ACTIn ForceAct
Legal Profession Act 2006
97AOrder for non-removal of name or non-cancellation of
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97A Order for non-removal of name or non-cancellation of
local practising certificate
(1) If an Australian lawyer reasonably expects that the lawyer’s name
will be removed from an interstate roll or that foreign regulatory
action will be taken against the lawyer, the lawyer may apply to the
Supreme Court for either or both of the following orders:
(a) an order that the lawyer’s name not be removed from the local
roll under section 94 (Peremptory removal of local lawyer’s
name from local roll following removal in another jurisdiction)
or section 96 (Show-cause procedure for removal of lawyer’s
name from local roll following foreign regulatory action);
(b) an order that the lawyer’s local practising certificate not be
cancelled under section 95 (Peremptory cancellation of local
practising certificate following removal of name from interstate
roll).
(2) The Supreme Court may make an order if satisfied that—
(a) the lawyer’s name is likely to be removed from the interstate
roll; and
(b) the reason for its removal from the interstate roll will not involve
disciplinary action or the possibility of disciplinary action.
(3) An order under this section may be made subject to any conditions
the Supreme Court considers appropriate and remains in force for the
period stated in it.
(4) The Supreme Court may revoke an order made under this section, and
either or both of section 94 and section 95 (as relevant) then apply as
if the lawyer’s name were removed from the interstate roll when the
revocation takes effect.
(5) This section does not affect action being taken in relation to the
lawyer under other provisions of this Act.