d) is engaged or paid in connection with the provision of legal services by the incorporated legal practice. (2) The failure of a legal practitioner director of an incorporated legal practice to ensure that the practice complies with subclause (1) is capable of constituting unsatisfactory professional conduct or professional misconduct. (3) On application, the Tribunal may authorise an incorporated legal practice to be a party to an agreement or arrangement of a kind referred to in subclause (1), subject to conditions (if any) specified by the Tribunal. (4) An application for such an authorisation may be made to the Tribunal by an incorporated legal practice. (5) The Tribunal may grant such an authorisation in its discretion but only if satisfied— (a) that the disqualified person 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 clause, the Tribunal is constituted of a panel of 3 of its members chosen by the presiding member (1 of whom may be the presiding member). (7) The Tribunal must give to the Commissioner, and to the incorporated legal practice on whose application a hearing is to be held, not less than 7 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 clause, sections 80, 84, 84B, 85, 86 and 88 apply to a hearing of an application under this clause in the same way as to proceedings before the Tribunal under Part 6. (9) If 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) If the Tribunal has suspended the operation of an authorisation under subclause (9), the Tribunal may terminate the suspension, and where the Supreme Court has done so, the Supreme Court may terminate the suspension. (11) An incorporated legal practice must comply with any conditions imposed on an authorisation by the Tribunal or the Supreme Court. (12) An incorporated legal practice is not guilty of an offence against this clause in relation to an agreement or arrangement to which the legal practice is a party at the commencement of this clause if— (a) the agreement or arrangement is authorised under this clause on an application made within 12 months after that commencement; and (b) the incorporated legal practice complies with any conditions imposed on the authorisation. (13) In this clause— disqualified person means any of the following persons whether the thing that has happened to the person happened before or after the commencement of this definition: (a) a person whose name has (whether or not at his or her request) been removed from 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, and who has not subsequently been admitted or re‑admitted to the legal profession under this Act or a corresponding law; (b) a person whose practising certificate has been cancelled or suspended under this Act or a corresponding law and who, because of the cancellation, is not a legal practitioner or in relation to whom that suspension has not finished; (c) a person who has been refused a renewal of a practising certificate under this Act or a corresponding law, and to whom a practising certificate has not been granted at a later time; (d) a person who is the subject of an order under this Act or a corresponding law prohibiting a law practice from employing or paying the person in connection with the relevant practice; (e) a person who is the subject of an order under this Act or a corresponding law prohibiting a legal practitioner from being a partner of the person in a business that includes the practitioner's practice; (f) a person who is the subject of an order under this Act or the provisions of a corresponding law disqualifying the person from being involved in the management of an incorporated legal practice or a firm that provides legal services (however described). 19—Audit of incorporated legal practice (1) The Society may conduct an audit of— (a) the compliance of an incorporated legal practice (and of its officers and employees) with the requirements of this Act, the regulations or the legal profession rules, so far as they relate specifically to incorporated legal practices; and (b) the management of the provision of legal services by the incorporated legal practice (including the supervision of officers and employees providing the services). Clause 8 requires legal practitioner directors to ensure that appropriate management systems are implemented and maintained. (2) The Society may, in writing, appoint a suitably qualified person to conduct an audit under this clause. (3) The appointment may be made generally, or in relation to a particular incorporated legal practice, or in relation to a particular audit. (4) An audit may be conducted whether or not a complaint has been made against a legal practitioner with respect to the provision of legal services by the incorporated legal practice. (5) A report of an audit— (a) is to be provided to the incorporated legal practice concerned; and (b) may be provided by the Society to the Regulator or a corresponding authority; and (c) may be provided by the Regulator to a corresponding authority; and (d) may be taken into account in connection with any disciplinary proceedings taken against legal practitioner directors or other persons or in connection with the grant, amendment, suspension or cancellation of practising certificates. 20—Application of Schedule 4 (Investigatory powers) The investigatory powers set out in Schedule 4 apply to an audit under this Schedule. 21—Banning of incorporated legal practices (1) The Supreme Court may, on the application of the Regulator, the Attorney‑General or the Society, make an order disqualifying a corporation from providing legal services in this jurisdiction for the period the Court considers appropriate if satisfied that— (a) a ground for disqualifying the corporation under this clause has been established; and (b) the disqualification is justified. (2) An order under this clause may, if the Supreme Court thinks it appropriate, be made— (a) subject to conditions as to the conduct of the incorporated legal practice; or (b) subject to conditions as to when or in what circumstances the order is to take effect; or (c) together with orders to safeguard the interests of clients or employees of the incorporated legal practice. (3) Action may be taken against an incorporated legal practice on any of the following grounds: (a) that a legal practitioner director or a legal practitioner who is an officer or employee of the corporation is found guilty of professional misconduct under a law of this jurisdiction or another jurisdiction; (b) that the Society is satisfied, after conducting an audit of the incorporated legal practice, that the incorporated legal practice has failed to implement satisfactory management and supervision of its provision of legal services; (c) that the incorporated legal practice (or a related body corporate) has contravened clause 2; (d) that the incorporated legal practice has contravened clause 18; (e) that a person who is an officer of the incorporated legal practice, and who is acting in the management of the incorporated legal practice, is the subject of an order under this Act or the provisions of a corresponding law disqualifying the person from being involved in the management of an incorporated legal practice or a firm that provides legal services (however described). (4) If a corporation is disqualified under this clause, the applicant for the order must, as soon as practicable, notify the Regulator of every other jurisdiction. (5) If a corporation is disqualified from providing legal services in another jurisdiction under a corresponding law, the Regulator may determine that the corporation is taken to be disqualified from providing legal services in this jurisdiction for the same period, but nothing in this subclause prevents the Regulator, the Attorney‑General or the Society from instead applying for an order under this clause. (6) A corporation that provides legal services in contravention of a disqualification under this clause is guilty of an offence. (7) A corporation that is disqualified under this clause ceases to be an incorporated legal practice. (8) Conduct of a legal practitioner who provides legal services on behalf of a corporation in the capacity of an officer or employee of the corporation is capable of constituting unsatisfactory professional conduct or professional misconduct where the practitioner ought reasonably to have known that the corporation is disqualified under this clause. (9) The regulations may make provision for or with respect to the publication and notification of orders made under this clause, including notification of appropriate authorities of other jurisdictions. 22—Disqualification from managing incorporated legal practice (1) The Supreme Court may, on the application of the Regulator, the Attorney‑General or the Society, make an order disqualifying a person from managing a corporation that is an incorporated legal practice for the period the Court considers appropriate if satisfied that— (a) the person is a person who could be disqualified under section 206C, 206D, 206E or 206F of the Corporations Act 2001 of the Commonwealth from managing corporations; and (b) the disqualification is justified. (2) The Supreme Court may, on the application of a person subject to a disqualification order under this clause, revoke the order. (3) A disqualification order made under this clause has effect for the purposes only of this Act and does not affect the application or operation of the Corporations Act 2001 of the Commonwealth. (4) The regulations may make provision for or with respect to the publication and notification of orders made under this clause. (5) A person who is disqualified from managing a corporation under provisions of a corresponding law that correspond to this clause is taken to be disqualified from managing a corporation under this clause. 23—Disclosure of information to Australian Securities and Investments Commission (1) This clause applies if the Regulator, the Attorney‑General or the Society, in connection with exercising powers or performing functions under this Act, acquired information concerning a corporation that is or was an incorporated legal practice. (2) The Regulator, the Attorney‑General or the Society may disclose to the Australian Securities and Investments Commission information concerning the corporation that is relevant to the Commission's functions. (3) Information may be provided under subclause (2) despite any law relating to secrecy or confidentiality, including any provisions of this Act. 24—External administration proceedings under Corporations Act 2001 (1) This clause applies to proceedings in any court under Chapter 5 (External administration) of the Corporations Act 2001 of the Commonwealth— (a) relating to a corporation that is an externally‑administered body corporate under that Act; or (b) relating to a corporation becoming an externally‑administered body corporate under that Act, being a corporation that is or was an incorporated legal practice. (2) The Regulator, the Attorney‑General and the Society are entitled to intervene in the proceedings, unless the court determines that the proceedings do not concern or affect the provision of legal services by the incorporated legal practice. (3) The court may, when exercising its jurisdiction in the proceedings, have regard to the interests of the clients of the incorporated legal practice who have been or are to be provided with legal services by the practice. (4) Subclause (3) does not authorise the court to make any decision that is contrary to a specific provision of the Corporations Act 2001 of the Commonwealth. (5) The provisions of subclauses (2) and (3) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act. Section 5G of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. 25—External administration proceedings under other legislation (1) This clause applies to proceedings for the external administration (however expressed) of an incorporated legal practice, but does not apply to proceedings to which clause 24 applies. (2) The Regulator, the Attorney‑General and the Society are entitled to intervene in the proceedings, unless the court determines that the proceedings do not concern or affect the provision of legal services by the incorporated legal practice. (3) The court may, when exercising its jurisdiction in the proceedings, have regard to the interests of the clients of the incorporated legal practice who have been or are to be provided with legal services by the practice. (4) Subclause (3) does not authorise the court to make any decision that is contrary to a specific provision of any legislation applicable to the incorporated legal practice. 26—Cooperation between courts Courts of this jurisdiction may make arrangements for communicating and cooperating with other courts or tribunals in connection with the exercise of powers under this Schedule. 27—Relationship of Act to constitution of incorporated legal practice The provisions of this Act or the regulations that apply to an incorporated legal practice prevail, to the extent of any inconsistency, over the constitution or other constituent documents of the practice. 28—Relationship of Act to legislation establishing incorporated legal practice (1) This clause applies to a corporation that is established by or under a law (whether or not of this jurisdiction), is an incorporated legal practice, but is not a company within the meaning of the Corporations Act 2001 of the Commonwealth. (2) The provisions of this Act or the regulations that apply to an incorporated legal practice prevail, to the extent of any inconsistency, over provisions of the legislation by or under which the corporation is established or regulated that are specified or described in the regulations. 29—Relationship of Act to Corporations legislation (1) The regulations may declare any provision of this Act or the regulations that relates to an incorporated legal practice to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth. (2) The regulations may declare any matter relating to an incorporated legal practice that is prohibited, required, authorised or permitted by or under this Act or the regulations to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to— (a) the whole of the Corporations legislation; or (b) a specified provision of the Corporations legislation; or (c) the Corporations legislation other than a specified provision; or (d) the Corporations legislation otherwise than to a specified extent. matter includes act, omission, body, person or thing. 30—Undue influence A person (whether or not an officer or an employee of an incorporated legal practice) must not cause or induce or attempt to cause or induce— (a) a legal practitioner director; or (b) another legal practitioner who provides legal services on behalf of an incorporated legal practice, to contravene this Act, the regulations, the legal profession rules or his or her professional obligations as a legal practitioner. Maximum penalty: $250 000 or imprisonment for 2 years. 31—Obligations of individual practitioners not affected Except as provided by this Schedule, nothing in this Schedule affects any obligation imposed on a legal practitioner director or a legal practitioner who is an employee of an incorporated legal practice under this or any other Act, the regulations or the legal profession rules in his or her capacity as a legal practitioner. 32—Regulations (1) The regulations may (without limitation)— (a) make provision for or with respect to the legal services provided by incorporated legal practices or a specified class of incorporated legal practices; (b) prescribe requirements to be observed by incorporated legal practices, or a specified class of incorporated legal practices, in this jurisdiction. (2) A regulation prevails over any inconsistent provision of the legal profession rules. (3) A regulation may provide that a breach of the regulations is capable of constituting unsatisfactory professional conduct or professional misconduct by a legal practitioner director, or by a legal practitioner responsible for the breach, or both.