ACTIn ForceAct
Legal Profession Act 2006
107Incorporated legal practice must have legal practitioner
Start here
Get a plain-English read of 107
Turn the raw legal text into a practical explanation grounded in Legal Profession Act 2006.
107 Incorporated legal practice must have legal practitioner
director etc
(1) An incorporated legal practice must have at least 1 legal practitioner
director.
(2) Each legal practitioner director of an incorporated legal practice is,
for this Act only, responsible for the management of the legal services
provided in the ACT 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 Australian
legal practitioners and other obligations imposed under this Act;
and
(b) so that those obligations of Australian 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
Australian legal practitioners or other obligations imposed under this
Act, the director must take all reasonable action available to the
director to ensure that—
(a) the breaches do not happen; and
(b) appropriate remedial action is taken in relation to breaches that
do happen.
(5) This part does not affect the obligations or liabilities of a director of
an incorporated legal practice under any other law.
(6) The reference in subsection (1) to a legal practitioner director does
not include a reference to a person who is not validly appointed as a
director, but this subsection does not affect the meaning of the term
legal practitioner director in other provisions of this Act.