ACTIn ForceAct
Legal Profession Act 2006
389Conduct capable of being unsatisfactory professional
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389 Conduct capable of being unsatisfactory professional
conduct or professional misconduct
Without limiting section 386 or section 387, the following conduct
can be unsatisfactory professional conduct or professional
misconduct:
(a) conduct consisting of a contravention of this Act;
(b) charging of excessive legal costs in connection with the practice
of law;
(c) conduct in relation to which there is a conviction for—
(i) a serious offence; or
(ii) a tax offence; or
(iii) an offence involving dishonesty;
(d) conduct of an Australian legal practitioner as or in becoming an
insolvent under administration;
(e) conduct of an Australian legal practitioner in becoming
disqualified from managing or being involved in the
management of any corporation under the Corporations Act;
(f) conduct of an Australian legal practitioner in failing to comply
with an order of the ACAT made under this Act or an order of a
corresponding disciplinary body made under a corresponding
law (including but not limited to a failure to pay all or part of a
fine imposed under this Act or a corresponding law);
(g) conduct of an Australian legal practitioner in failing to comply
with a compensation order made under this Act or a
Note Various provisions of this Act identify particular conduct as conduct that
can be unsatisfactory professional conduct or professional misconduct
(see eg s 138 (1) (Obligations of legal practitioner partner relating to
misconduct—multidisciplinary partnerships)).