Legal Profession (Barristers) Rules 2026 (ACT)

These Rules, titled the Legal Profession (Barristers) Rules 2026, are a schedule of professional obligations, practice limits and procedural duties that the Council of the Australian Capital Territory Bar Association has made under s 579 of the Legal Profession Act 2006 (instrument header; Rule 3). They commence the day after notification (Rule 2) and revoke the 2021 Barristers’ Rules (Rule 4). The instrument itself is made by the Bar Council (Rule 3) and signed on 15 January 2026.

Mechanically, the Rules prescribe:

the scope of permissible barristers' work (Rule 74) and a list of specific activities a barrister must not perform (Rule 75);
obligations in advocacy and advising, including duties to clients (ss 16-17B), an obligation of independent forensic judgment (ss 18-20), and specific duties of frankness and disclosure in court (ss 21-29, 24A);
rules governing how barristers accept and refuse briefs (cab-rank at Rules 85-86; mandatory refusals at Rule 87 et seq.; permissible refusals at Rule 91);
obligations on confidentiality and conflicts (Rules 103-111), and when a barrister must return a brief (Rules 93-102);
procedural limits for prosecutors and counsel assisting inquisitorial bodies (Rules 62-72);
precise requirements for direct client access, including written pre-engagement disclosure (Rules 115.1-115.2);
mandatory reporting of certain personal insolvency, disqualification or conviction events (Rules 115-115A);
operational practice rules: sole practitioner requirement, partnership prohibition and limits on business interests (Rule 81, and Rule 82), prohibition on third-line forcing (Rule 84), continuing professional development (Rule 113), reading/tutor obligations for new readers (Rules 112.1-112.3), and rules on advertising and specialisation (Rules 116-117);

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Legal Profession (Barristers) Rules 2026 Subordinate law SL2026–1 made under the Legal Profession Act 2006, s 579 (Rules for barristers) 1 Name of instrument This instrument is the Legal Profession (Barristers) Rules 2026. 2 Commencement This instrument commences on the day after it is notified. 3 Making of rules The Council of the Australian Capital Territory Bar Association makes the attached Legal Profession (Barristers) Rules 2026. 4 Revocation This instrument revokes the Legal Profession (Barristers) Rules 2021 [SL2021-5]. Prue Bindon President for the Australian Capital Territory Bar Association 15 January 2026

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au2 Legal Profession (Barristers) Rules 2026 Subordinate law SL2026–1 made under the Legal Profession Act 2006, s 579 (Rules for barristers) Contents PREAMBLE……………………………………………………………………………………….. 4 INTRODUCTION & INTERPRETATION………………………………………....................... 5 ADVOCACY RULES …………………………………………………………………….............. 8 Duty to client………………………………………………………………………....................................... 8 Disinterestedness…………………………………………………………………………………................. 8 Frankness in court………………………………………………………………………............................... 9 Delinquent or guilty clients………………………………………………………………………................10 Responsible use of court process and privilege…………………………………………………………….11 Efficient administration of Justice………………………………………………………………………….11 Integrity of evidence………………………………………………………………………………………..12 Duty to opponent……………………………………….………………………………………………….. 12 Integrity of hearings…………………………………………………………………….............................. 14 Prosecutor's duties………………………………………………………………………………… 15 OPINIONS…………………………………………………………………………………………17 BARRISTERS' WORK………………………………………………………….......................... 17 Referral to solicitor……………………………………………………………………................................19 Disclosure to direct access client………………………………………………………………………...... 19 SOLE PRACTITIONER RULES………………………………………………………………..19 Third-line forcing…………………………………………………………………………………………..20 CAB-RANK RULES & BRIEFS………………………………………………………………...20

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Cab-rank principle………………………………………………………………………………………… 20 Briefs which must be refused………………………………………………………………………………20 Briefs which may be refused……………………………………………………………………………….22 Return of briefs……………………………………………………………………………………………. 23 CONFIDENTIALITY AND CONFLICTS……………………………………………………..25 READING…………………………………………………………………………………………27 CONTINUING PROFESSIONAL DEVELOPMENT (CPD)…………………………………27 DISCLOSURE OBLIGATIONS…………………………………………………………………27 DIRECT CLIENT ACCESS……………………………………………………………………..28 ADVERTISING…………………………………………………………………………………..28 SPECIALISATION………………………………………………………………………………28 DISCRIMINATION AND SEXUAL HARASSMENT………………………………………...29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au4 PREAMBLE These Rules are made in the belief that:

The administration of justice is best served by reserving the practice of law to officers of the Supreme Court who owe their paramount duty to the administration of justice.
As legal practitioners, barristers must maintain high standards of professional conduct.
The role of barristers as specialist advocates in the administration of justice requires them to act honestly, fairly, skilfully, diligently and fearlessly.
Barristers owe duties to the courts, to other bodies and persons before whom they appear, to their clients, and to their barrister and solicitor colleagues.
Barristers should exercise their forensic judgements and give their advice independently and for the proper administration of justice, notwithstanding any contrary desires of their clients.
The provision of advocates for those who need legal representation is better secured if there is a Bar whose members: (a) must accept briefs to appear regardless of their personal prejudices; (b) must not refuse briefs to appear except on proper professional grounds; and (c) compete as specialist advocates with each other and with other legal practitioners as widely and as often as practicable.
Barristers should be free to choose how they lawfully practise as barristers except only in those cases where the unchecked exercise of that freedom would threaten harm to the greater public interest that barristers' conduct be honourable, diligent, especially skilled, disinterested and competitive and that access to barristers' services be enhanced.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 INTRODUCTION & INTERPRETATION 8. These Rules are made by the Bar Council. They may be cited as the ACT Barristers’ Rules. 9. These Rules are not, and should not be read as if they were, a complete or detailed code of conduct for barristers. Other standards for, requirements of and sanctions on the conduct of barristers are found in the inherent disciplinary jurisdiction of the Supreme Court and in the general law (including the law relating to contempt of court). 10. These Rules should be read and applied so as most effectively to attain the objects and uphold the values expressed in their Preamble. 11. General provisions of these Rules should not be read or applied in a limited way by reason of any particular or illustrative provisions. 12. Headings in these Rules shall be read as part of these Rules, but shall not be used so as to read or apply any of the Rules in a more limited way than would have been so if the headings were not part of the Rules. 13. These Rules are not to be read by reference to any former rules made by the Bar Association, whether or not the substance of any such rule is reflected in any of these Rules. 14. Barristers who are employed by a government or by an office or body created by statute, and who have been accepted by the Bar Council as members of the Bar Association, while acting pursuant to that employment, are not bound by Rules 74-92, Rule 115, or Rule 121. 15. Unless the context requires otherwise, the following expressions are defined as follows when used in these Rules: “allege” includes conduct constituted by settling, or opening on pleadings or affidavits, or witness statements, and reading or tendering affidavits or witness statements filed or prepared for the client (whether or not they were drawn or settled by the barrister). “alternative dispute resolution” includes, but is not limited to mediation, arbitration, and collaborative lawyering. “Bar Association” means the Australian Capital Territory Bar Association. “Bar Council” means the Council of the Bar Association. “barrister" means a member of the Bar Association whose name is on the Roll of Legal Practitioners of the Supreme Court of the ACT and who practises in the ACT as a barrister only. “barristers' work" means work permitted by Rule 74. “case” means the litigation or proceedings in which the barrister in question is briefed to appear, or the dispute in which the barrister is advising, as the case may be. “client” means the client of the barrister in question, and includes a professional acting as such, and in Rules 32, 34 and 46 includes those officers, servants or agents of a client which is not a natural person who are responsible for or involved in giving instructions on behalf of the client. “compromise” includes any form of settlement of the case, whether pursuant to a formal offer under the rules or procedure of a court, or otherwise.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au6 “court” means any body described as such and all other judicial tribunals, and, except in Rule 4, all statutory tribunals, and, except in Rules 4 and 87(j), all investigations and inquiries established by statute or by the Legislative Assembly, Royal Commissions, arbitrations and mediations. “criminal proceedings” includes disciplinary proceedings, in which context other expressions appropriate to criminal proceedings include corresponding meanings appropriate to disciplinary proceedings and in particular "a serious criminal offence" includes a disciplinary shortcoming which, if proved, involves the serious possibility of suspension or deregistration (or the equivalent). “current proceedings” means proceedings which have not been determined, including proceedings in which there is still the real possibility of an appeal or other challenge to a decision being filed, heard or decided. “fee” includes any payment for the reimbursement of expenses. “forensic judgments” do not include decisions as to the commencement of proceedings, the joinder of parties, admissions or concessions of fact, amendments of pleadings or undertakings to a court, or in criminal proceedings as to a plea, but do include advice given to assist the client or the instructing solicitor to make such decisions. “instructing solicitor” means the solicitor from whom the barrister in question has accepted a brief or who is instructing that barrister in that brief, as the case may be, but does not include a solicitor appearing with the barrister as a joint advocate. “insurance company” in Rule 55 includes any entity, whether statutory or otherwise, which performs the function of indemnifying in any way civil defendants. “legal advice” includes assistance at or presiding over meetings. “member” of a court, in Rule 87(j), does not include the holder of an acting commission or appointment. “opponent” means the legal practitioner appearing for the party opposed to the client, or the party opposed to the client if that party is unrepresented. “order” includes a judgment, decision or determination. “professional” when used as a noun means a person actively engaged in an occupation generally recognised as being a profession, and includes accountants, architects, doctors, engineers, surveyors, town planners and valuers. “prosecutor” means a barrister who appears for the complainant or Crown in criminal proceedings. “reader” means a person who has applied to be a barrister and who:- (a) is admitted as a legal practitioner; and (b) has passed, within a 10 month period of applying to be a barrister, each of the Bar Exams; and

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 (c) has not, during any part of the 36 month period prior to applying, held an unrestricted barrister’s certificate. “reading period” means the period commencing on the day the reader’s practising certificate is issued and continuing for 12 months from that day or for a longer time as determined by the Bar Council. “reading program” means a program of instruction for a reader approved by the Bar Council. “representative” means the barrister or, if no barrister, the solicitor who is retained by the party in question. “Senior Counsel” means and includes senior counsel appointed as such in accordance with Rule 114, senior counsel appointed as such in other states and territories pursuant to a similar procedure, and Her Majesty's Counsel for the ACT and for other states and territories of the Commonwealth. “tutor” has the meaning in Rule 112.1.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au8 ADVOCACY RULES Duty to client 16. A barrister must seek to advance and protect the client's interests to the best of the barrister's skill and diligence, uninfluenced by the barrister's personal view of the client or the client's activities, and notwithstanding any threatened unpopularity or criticism of the barrister or any other person, and always in accordance with the law including these Rules. 17. A barrister must seek to assist the client to understand the issues in the case and the client's possible rights and obligations, if the barrister is instructed to give advice on any such matter, sufficiently to permit the client to give proper instructions, particularly in connection with any compromise of the case. 17A. A barrister must inform the client or the instructing solicitor about the alternatives to fully contested adjudication of the case which are reasonably available to the client, unless the barrister believes on reasonable grounds that the client already has such an understanding of those alternatives as to permit the client to make decisions about the client’s best interests in relation to the litigation. 17B. A barrister must (unless circumstances warrant otherwise in the barrister’s considered opinion) advise a client who is charged with a criminal offence about any law, procedure or practice which in substance holds out the prospect of some advantage (including diminution of penalty), if the client pleads guilty or authorises other steps towards reducing the issues, time, cost or distress involved in the proceedings.8 Disinterestedness 18. A barrister must not act as the mere mouthpiece of the client or of the instructing solicitor and must exercise the forensic judgements called for during the case independently, after appropriate consideration of the client's and the instructing solicitor's desires where practicable. 19. A barrister will not have breached the barrister's duty to the client, and will not have failed to give reasonable consideration to the client's or the instructing solicitor's desires, simply by choosing, contrary to those desires, to exercise the forensic judgements called for during the case so as to: (a) confine any hearing to those issues which the barrister believes to be the real issues; (b) present the client's case as quickly and simply as may be consistent with its robust advancement; or (c) inform the court of any persuasive authority against the client's case. 20. A barrister must not make submissions or express views to a court on any material evidence or material issue in the case in terms which convey or appear to convey the barrister's personal opinion on the merits of that evidence or issue.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Frankness in court 21. A barrister must not knowingly make a misleading statement to a court on any matter. 22. A barrister must take all necessary steps to correct any misleading statement made by the barrister to a court as soon as possible after the barrister becomes aware that the statement was misleading. 23. A barrister must take all necessary steps to correct any express concession made to the court, in civil proceedings by the opponent in relation to any material fact, case-law or legislation: (a) only if the barrister knows or believes on reasonable grounds that it was contrary to what should be regarded as the true facts or the correct state of the law; (b) only if the barrister believes the concession was an error; and (c) not (in the case of a concession of fact) if the client’s instructions to the barrister support the concession. 24. A barrister seeking any interlocutory relief in an ex parte application must disclose to the court all matters which: (a) are within the barrister's knowledge; (b) are not protected by legal professional privilege; and (c) the barrister has reasonable grounds to believe would support an argument against granting the relief or limiting its terms adversely to the client. 24A. A barrister who has knowledge of matters which are within Rule 24(c): (a) must seek instructions for the waiver of legal professional privilege if the matters are protected by that privilege, so as to permit the barrister to disclose those matters under Rule 24; and (b) if the client does not waive the privilege as sought by the barrister: (i) must inform the client of the client's responsibility to authorise such disclosure and the possible consequences of not doing so; and (ii) must inform the court that the barrister cannot assure the court that all matters which should be disclosed have been disclosed to the court. 25. A barrister must, at the appropriate time in the hearing of the case and if the court has not yet been informed of that matter, inform the court of: (a) any binding authority; (b) any authority decided by the Full Court of the Federal Court of Australia, a Court of Appeal of a Supreme Court or a Full Court of a Supreme Court; (c) any authority on the same or materially similar legislation as that in question in the case, including any authority decided at first instance in the Federal Court or a Supreme Court, which has not been disapproved; or (d) any applicable legislation; which the barrister has reasonable grounds to believe to be directly in point, against the client's case. 26. A barrister need not inform the court of matters within Rule 25 at a time when the opponent tells the court that the opponent's whole case will be withdrawn or the opponent will consent to final judgment in favour of the client, unless the appropriate time for the barrister to have informed the court of such matters in the ordinary course has already arrived or passed.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au10 27. A barrister who becomes aware of a matter within Rule 25 after judgment or decision has been reserved and while it remains pending, whether the authority or legislation came into existence before or after argument, must inform the court of that matter by: (a) a letter to the court, copied to the opponent, and limited to the relevant reference unless the opponent has consented beforehand to further material in the letter; or (b) requesting the court to re-list the case for further argument on a convenient date, after first notifying the opponent of the intended request and consulting the opponent as to the convenient date for further argument. 28. A barrister need not inform the court of any matter otherwise within Rule 25 which would have rendered admissible any evidence tendered by the prosecution which the court has ruled inadmissible without calling on the prosecution or the defence. 29. A barrister will not have made a misleading statement to a court simply by failing to disclose facts known to the barrister concerning the client's character or past, when the barrister makes other statements concerning those matters to the court, and those statements are not themselves misleading. 30. A barrister who knows or suspects that the prosecution is unaware of the client's previous conviction must not ask a prosecution witness whether there are previous convictions, in the hope of a negative answer. 31. A barrister must inform the court in civil proceedings of any misapprehension by the court as to the effect of an order which the court is making, as soon as the barrister becomes aware of the misapprehension. Delinquent or guilty clients 32. A barrister whose client informs the barrister, during a hearing or after judgment or decision is reserved and while it remains pending, that the client has lied to the court or procured another person to lie to the court or has falsified or procured another person to falsify in any way a document which has been tendered: (a) must refuse to take any further part in the case unless the client authorises the barrister to inform the court of the lie or falsification; (b) must promptly inform the court of the lie or falsification upon the client authorising the barrister to do so; but (c) must not otherwise inform the court of the lie or falsification. 33. A barrister briefed to appear in criminal proceedings whose client confesses guilt to the barrister but maintains a plea of not guilty: (a) may return the brief, if there is enough time for another legal practitioner to take over the case properly before the hearing, and the client does not insist on the barrister continuing to appear for the client; (b) in cases where the barrister keeps the brief for the client: (i) must not falsely suggest that some other person committed the offence charged; (ii) must not set up an affirmative case inconsistent with the confession; but (iii) may argue that the evidence as a whole does not prove that the client is guilty of the offence charged; and

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 (iv) may argue that for some reason of law the client is not guilty of the offence charged. (v) may argue that for any other reason not prohibited by (i) and (ii) the client should not be convicted of the offence charged. 34. A barrister whose client informs the barrister that the client intends to disobey a court's order must: (a) advise the client against that course and warn the client of its dangers; (b) not advise the client how to carry out or conceal that course; but (c) not inform the court or the opponent of the client's intention unless: (i) the client has authorised the barrister to do so beforehand; or (ii) the barrister believes on reasonable grounds that the client's conduct constitutes a threat to any person's safety. Responsible use of court process and privilege 35. A barrister must, when exercising the forensic judgements called for throughout a case, take care to ensure that decisions by the barrister or on the barrister's advice to invoke the coercive powers of a court or to make allegations or suggestions under privilege against any person: (a) are reasonably justified by the material then available to the barrister; (b) are appropriate for the robust advancement of the client's case on its merits; (c) are not made principally in order to harass or embarrass the person; and (d) are not made principally in order to gain some collateral advantage for the client or the barrister or the instructing solicitor out of court. 36. A barrister must not allege any matter of fact in: (a) any court document settled by the barrister; (b) any submission during any hearing; (c) the course of an opening address; or (d) the course of a closing address or submission on the evidence; unless the barrister believes on reasonable grounds that the factual material already available provides a proper basis to do so. 37. A barrister must not allege any matter of fact amounting to criminality, fraud or other serious misconduct against any person unless the barrister believes on reasonable grounds that: (a) available material by which the allegation could be supported provides a proper basis for it; and (b) the client wishes the allegation to be made, after having been advised of the seriousness of the allegation and of the possible consequences for the client and the case if it is not made out. 38. A barrister must not make a suggestion in cross-examination on credit unless the barrister believes on reasonable grounds that acceptance of the suggestion would diminish the witness’s credibility.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au12 39. A barrister may regard the opinion of the instructing solicitor that material which is available to the solicitor is credible, being material which appears to the barrister from its nature to support an allegation to which Rules 36, 37 and 38 apply, as a reasonable ground for holding the belief required by those rules (except in the case of a closing address or submission on the evidence). 40. A barrister must make reasonable enquiries to the extent which is practicable before the barrister can have reasonable grounds for holding the belief required by Rule 38(a), unless the barrister has received and accepted an opinion from the instructing solicitor within Rule 39. Efficient administration of justice 41. A barrister must seek to ensure that: (a) the barrister does work which the barrister is briefed to do, whether expressly or impliedly, specifically or generally, in relation to steps to be taken by or on behalf of the client, in sufficient time to enable compliance with orders, directions, rules or practice notes of the court; and (b) warning is given to the instructing solicitor or the client, and to the opponent, as soon as the barrister has reasonable grounds to believe that the barrister may not complete any such work on time.13 42. A barrister must seek to ensure that work which the barrister is briefed to do in relation to a case is done so as to: (a) confine the case to identified issues which are genuinely in dispute; (b) have the case ready to be heard as soon as practicable; (c) present the identified issues in dispute clearly and succinctly; (d) limit evidence, including cross-examination, to that which is reasonably necessary to advance and protect the client’s interest which are at stake in the case; and (e) occupy as short a time in court as is reasonably necessary to advance and protect the client’s interests which are at stake in the case. 42A. A barrister must take steps to inform the opponent as soon as possible after the barrister has reasonable grounds to believe that there will be an application on behalf of the client to adjourn any hearing, of that fact and the grounds of the application, and must try, with the opponent’s consent, to inform the court of that application promptly. Integrity of evidence 43. A barrister must not suggest or condone another person suggesting in any way to any prospective witness (including a party or the client) the content of any particular evidence which the witness should give at any stage in the proceedings. 44. A barrister will not have breached Rule 43 by expressing a general admonition to tell the truth, or by questioning and testing in conference the version of evidence to be given by a prospective witness, including drawing the witness's attention to inconsistencies or other difficulties with the evidence, but must not coach or encourage the witness to give evidence different from the evidence which the witness believes to be true. 45. Deleted.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 46. A barrister must not confer with, or condone another legal practitioner conferring with, more than one lay witness (including a party or client) at the same time, about any issue: (a) as to which there are reasonable grounds for the barrister to believe it may be contentious at a hearing; and (b) which could be affected by, or could affect, evidence to be given by any of those witnesses; unless the barrister believes on reasonable grounds that special circumstances require such a conference. 47. A barrister will not have breached Rule 46 by conferring with, or condoning another legal practitioner conferring with, more than one client about undertakings to a court, admissions or concessions of fact, amendments of pleadings or compromise. 48. A barrister must not confer with any witness (including a party or client) called by the barrister on any matter related to the proceedings while that witness remains under cross- examination, unless: (a) the cross-examiner has consented beforehand to the barrister doing so; or (b) the barrister: (i) believes on reasonable grounds that special circumstances (including the need for instructions on a proposed compromise) require such a conference; (ii) has, if possible, informed the cross-examiner beforehand of the barrister's intention to do so; and (iii) otherwise does inform the cross-examiner as soon as possible of the barrister having done so. 49. A barrister must not take any step to prevent or discourage prospective witnesses or witnesses from conferring with the opponent or being interviewed by or on behalf of any other person involved in the proceedings. 50. A barrister will not have breached Rule 49 simply by telling a prospective witness or a witness that witness need not agree to confer or to be interviewed. Duty to opponent 51. A barrister must not knowingly make a false statement to the opponent in relation to the case (including its compromise). 52. A barrister must take all necessary steps to correct any false statement unknowingly made by the barrister to the opponent as soon as possible after the barrister becomes aware that the statement was false. 53. A barrister will not have made a false statement to the opponent simply by failing to correct an error on any matter stated to the barrister by the opponent. 54. A barrister must not deal directly with the opponent's client unless: (a) the opponent has previously consented; (b) the barrister believes on reasonable grounds that: (i) the circumstances are so urgent as to require the barrister to do so; and (ii) the dealing would not be unfair to the opponent's client; or

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au14 (c) the substance of the dealing is solely to enquire whether the person is represented and, if so, by whom. 55. A barrister must not confer with or deal directly with the party opposed to the client unless: (a) the party, not being indemnified by an insurance company which is actively engaged in contesting the proceedings, is unrepresented and has signified willingness to that course; or (b) the party, being indemnified by an insurance company which is actively engaged in contesting the proceedings, is otherwise unrepresented and the barrister: (i) has no reasonable grounds to believe that any statements made by the party to the barrister may harm the party's interests under the insurance policy; or (ii) has reasonable grounds for the belief referred to in (i) but has clearly informed the party beforehand of that possibility; or (c) the party, being indemnified by an insurance company which is actively engaged in contesting the proceedings, is personally represented but not in the case and the barrister: (i) has notified the party's representative of the barrister's intention to do so; and (ii) has allowed enough time for the party to be advised by the party's representative. 56. A barrister must not, outside an ex parte application or a hearing of which the opponent has had proper notice, communicate in the opponent's absence with the court concerning any matter of substance in connection with current proceedings unless: (a) the court has first communicated with the barrister in such a way as to require the barrister to respond to the court; or (b) the opponent has consented beforehand to the barrister dealing with the court in a specific manner notified to the opponent by the barrister. 57. A barrister must promptly tell the opponent what passes between the barrister and a court in a communication referred to in Rule 56. 58. A barrister must not raise any matter with a court in connection with current proceedings on any occasion to which the opponent has consented under Rule 56(b), other than the matters specifically notified by the barrister to the opponent when seeking the opponent's consent. Integrity of hearings 59. (a) Subject to sub rule (b), a barrister must not publish or take any steps towards the publication of any material concerning any current or potential proceedings which:- (i) is inaccurate; (ii) discloses any confidential information; (iii) appears to or does express the opinion of the barrister on the merits of the current or potential proceeding or on any issue arising in the proceeding other than in the course of genuine educational or academic discussion on matters of law. (b) may publish or assist the publishing of material concerning a current proceeding, by supplying only:-

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 (i) copies of pleadings or court documents in their current form, which have been filed and which have been served in accordance with the court’s requirements; (ii) copies of affidavits or witness statements, which have been read, tendered or verified in open court, clearly marked so as to show any parts which have not been read, tendered or verified or which have been disallowed on objection; (iii) copies of transcript of evidence given in open court, if permitted by copyright and clearly marked so as to show any corrections agreed by other parties or directed by the court; (iv) copies of exhibits admitted in open court and without restriction on access; (v) answers to unsolicited questions concerning the current proceedings and the answers are limited to information as to the identity of the parties or of any witness already called, the nature of the issues in the case, the nature of the orders made or judgment given including any reasons given by the court and the client’s intentions as to any further steps in the case. provided that where the barrister is engaged in the current proceeding the barrister does so only with the consent of the client first obtained. 60. A barrister will not have breached Rule 59 simply by advising the client about whom there has been published a misleading or coloured report relating to the case, and who has sought the barrister's advice in relation to that report, and who has sought the barrister's advice in relation to that report, that the client may take appropriate steps to present the client's own position for publication. 61. A barrister must not in the presence of any of the parties or solicitors deal with a court, or deal with any legal practitioner appearing before the barrister when the barrister is a referee, arbitrator or mediator, on terms of informal personal familiarity which may reasonably give the appearance that the barrister has special favour with the court or towards the legal practitioner. Prosecutor’s Duties 62. A prosecutor must fairly assist the court to arrive at the truth, must seek impartially to have the whole of the relevant evidence placed intelligibly before the court, and must seek to assist the court with adequate submissions of law to enable the law properly to be applied to the facts. 63. A prosecutor must not press the prosecution's case for a conviction beyond a full and firm presentation of that case. 64. A prosecutor must not, by language or other conduct, seek to inflame or bias the court against the accused. 65. A prosecutor must not argue any proposition of fact or law which the prosecutor does not believe on reasonable grounds to be capable of contributing to a finding of guilt and also to carry weight. 66. A prosecutor must disclose to the opponent as soon as practicable all material (including the names of and means of finding prospective witnesses in connection with such material) available to the prosecutor or of which the prosecutor becomes aware which could constitute evidence relevant to the guilt or innocence of the accused, unless: (a) such disclosure, or full disclosure, would seriously threaten the integrity of the administration of justice in those proceedings or the safety of any person; and

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au16 (b) the prosecutor believes on reasonable grounds that such a threat could not be avoided by confining such disclosure, or full disclosure, to the opponent being a legal practitioner, on appropriate conditions which may include an undertaking by the opponent not to disclose certain material to the opponent's client or any other person. 66A. A prosecutor who has decided not to disclose material to the opponent under Rule 66 must consider whether: (a) the defence of the accused could suffer by reason of such non-disclosure; (b) the charge against the accused to which such material is relevant should be withdrawn; and (c) the accused should be faced only with a lesser charge to which such material would not be so relevant. 66B. A prosecutor must call as part of the prosecution's case all witnesses: (a) whose testimony is admissible and necessary for the presentation of all of the relevant circumstances; (b) whose testimony provides reasonable grounds for the prosecutor to believe that it could provide admissible evidence relevant to any matter in issue; (c) whose testimony or statements were used in the course of any committal proceedings; and (d) from whom statements have been obtained in the preparation or conduct of the prosecution's case unless the opponent consents to the prosecutor not calling a particular witness; and except where:- (e) the only matter with respect to which the particular witness can give admissible evidence has been dealt with by an admission on behalf of the accused; (f) the prosecutor believes on reasonable grounds that the administration of justice in the case would be harmed by calling a particular witness or particular witnesses to establish a particular point already adequately established by another witness or other witnesses; or (g) the prosecutor believes on reasonable grounds that the testimony of a particular witness is plainly untruthful or is plainly unreliable by reason of the witness being in the camp of the accused; provided that:- (h) the prosecutor must inform the opponent as soon as practicable of the identity of any witness whom the prosecutor intends not to call on any ground within (e), (f) or (g) together with the grounds on which the prosecutor has reached that decision. 67. A prosecutor who has reasonable grounds to believe that certain material available to the prosecution may have been unlawfully obtained must promptly: (a) inform the opponent if the prosecutor intends to use the material; and (b) make available to the opponent a copy of the material if it is in documentary form. 68. A prosecutor must not confer with or interview any of the accused except in the presence of the accused's representative. 69. A prosecutor must not inform the court or the opponent that the prosecution has evidence supporting an aspect of its case unless the prosecutor believes on reasonable grounds that such evidence will be available from material already available to the prosecutor.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 70. A prosecutor who has informed the court of matters within Rule 69, and who has later learnt that such evidence will not be available, must immediately inform the opponent of that fact and must inform the court of it when next the case is before the court. 71. A prosecutor must not seek to persuade the court to impose a vindictive sentence or a sentence of a particular magnitude, but: (a) must correct any error made by the opponent in address on sentence; (b) must inform the court of any relevant authority or legislation bearing on the appropriate sentence; and (c) must assist the court to avoid appealable error on the issue of sentence; (d) may submit that a custodial or non-custodial sentence is appropriate; and (e) may inform the court of an appropriate range of severity of penalty, including a period of imprisonment, by reference to relevant appellate authority. 72. A barrister who appears as counsel assisting an inquisitorial body such as the National Crime Authority, the Australian Securities Commission, a Royal Commission or other statutory tribunal or body having investigative powers must act in accordance with Rules 62, 64 and 65 as if the body were the court referred to in those Rules and any person whose conduct is in question before the body were the accused referred to in Rule 64. OPINIONS 73. A barrister must give the barrister's truthful opinion on any matter submitted to the barrister for advice or opinion. BARRISTERS' WORK 74. A barrister must confine the barrister's professional work to: (a) appearing as an advocate; (b) preparing to appear as an advocate; (c) negotiating for the client with the opponent to compromise the case; (d) representing the client in a case appraisal, mediation, arbitration, collaborative law practice and procedures, and any other form of alternative dispute resolution; (e) giving legal advice; (f) preparing or advising on documents to be used by the client or by others in the client's affairs; (g) acting as a referee, arbitrator or mediator; and (h) carrying out work properly incidental to the kinds of work referred to in (a)-(g).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au18 75. A barrister must not: (a) act as a person’s general agent or attorney in that person’s business or dealings with others; (b) conduct contentious correspondence in the barrister’s name on behalf of any person with others (including public authorities) with whom that person is dealing, otherwise than the opponent; (c) place herself or himself at risk of becoming a witness, by investigating facts for the purposes of appearing as an advocate or giving legal advice, otherwise than by:- (i) conferring with the client, the instructing solicitor, prospective witnesses or experts; (ii) examining documents provided by the instructing solicitor or the client as the case may be, or produced to the court; (iii) viewing a place or things by arrangement with the instructing solicitor or the client, as the case may be; or (iv) library research; (d) act as a person’s only representative in dealings with any court, otherwise than when actually appearing as an advocate; (e) serve any process of any court; (f) conduct the conveyance of any property for any other person; (g) administer any trust estate or fund for any other person; (h) obtain probate or letters of administration for any other person; (i) incorporate companies or provide shelf companies for any other person; (j) prepare or lodge returns for any other person, unless the barrister is registered or accredited to do so under the applicable taxation legislation; or (k) hold, invest or disburse any fund for any other person. 76. A barrister will not have breached Rule 75 by:- (a) doing any of the matters referred to in that Rule on the barrister’s own behalf; (b) doing any of the matters referred to in that Rule without fee and as a private person on behalf of a member of the barrister’s family; (c ) doing any of the matters referred to in Rule 75 (d) to (k) by way of assistance to a friend, without fee and as a private person. 77. A barrister will not have breached Rule 75 (a), (g) or (k) if the barrister becomes such an agent, is appointed so to act or becomes responsible for such funds as a private person and not as a barrister or a legal practitioner.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Referral to Solicitor 78. A barrister who is asked by any person to do work or engage in conduct which is not barristers' work, or which appears likely to require work to be done which is not barristers' work, must promptly inform that person: (a) of the effect of Rules 74 and 75 as they relevantly apply in the circumstances; and (b) that, if it be the case, solicitors are capable of providing those services to that person. 79. A barrister who provides information under Rule 78 to a person must not inform the person that the barrister will perform barristers' work for that person on condition that a particular solicitor briefs the barrister to do so. 80. Disclosure to direct access client - Deleted see Rule 115.2 RULES 81. A barrister must be a sole practitioner, and must not practise: (a) in partnership with any person; (b) as the employer of any legal practitioner who acts as a legal practitioner in the course of that employment; or (c) as the employee of any person. (d) a barrister must not hold or have any interest in a law practice, other than a barrister’s own practice, whether directly or indirectly, unless that interest is a shareholding in an incorporated legal practice which is a listed public company. 82. A barrister must not make or have any arrangement with any person in connection with any aspect of the barrister's practice which imposes any obligation on the barrister of such a kind as may prevent the barrister from: (a) accepting any brief to appear for reasons other than those provided by the exceptions to the cab-rank principle in Rules 87, 89 and 91; or (b) competing with any other legal practitioner for the work offered by any brief for reasons other than those referred to in Rules 87, 89 and 91. 83. A barrister will not have breached Rules 81 and 82 by carrying out a specific task of research or chamber work given to the barrister by another barrister, or by giving such a task to another barrister, so long as: (a) the barrister who was briefed to do the chamber work takes full personal responsibility for the work; (b) the work is delivered under the name of the barrister who was briefed; (c) the arrangement between the barristers does not go beyond an ordinary devilling or reading arrangement and in particular does not involve any standing retainer or employment terms; and

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au20 (d) the arrangement between the barristers does not provide and is not intended to enable the barrister giving the task to make a profit from the other barrister's work, over and above reasonable remuneration for supervision of and responsibility for the other barrister's work. Third-line forcing 84. A barrister must not require that any other particular legal practitioner be instructed or briefed, as the case may be, so as in any way to impose that requirement as a condition of the barrister accepting any brief or instructions. CAB-RANK RULES & BRIEFS Cab-rank principle 85. A barrister must accept a brief from a solicitor to appear before a court in a field in which the barrister practises or professes to practise if: (a) the brief is within the barrister's capacity, skill and experience; (b) the barrister would be available to work as a barrister when the brief would require the barrister to appear or to prepare, and the barrister is not already committed to other professional or personal engagements which may, as a real possibility, prevent the barrister from being able to advance a client's interests to the best of the barrister's skill and diligence; (c) the fee offered on the brief is acceptable to the barrister; and (d) the barrister is not obliged or permitted to refuse the brief under Rules 87, 90 or 91. 86. A barrister must not set the level of an acceptable fee, for the purposes of Rule 85(c), higher than the barrister would otherwise set if the barrister were willing to accept the brief, with the intent that the solicitor may be deterred from continuing to offer the brief to the barrister. Briefs which must be refused 87. A barrister must refuse to accept or retain a brief or instructions to appear before a court if: (a) the barrister has information which is confidential to any other person in the case other than the prospective client, and: (i) the information may, as a real possibility, be helpful to the prospective client's case; and (ii) the person entitled to the confidentiality has not consented to the barrister using the information as the barrister thinks fit in the case; (b) the barrister has a general or special retainer which gives, and gives only, a right of first refusal of the barrister's services to another party in the case and the barrister is offered a brief to appear in the case for the other party within the terms of the retainer; (c) the barrister has reasonable grounds to believe that the barrister may, as a real possibility, be a witness in the case; (d) the brief is to appear on an appeal and the barrister was a witness in the case at first instance;

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 21 (e) the barrister has reasonable grounds to believe that the barrister's own personal or professional conduct may be attacked in the case; (f) the barrister has a material financial or property interest in the outcome of the case, apart from the prospect of a fee in the case of a brief under a speculative costs agreement; (g) the brief is on the assessment of costs which include a dispute as to the propriety of the fee paid or payable to the barrister, or is for the recovery from a former client of costs in relation to a case in which the barrister appeared for the client; (h) the brief is for a party to an arbitration in connection with the arbitration and the barrister has previously advised or appeared for the arbitrator in connection with the arbitration; (i) the brief is to appear in a contested hearing before the barrister's parent, sibling, spouse or child or a member of the barrister's household, or before a bench of which such a person is a member (unless the hearing is before the High Court of Australia sitting all available judges); (j) there are reasonable grounds for the barrister to believe that the failure of the client to retain an instructing solicitor would, as a real possibility, seriously prejudice the barrister's ability to advance and protect the client's interests in accordance with the law including these Rules. 87A Without limiting the generality of Rule 87, a barrister must refuse to accept or retain a brief of instructions to appear before a court (excluding a statutory or other tribunal) if the brief is to appear before a court of which the barrister was formerly a member or judicial registrar (other than in an acting capacity), or before a court from which appeals lay to a court of which the barrister was formerly a member (except the Federal Court of Australia in case of appeals from the Supreme Court of any State or Territory) and the appearance would occur: (a) within 2 years after the barrister ceased to be a member of the court in question, if the barrister was a member of the court for less than 2 years; (b) within a period after the barrister ceased to be a member of the court in question equivalent to the period for which the barrister was a member of the court, if the barrister was a member of the court for 2 years or more but less than 5 years; or (c) within 5 years after the barrister ceased to be a member of the court in question, if the barrister was a member of the court for 5 years or more. 87B. Without limiting the generality of Rule 87 a barrister must refuse to accept or retain a brief or instructions to appear before a statutory or other tribunal if:- (a) the brief is to appear before such a tribunal which does not sit in divisions or lists to which its members are assigned and the barrister is a member of the tribunal; (b) the brief is to appear before such a tribunal which sits in divisions or lists to which its members are assigned and:- (i) the barrister is a member of the tribunal assigned to a division or list; and (ii) the brief is to appear in a proceeding in that division or list; (c) the brief is to appear before such a tribunal:- (i) which does not sit in divisions or lists to which its members are assigned and the barrister was formerly a member of the tribunal – where the appearance

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au22 would occur within two years after the barrister ceased to be a member of the tribunal; (ii) which does sit in divisions or lists to which its members are assigned and the barrister was assigned as a member to a division or list – where the brief is to appear in a proceeding in a division or list to which the barrister was assigned and the appearance would occur within two years after the barrister ceased to be assigned to that division or list. 88. A barrister need not refuse a brief notwithstanding the application of Rules 87(c) or (e) if: (a) the barrister believes on reasonable grounds that: (i) allegations involving the barrister in such a way as to apply one of those Rules have been raised in order to prevent the barrister from accepting the brief; and (ii) those allegations can be met without materially diminishing the barrister's disinterestedness; and (b) the President of the Bar Association or a member of the Bar Council who is Senior Counsel approves of the barrister accepting the brief after the barrister has informed that Senior Counsel of the circumstances. 89. A barrister must refuse a brief if the barrister has information which is confidential to any person with different interests from those of the prospective client if: (a) the information may, as a real possibility, be helpful to the advancement of the prospective client's interests in the matter on which advice is sought; and (b) the person entitled to the confidentiality has not consented beforehand to the barrister using the information as the barrister thinks fit in giving advice. 90. A barrister must not accept a brief to appear on a day when the barrister is already committed to appear or is reasonably likely to be required to appear on another brief unless: (a) the person offering the later brief has expressly permitted the barrister to do so; and (b) the instructing solicitor in the earlier brief has been informed beforehand of the barrister's intention to accept the later brief. Briefs which may be refused 91. A barrister may refuse a brief if: (a) the brief is not offered by a solicitor; (b) the barrister considers on reasonable grounds that the time or effort required for the brief threatens seriously to prejudice the barrister's practice or other professional or personal engagements; (c) the barrister has reasonable grounds to doubt that the fee will be paid reasonably promptly or in accordance with the costs agreement; (d) the brief may, as a real possibility, require the barrister to cross-examine or criticise a friend or relation;

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23 (e) the solicitor does not agree to a request by the barrister that appropriate attendances by the instructing solicitor, solicitor's clerk or client representative will be arranged from time to time for the purposes of: (i) ensuring that the barrister is provided with adequate instructions to permit the barrister properly to carry out the work or appearance required by the brief; (ii) ensuring that the client adequately understands the barrister's advice; (iii) avoiding any delay in the conduct of any hearing or compromise negotiations; and (iv) protecting the client or the barrister from any disadvantage or inconvenience which may, as a real possibility, otherwise be caused; (f) the prospective client is also the prospective instructing solicitor, or a partner, employer or employee of the prospective instructing solicitor, and has refused the barrister's request to be instructed by a solicitor independent of the prospective client and the prospective client's firm; or (g) the barrister, being Senior Counsel, considers on reasonable grounds that the case does not require the services of Senior Counsel. 92. A barrister may regard the current listing of a solicitor by the Bar Association as one who has failed to pay another barrister's fee without reasonable excuse as a reasonable ground for the doubt referred to in Rule 91(c). Return of briefs 93. A barrister must not return a brief to defend a charge of a serious criminal offence unless: (a) the barrister believes on reasonable grounds that: (i) the circumstances are exceptional and compelling; and (ii) there is enough time for another legal practitioner to take over the case properly before the hearing; or (b) the client has consented after the barrister has clearly informed the client of the circumstances in which the barrister wishes to return the brief and of the terms of this Rule and Rule 94. 94. A barrister who holds a brief to defend a charge of a serious criminal offence and also any other brief, both of which would require the barrister to appear on a particular day, must return the other brief as soon as possible, unless the barrister became aware of the appearance being required on that day in the first brief after the barrister was committed to appear on that day in the other brief. 95. A barrister must not return a brief to appear in order to accept another brief to appear unless the instructing solicitor or the client, as the case may be, in the first brief has permitted the barrister to do so beforehand, after the barrister has clearly informed the instructing solicitor or the client, as the case may be, of the circumstances in which the barrister wishes to return the brief and of the terms of this Rule and Rule 97. 96. A barrister must not return a brief to appear on a particular date in order to attend a social occasion unless the instructing solicitor or the client, as the case may be, has expressly permitted the barrister to do so. 97. A barrister who wishes to return a brief which the barrister is permitted to return must do so in enough time to give another legal practitioner a proper opportunity to take over the case.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au24 98. A barrister must promptly inform the instructing solicitor or the client, as the case may be, as soon as the barrister has reasonable grounds to believe that there is a real possibility that the barrister will be unable to appear or to do the work required by the brief in the time stipulated by the brief or within a reasonable time if no time has been stipulated. 99. A barrister may return a brief if, after acceptance of the brief: (a) the instructing solicitor or client, as the case may be, has refused the barrister's request that appropriate attendances by the instructing solicitor, solicitor's clerk or client representative will be arranged from time to time for the purposes of: (i) ensuring that the barrister is provided with adequate instructions to permit the barrister properly to carry out the work or appearance required by the brief; (ii) ensuring that the client adequately understands the barrister's advice; (iii) avoiding any delay in the conduct of any hearing or compromise negotiations; or (iv) protecting the client or the barrister from any disadvantage or inconvenience which may, as a real possibility, otherwise be caused; (b) subject to paragraph (d) the barrister's advice as to the preparation or conduct of the case, not including its compromise, has been rejected or ignored by the instructing solicitor or the client, as the case may be; or (c) fees have not been paid reasonably promptly or in accordance with the costs agreement, and have remained unpaid after reasonable notice by the barrister to the instructing solicitor or client, as the case may be, of the barrister's intention to return the brief for that reason. (d) the provisions of rule 99A relating to Speculative Fee Agreement applies. 99A. A barrister may return a brief accepted under a Speculative Fee Agreement if:- (a) the barrister, and the instructing solicitor if any, consider on reasonable grounds that the client has unreasonably rejected a reasonable offer of compromise contrary to the barrister's advice; (b) the client has refused to pay the barrister a reasonable fee for all work done or to be done after the client's rejection of the offer; (c) the client was informed before the barrister accepted the brief of the effect of this Rule; and (d) the barrister has the firm view that the client has no reasonable prospects of success or of achieving a result better than the offer. 99B. Nothing in this Part entitles the barrister to enter into a Speculative Fee Agreement in criminal proceedings or proceedings relating to parenting of children under the Family Law Act 1975. 100. A barrister may return a brief accepted under a Speculative Fee if: (a) the barrister, and the instructing solicitor if any, consider on reasonable grounds that the client has unreasonably rejected a reasonable offer of compromise contrary to the barrister's advice;

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 25 (b) the client has refused to pay the barrister a reasonable fee for all work done or to be done after the client's rejection of the offer; (c) the client was informed before the barrister accepted the brief of the effect of this Rule; and (d) the barrister has the firm view that the client has no reasonable prospects of success or of achieving a result better than the offer. 101. A barrister who has reasonable grounds to believe that there is a real possibility that the barrister may cease to be solely a disinterested advocate by becoming also a witness in the case or a defender of the barrister's own personal or professional conduct against criticism must return the brief as soon as it is possible to do so without unduly endangering the client's interests, unless: (a) the barrister believes on reasonable grounds that: (i) allegations which involve the barrister in that way have been raised in order to remove the barrister from the case; and (ii) those allegations can be met without materially diminishing the barrister's disinterestedness; and (b) the President of the Bar Association or a member of the Bar Council who is Senior Counsel approves of the barrister keeping the brief after the barrister has informed that Senior Counsel of the circumstances. 102. A barrister must return a brief to appear in a contested hearing before a court constituted by a person whose relationship with the barrister is such as to make such appearance undesirable unless: (a) the barrister learns of the identity of the person or persons constituting the court so close to the hearing date that return of the brief would not give another legal practitioner enough time to take over the case properly before the hearing; and (b) the barrister has sought to draw the circumstances to the court's attention so as to permit the constitution of the court to be changed. CONFIDENTIALITY & CONFLICTS 103. A barrister must not disclose (except as compelled by law) or use in any way in the course of practice confidential information obtained by the barrister concerning any person to whom the barrister owes some duty or obligation to keep such information confidential unless or until: (a) the information has been published; (b) the information is later obtained by the barrister from another person who is not bound by the confidentiality owed by the barrister to the first person and who does not give the information confidentially to the barrister; or (c) the person has consented to the barrister disclosing or using the information generally or on specific terms. 104. A barrister must not disclose (except as compelled by law) or use confidential information under Rule 103(c) in any way other than as permitted by the specific terms of the person's consent.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au26 105. A barrister will not have breached Rules 103 and 104 simply by showing briefs to or disclosing information contained in a brief to the barrister’s instructing solicitor in the matter, to a member of the barrister’s staff for purposes of that person undertaking clerical or administrative work in relation to the matter or to a reader or to another barrister doing work as permitted by Rule 83 so long as the barrister has reminded the reader of barrister’s duties of confidentiality including Rules 103 and 104. 106. A barrister who is shown a brief as a reader or under an arrangement covered by Rule 83 is bound by the same duties of confidentiality which bind the barrister whose brief it is, including the duties imposed by Rules 103 and 104. 107. A barrister who has accepted a brief must return the brief as soon as possible after the barrister becomes aware that the barrister has information confidential to a person other than the client which may, as a real possibility, be helpful to the client's case or to the advancement of the client's interests, being information which the barrister is prohibited from disclosing or using by Rules 103, 104 or 106, unless the person entitled to the confidentiality consents to the barrister disclosing or using the information as the barrister thinks fit. 108. A barrister who is briefed to appear for two or more parties in any case must determine as soon as possible whether the interests of the clients may, as a real possibility, conflict and, if so, the barrister must then return the brief for: (a) all the clients in the case of confidentiality to which Rule 103 would apply; or (b) in other cases, one or more of the clients: (i) giving preference to the earliest brief if the barrister was briefed at different times; and (ii) so as to remove that possibility of conflict. 109. A barrister who, during the hearing of the case, becomes aware that the interests of the clients or some of them do or may, as a real possibility, conflict, must return the brief for: (a) all the clients in the case of confidentiality to which Rule 103 would apply; or (b) in other cases, one or more of the clients: (i) giving preference to the earliest brief if the barrister was briefed at different times; and (ii) so as to remove that possibility of conflict. 110. A barrister need not return any briefs to appear under Rules 108 or 109, if the barrister has informed the instructing solicitor or the clients, as the case may be, of the barrister's view as to the clients' conflicting interests, and the instructing solicitor or the clients, as the case may be, inform the barrister that all the clients nonetheless wish the barrister to continue to appear for them. 111. A barrister who believes on reasonable grounds that the interests of the client may conflict with the interests of the instructing solicitor, or that the client may have a claim against the instructing solicitor, must: (a) advise the instructing solicitor of the barrister's belief; and

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27 (b) if the instructing solicitor does not agree to advise the client of the barrister's belief, seek to advise the client in the presence of the instructing solicitor of the barrister's belief. READING 112.1 A reader must, unless exempted by the Bar Council, complete the reading program within the reading period. 112.2 At any time during the reading period, the reader or the reader’s tutor may seek guidance from the Bar Council as to:- (a) any step necessary required of the reader to complete the reading program; and (b) any matter relating to the relationship between the reader and a tutor of the reader. 112.3 Each tutor and reader must, in relation to the Reader’s reading program, comply with any direction or decision made by the Bar Council. CONTINUING PROFESSIONAL DEVELOPMENT (CPD) 113. A member of the association who is a local practising barrister must undertake each year the requirements of any continuing professional development programme established by the bar council from time to time. 114 – Deleted DISCLOSURE OBLIGATIONS Disclosure Requirements 115. In this Rule, a “disclosable event” in relation to a barrister means any of the following:- (a) the making of a sequestration order against, or the filing of a debtor’s petition by the barrister pursuant to the Bankruptcy Act 1966 (Cth); (b) the entry by the barrister into a debt agreement pursuant to Part IX of the Bankruptcy Act 1966 (Cth) or an agreement, composition or arrangement to Part X of that Act; (c ) the disqualification of the barrister from managing or being involved in the management of any body corporate under any law in force in any jurisdiction within Australia, including disqualification form managing corporations under Part 2D.6 of the Corporations Act 2001; or (d) the conviction of the barrister of an offence under any law in force in Australia or in any overseas country or a finding that such an offence is proved against the barrister where the maximum penalty for the offence is a term of imprisonment of 12 months or more or where fraud or dishonesty is an element of the offence. 115A. Where a disclosable event occurs in relation to a barrister, the barrister must within 28 days after the disclosable event occurs:- (a) inform the Secretary of the Bar Association in writing of the occurrence of the disclosable event; and (b) provide the Secretary of the Bar Association with written details of the circumstances giving rise to the disclosable event sufficient to enable the Secretary of the Bar Association to determine whether the occurrence of the disclosable event in relation

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au28 to the barrister or any circumstances giving rise to it, may affect the barrister’s suitability to engage in legal practice as a barrister for the purposes of the relevant legislation in force in each jurisdiction. (c ) A barrister in relation to whom a disclosable event occurs must, within 14 days after receiving a written request from the Secretary of the Bar Association to do so, provide such further information concerning the disclosable event or any of the circumstances giving rise to it, as the Secretary of the Bar Association may require. DIRECT CLIENT ACCESS 115.1 A barrister may do barristers' work for a client without the intervention of an instructing solicitor. 115.2 A barrister who proposes to accept instructions directly from a person who is not a solicitor or a professional acting as such must inform the prospective client in writing of: (a) the effect of Rules 74 and 75; (b) the fact that circumstances may require the client to retain an instructing solicitor at short notice, and possibly during the case; (c) any other disadvantage which the barrister believes on reasonable grounds may, as a real possibility, be suffered by the client if the client does not retain an instructing solicitor; and (d) the relative capacity of the barrister in performing barristers' work to supply the requested facilities or services to the client compared to the capacity of the barrister together with an instructing solicitor to supply them. ADVERTISING 116.1. A barrister may advertise. 116.2 An advertisement must not be of a kind that is or might reasonably be regarded as: (a) false, misleading, or deceptive; (b) in contravention of any legislation; (c) vulgar, sensational, or otherwise such as would bring or be likely to bring the barrister or the legal profession into disrepute. SPECIALISATION 117. A barrister may advertise or hold himself or herself out as being a specialist or as offering specialist services, but only if: (a) the barrister is not a reader and has had at least two years extensive experience in the relevant field, (b) the barrister has given at least 2 months' notice to the Bar Council of the intention to do so, and (c) the Bar Council does not disapprove. 118. Deleted 119. Deleted 120. Deleted

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 29 120.1 – 121.3 Deleted 121. Deleted DISCRIMINATION, SEXUAL HARASSMENT AND BULLYING Discrimination 122.1 A barrister shall not in any professional context discriminate against a client, solicitor, or another barrister on the basis of the person’s religion, age, race, impairment, political belief or activity, trade union activity, sex, marital status, pregnancy, parental status, lawful sexual activity or association with, or relation to, a person identified on the basis of any of the above. Sexual Harassment 122.2 (a) A barrister shall not, in any professional context, engage in sexual harassment. (b) For the purposes of sub-rule (a) a barrister sexually harasses another person if: (i) the barrister makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to that person; or (ii) engages in other unwelcome conduct of a sexual nature in relation to that person; in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that that person would be offended, humiliated or intimidated. “Conduct of a Sexual Nature” includes making a statement of a sexual nature to the person allegedly harassed or in the presence of that person, whether the statement is made orally or in writing. Bullying 122.3 (a) A barrister shall not, in any professional context, engage in conduct which is bullying. (b) For the purposes of sub-rule (a), bullying means unreasonable behaviour that could reasonably be expected to intimidate, degrade, humiliate, isolate, alienate, or cause serious offence to a person working in a workplace. Procedure 122.4 (a) The person allegedly discriminated against, harassed or bullied may lodge a report or complaint about the barrister in accordance with the complaint and report processes approved by the Bar Council from time to time. Such complaint and report processes as approved by the Bar Council will be published in the appropriate ACT Bar Association policies against discrimination, sexual harassment and bullying. 123. Deleted

The Rules are organised around a small number of controlling professional concepts that determine permitted conduct and business models. Each of these concepts recurs across multiple rules and is explicitly defined or bounded.

Paramount duties and forensic independence

The barrister’s duty to advance and protect the client’s interests is explicit (Rule 16), but the Rules subordinate that duty to law and to the barrister’s obligation to exercise independent forensic judgement (Rules 16, 18-20). The concept of “forensic judgments” is defined to exclude certain pre-litigation or pleading decisions but to include advice assisting those decisions (Introduction, definition section).

Cab-rank principle and constrained refusal/return

The cab-rank concept is embodied in Rule 85, which requires acceptance of briefs falling within the barrister’s capacity, availability and acceptable fee, unless an enumerated refusal ground applies (Rules 87-91). Rule 86 prevents strategic fee inflation to evade briefs. Rules 87-102 describe mandatory and discretionary grounds to refuse or return briefs and set timing and consultation obligations for returning briefs.

Scope of barristers’ work and business form limits

“Barristers’ work” is tightly defined (Rule 74) and excludes acting as a general agent, conducting contentious correspondence in the barrister’s name other than with opponents, holding or investing client funds, incorporating companies for clients, conveyancing, trust administration and several other non-barrister services (Rule 75). Barristers must practise as sole practitioners (Rule 81) and may not enter partnerships or employ legal practitioners practising law in employment (Rule 81(a)-(c)). Exception: shareholding in an incorporated legal practice that is a listed public company is permitted (Rule 81(d).

Confidentiality and conflict management

Rules 103-111 establish a strict duty not to disclose or use confidential information, a duty to return briefs when conflicts are or may be present (Rules 107-111), and procedures for multi-client conflicts (Rules 108-111). The covering definitions expand “confidentiality” contexts and identify when consent permits use (Rules 103-104, 107).

Direct client access, disclosure and insolvency reporting

Barristers may accept instructions directly from members of the public (Rule 115.1), but Rule 115.2 requires written disclosure of the limits of barristers’ work and possible disadvantages in the absence of a solicitor. Separately, “disclosable events” (insolvency, disqualification, conviction) must be notified to the Secretary within 28 days and further information supplied on request within 14 days (Rules 115 and 115A). The definitions list the statutory sources (Bankruptcy Act 1966; Corporations Act 2001) referenced in these disclosure duties.

Prosecutorial ethics

Prosecutors and counsel assisting inquisitorial bodies carry duties of impartiality and disclosure (Rules 62-72), including obligations to disclose material relevant to guilt, to call necessary witnesses (Rule 66-66B), and to avoid inflaming or biasing the court (Rules 62-65).

Professional standards, training and behaviour

CPD participation is mandatory for local practising barristers as set by the Bar Council (Rule 113). Reading and tutorial duties for new practitioners are governed by Rules 112.1-112.3. Advertising and specialisation are permitted but regulated (Rules 116-117). Behavioural standards covering discrimination, sexual harassment and bullying are set out and a Bar Council-managed complaint process is mandated (Rules 122.1-122.4).

Procedural relationship boundaries

The Rules set obligations about dealing with opponents, opponents’ clients and the court (Rules 51-58, 56-57). They also prescribe how and when to correct misleading statements to court or opponent (Rules 21-23, 51-52), and strict limits on ex parte applications and required disclosure in those circumstances (Rule 24 and 24A).

Interplay with supervisory institutions

The Bar Council retains administrative discretion in approving reading programs, specialisation and CPD (Rules 112.3, 117, 113). The Secretary of the Bar Association receives statutory notifications (Rule 115A). Rule 9 explicitly locates sanctions and disciplinary jurisdiction with the Supreme Court and the general law, confirming a layered enforcement architecture: Bar Council governance, membership discipline processes and the Court’s inherent powers.

These main concepts shape practical outcomes: they constrain business organisation (sole practice, no partnerships), impose procedural restraints in litigation (disclosure, frankness, mandatory refusals), open barristers to direct access but attach pre-engagement disclosure duties, and leave enforcement to both the Bar Association mechanisms and the Supreme Court.

Primary group: members of the Australian Capital Territory Bar Association who practise as barristers in the ACT, defined as those whose names are on the Roll and who practise in the ACT as barristers only (definition “barrister”). The Rules repeatedly refer to “a barrister” when imposing duties and prohibitions (e.g. ss 16-20; Rule 74).

Readers and prospective barristers: the reading program and tutor duties apply to readers who have passed the Bar Exams and are commencing their reading period (Definitions; Rules 112.1-112.3). Readers are bound by confidentiality duties (Rule 106) and must complete the reading program within the reading period unless exempted (Rule 112.1).

Instructing solicitors: identified throughout as the intermediary for briefs, instruction and joint advocacy (definition “instructing solicitor”; Rules 74, 78-80, 85-96). The Rules impose duties on barristers to involve instructing solicitors appropriately (Rules 41, 42, 85(e), 91(e)), and they give instructing solicitors a role when a barrister seeks to return a brief or when advising clients of conflicts (Rules 97-99, 111).

Clients and prospective clients: Rule 16-17B imposes duties to clients to advance and explain matters; Rule 115.2 mandates a written disclosure to direct-access clients about the limits on barristers’ work. Clients in speculative fee arrangements are affected by Rules 99A-100, and criminal and family law parenting proceedings are excluded from speculative fee arrangements (Rule 99B).

Opponents and unrepresented parties: Rules regulate direct dealing with opponents and the opponent’s client (Rules 54-56, 55), placing burdens on barristers to obtain opponent consent before certain communications and to avoid unfair dealing. Parties indemnified by insurers attract special conditions (Rule 55).

Prosecutors and counsel assisting bodies: the Rules impose special duties on prosecutors to disclose material, avoid biasing the court and to ensure relevant evidence is called (Rules 62-71). Counsel assisting inquisitorial bodies are explicitly bound by these rules (Rule 72).

Bar Council and Bar Association officers: the Bar Council makes the Rules and retains powers to approve reading programs, CPD, specialisation and to receive disclosures (Rules 3, 112.3, 113, 117, 115A). The Secretary of the Bar Association is the addressee for disclosable events (Rule 115A).

Government-employed barristers: Rule 14 exempts barristers employed by government or statutory offices from several rules (Rules 74-92, Rule 115, Rule 121) while acting pursuant to that employment, but only if accepted by the Bar Council as members of the Bar Association. That carve-out materially narrows the coverage of many practice-restricting Rules for government-employed barristers during the course of their employment.

Courts, tribunals and administrative bodies: the Rules repeatedly define “court” broadly to include statutory tribunals, Royal Commissions, arbitrations and mediations, except in certain contexts (definition “court” and various exclusions). Specific prohibitions apply when a barrister is or was a member of a tribunal (Rules 87A, 87B).

Third parties and businesses: firms or individuals considering retaining or engaging a barrister directly must be informed about limitations on barrister services (Rule 115.2). Persons or companies who are the subject of confidentiality or conflicts are affected by the barrister’s duty not to use confidential information (Rules 103-107).

Because the Rules remove partnership structures and bar employment relationships for practising barristers (Rule 81), legal service businesses that typically hire or partner with barristers are affected: instructing solicitors cannot expect a barrister to practise as an employee or partner in a law firm under these Rules, except in the narrow shareholding exception (Rule 81(d)). That structural rule changes the commercial relationships between the Bar and solicitor firms.

This section summarises principal obligations placed on barristers and corresponding rights or entitlements under the Rules, citing the specific provisions where they appear.

Duties to client and professional independence

Advance and protect client interests with skill and diligence, uninfluenced by personal views, and in accordance with the law and these Rules (Rule 16).
Explain issues and the client’s possible rights and obligations when instructed to give advice, to permit proper instructions (Rule 17).
Inform clients (or instructing solicitors) about alternatives to full adjudication when reasonably available (Rule 17A).
For criminally charged clients, advise on law, procedure or practice that could advantage the client if the client pleads guilty or takes steps to reduce issues, time, cost or distress (Rule 17B).
Exercise independent forensic judgments and not be a mere mouthpiece of the client or instructing solicitor (Rules 18-20).

Duties of frankness and court-focused disclosure

A barrister must not knowingly make misleading statements to court and must correct any misleading statements promptly (Rules 21-22).
In ex parte applications a barrister must disclose matters within the barrister’s knowledge that are not privileged and which would support the opponent’s case (Rule 24); where privilege applies the barrister must seek a waiver and, if not waived, inform the court the barrister cannot assure full disclosure (Rule 24A).
The barrister must inform the court of binding or directly in point adverse authority or applicable legislation (Rule 25), and must notify the court of relevant authorities discovered after argument but before judgment is delivered (Rule 27).

Duties regarding evidence and witnesses

A barrister must not suggest or condone suggesting to a prospective witness the content of evidence to be given (Rule 43) and must not coach witnesses (Rule 44).
The barrister must not confer with more than one lay witness at the same time about contentious issues unless special circumstances exist (Rule 46). While conferring with multiple clients, admissions, undertakings and compromise may be discussed (Rule 47).
A barrister must not confer with any witness under cross-examination unless consented by the cross-examiner or special circumstances apply and the cross-examiner is informed (Rule 48).

Cab-rank right/duty relationship

Duty to accept briefs which are within capacity, available and with acceptable fee, unless covered by refusal grounds (Rule 85). The barrister has a right to decline where statutory exceptions apply (Rules 87-91).
The barrister has a duty not to set an artificially high “acceptable” fee to deter briefs (Rule 86).

Scope of practice rights and limits

Rights to conduct barristers’ work set out in Rule 74; simultaneous strict prohibitions on non-barrister activities such as acting as general agent, conducting contentious correspondence in one’s name other than with an opponent, holding client funds, conveyancing, preparing lodgement tax returns unless registered, and other transactional work (Rule 75).
A barrister may nevertheless undertake these acts for themselves, for family without fee, or by way of limited assistance to a friend without fee (Rule 76), and may be a private agent in a private capacity (Rule 77).

Confidentiality, conflicts and returning briefs

Duties not to disclose or use confidential information except where published, later obtained from a non-confidential source, or consented to (Rules 103-104).
Must return briefs where confidential information held for another party may materially assist a prospective client (Rule 87(a), Rule 107) or where multi-client or later arising conflicts exist (Rules 108-111).
Barristers who become witnesses or whose conduct may be attacked must return briefs unless Senior Counsel approval is obtained and certain conditions satisfied (Rules 87(c), 101-102).

Direct access and disclosure obligations

Barristers can accept instructions directly (Rule 115.1) but must give written disclosure to such clients of the limits of barristers’ work, likely need for an instructing solicitor, potential disadvantages, and comparative capacity to provide requested services (Rule 115.2).
Specific “disclosable events” (bankruptcy, Part IX/X agreements, corporate management disqualification, or conviction of serious offences) must be notified in writing to the Secretary within 28 days and further information provided within 14 days if requested (Rules 115, 115A).

Prosecutorial duties

Prosecutors must fairly assist the court toward truth; not inflame the court; not press beyond a full and firm presentation; and must disclose material relevant to guilt or innocence unless to do so would seriously threaten safety or the integrity of administration of justice (Rules 62-66A).
Prosecutors must call as part of the prosecution’s case all witnesses whose testimony is admissible and necessary unless listed exceptions apply, and must inform opponents if choosing not to call such witnesses and why (Rules 66-66B, 67).

Operational and business duties

Barristers must be sole practitioners and may not be partners or employers or employees in a legal practice that provides legal services, but may hold a shareholding in an incorporated legal practice if it is a listed public company (Rule 81).
Prohibition on third-line forcing: barristers must not require a particular legal practitioner be instructed as a condition of accepting a brief (Rule 84).
Advertising is permitted but must not be false, misleading, contravene legislation, or be vulgar or sensational (Rules 116.1-116.2).
Specialisation advertising requires at least two years’ extensive experience, two months’ notice to Bar Council, and no Bar Council disapproval (Rule 117).
CPD participation is mandatory for local practising barristers in any Bar Council-established programme (Rule 113).

Behavioural and workplace duties

A barrister must not discriminate or engage in sexual harassment or bullying in any professional context; definitions and thresholds for those terms are set out and a complaint process is to be published by the Bar Council (Rules 122.1-122.4).

Rights and discretionary approvals

Barristers have discretion to refuse briefs in specified circumstances (Rule 91), to return briefs for the reasons set out (Rules 93-101), and to accept direct access work after fulfilling disclosure obligations (Rule 115.1-115.2).
The Bar Council has authority to approve reading programs, CPD requirements and specialisation notices (Rules 112.3, 113, 117).

Together, these duties create a structured set of professional obligations balancing client service, court duties, and institutional integrity, while constraining commercial forms and non-barrister activities.

The Rules themselves do not set out an express penalty schedule or enforcement mechanics in the form of fines or specified sanctions. Instead, the instrument and the Rules locate enforcement in complementary systems and authoritative actors:

Supreme Court and general law

Rule 9 explicitly states that these Rules are not a complete disciplinary code and that other standards, requirements and sanctions are found in the Supreme Court’s inherent disciplinary jurisdiction and in the general law, including contempt. Practitioners therefore remain subject to the Court’s existing powers to sanction professional misconduct, impose suspensions, disbarment, fines or contempt remedies within the Court’s jurisdiction.

Bar Association governance and processes

The Bar Council makes the Rules (Rule 3), approves reading programs and CPD requirements (Rules 112.3, 113), may disapprove specialisation notices (Rule 117), and receives disclosures via the Secretary (Rule 115A). The Rules require members to report disclosable events to the Secretary within strict timeframes (Rule 115A) and to provide further information on request. These administrative functions imply the Bar Council will assess suitability and take internal measures, but the Rules do not themselves prescribe specified penalties for non-compliance. The Preamble and Rule 122.4 indicate that the Bar Council will publish complaint processes for discrimination, sexual harassment and bullying.

Mandatory reporting obligations and administrative consequences

A barrister must inform the Secretary in writing of a disclosable event within 28 days and provide further details within 14 days of a written request (Rule 115A). Failure to comply would place the barrister in breach of the Rules; consequences are not specified within the Rules but are likely to be pursued through Bar Association processes and, where relevant, by court action under the Supreme Court’s jurisdiction for professional unsuitability or misconduct.

Referral, returns and refusal , prompt action obligations

Several rules mandate prompt communication and steps that if not followed could expose a barrister to discipline: correcting misleading statements to court and opponent (Rules 21-22, 51-52), informing the court of certain authorities (Rule 25, 27), returning briefs promptly when conflicts or disclosable information arises (Rules 93, 97, 107-111), and providing pre-engagement disclosure to direct-access clients (Rule 115.2). Non-compliance may inform judicial or Bar disciplinary action.

Criminal and civil liability under general law

The Rules do not remove civil or criminal liabilities. Rule 9 affirms the continuing operation of the general law. For example, if a barrister contravenes legal obligations or engages in behaviour amounting to criminality (the Rules themselves identify criminality as an issue in disclosure and conduct provisions (e.g. Rules 37, 115)), separate criminal or civil proceedings may follow.

Investigative and disclosure obligations for prosecutors

Prosecutors are under duties of disclosure and unbiased presentation (Rules 62-71). Failures of disclosure or misuse of evidence may be addressed within criminal appeals, judicial review processes or in disciplinary inquiries; the Rules give no direct sanction but place duties that have legal consequence through other mechanisms.

Bar Council complaint processes and remedies

The Rules require that complaints processes for discrimination, sexual harassment and bullying will be approved by the Bar Council and published (Rule 122.4). Those processes will be the internal forum for handling those categories of complaints; the Rules do not detail remedies, indicative timelines, burden of proof or appeal routes for those processes, though Rule 9 reserves the Supreme Court’s jurisdiction.

Administrative discretion and case-by-case determinations

The Bar Council (and designated officers such as the President or Senior Counsel members) have powers to approve exceptions, e.g. to permit a barrister to retain a brief despite concerns (Rule 88) or to oversee reading program matters (Rules 112.2-112.3). The presence of these discretionary approvals means enforcement will often be remedial and administrative rather than purely rule-automatic.

In short, penalties and enforcement rely on:

Bar Council administrative action (processing disclosures, specialisation approvals, CPD oversight, complaint processes per Rules 112.3, 113, 115A, 117, 122.4);
the Supreme Court’s inherent disciplinary jurisdiction and the general law for sanctioning professional misconduct (Rule 9);
procedural and evidentiary consequences in litigation resulting from breaches of advocacy duties (e.g. failure to disclose might affect an application or be the subject of contempt proceedings, though the Rules themselves do not set specific sanctions).

As the Rules do not prescribe fixed penalties, the practical enforcement landscape will depend on Bar Council policies and the Supreme Court’s exercise of its inherent jurisdiction and general law remedies.

The Rules sit within a statutory and common law architecture and explicitly reference several Commonwealth statutes and institutional relationships.

Source power and statutory context

The Rules are made under s 579 of the Legal Profession Act 2006 (instrument header). That Act provides the enabling power for Bar Council rules for barristers; the instrument’s preamble confirms the Bar Council as the rule-maker (Rule 3) and revokes prior Rules (Rule 4).

Referenced Commonwealth statutes

Bankruptcy Act 1966: The definition of a “disclosable event” includes filing of a debtor’s petition or sequestration orders and entry into Part IX debt agreements, or Part X agreement/composition/arrangement (Rule 115(a)-(b)). Those statutory processes, and the 28-day disclosure requirement in Rule 115A, create a direct reporting obligation tied to federal bankruptcy law events.
Corporations Act 2001: Rule 115(c) includes disqualification from managing a body corporate under any law in force in any Australian jurisdiction, expressly including disqualification under Part 2D.6 of the Corporations Act. That imports corporate law consequences into professional suitability assessments.
Family Law Act 1975: Rule 99B expressly prevents barristers from entering Speculative Fee Agreements in proceedings relating to parenting under the Family Law Act 1975 or in criminal proceedings. The definition creates a cross-reference that limits contingency fee arrangements where family law parenting proceedings or criminal proceedings are involved.
Various definitions and references to appeal structures name the Federal Court, Full Courts and Courts of Appeal (Rule 25). Rule 25 uses these judicial institutions in specifying which authorities must be disclosed to the court.

Interaction with court rules and practice

The Rules frequently refer to orders, directions, rules or practice notes of the court (Rule 41), and they define “court” expansively to include statutory tribunals, Royal Commissions, arbitrations and mediations (definitions). Exceptions to that expansive definition are noted for particular rules (e.g. Rule 87 where “court” excludes some tribunals in context). A barrister must act consistently with court practice and rules, and the Rules impose additional duties that complement judicial practice directions (e.g. ex parte disclosure Rule 24).

Supreme Court inherent jurisdiction and general law

Rule 9 explicitly states these Rules are not exhaustive and that the Supreme Court’s inherent disciplinary jurisdiction and the general law, including contempt law, provide further standards and sanctions. This preserves the pre-existing common law and judicial disciplinary framework for professional regulation.

Administrative law and tribunal interactions

The Rules apply to appearances before statutory tribunals and describe situations where a barrister must refuse a brief if the barrister is a member of the tribunal or was recently a member (Rules 87B and 87A). Those rules interact with statutory tribunal governance and appointment regimes; they recognise separation concerns and the need to avoid appearances of bias where a barrister has served a tribunal.

Criminal law and prosecutorial obligations

Prosecutorial duties (Rules 62-71) intersect with criminal procedure and evidence law; requirements to disclose material relevant to guilt or innocence and to call relevant witnesses (Rules 66-66B) mirror statutory and common law obligations on prosecutors and can be enforced through prosecutorial review, appeal processes or fitness-to-practice proceedings.

Employment, corporate and tax law consequences

The sole practitioner requirement (Rule 81) restricts barristers’ business structures by prohibiting practice in partnership or employment as a legal practitioner, except a shareholding in a listed incorporated legal practice. This interacts with corporate law and tax law considerations for barristers considering alternative business models; such structural restrictions mean certain corporate or employer-employee relationships typical in other jurisdictions are not permitted under these Rules for practising barristers in the ACT.

Professional indemnity and insurance arrangements

Definitions include an “insurance company” for the purpose of Rule 55, and Rule 55 creates special conditions when dealing directly with a party indemnified by an insurance company. This provision interacts with private insurance contracts and civil liability regimes.

Privacy, evidence and contempt

Provisions on confidentiality, witness conduct and court communication (Rules 43-50, 56-59, 103-107) interact with evidence law, privilege rules and contempt jurisdiction. For example, ex parte disclosure duties (Rule 24) intersect directly with legal professional privilege and privilege waiver practices.

International and interstate regulation

The Rules refer to senior counsel appointments in other states and territories as part of definitions (definition “Senior Counsel”), and Rule 87A addresses appearances before courts of which the barrister was formerly a member, including appeals structure exceptions for the Federal Court. Those cross-references recognise the mobility of practitioners and the interstate/intrastate judicial hierarchy.

In short, the Rules operate as a profession-specific overlay that both references and relies upon existing federal and common law structures: bankruptcy and corporate disqualification regimes, family law exclusions for speculative fees, prosecutorial disclosure obligations consistent with criminal procedure and evidence law, and the Supreme Court’s supervisory jurisdiction. Practitioners must therefore navigate overlapping statutory duties, court practice rules and these professional Rules.

The instrument header and text provide a limited but concrete amendment trail limited to the present instrument and the instrument it replaces.

2026 instrument

The Legal Profession (Barristers) Rules 2026 are made by the Council of the ACT Bar Association and commence the day after notification (instrument header; Rules 1-3). The instrument was signed by the President for the Bar Association on 15 January 2026 (instrument footer).
Rule 4 explicitly revokes the Legal Profession (Barristers) Rules 2021 [SL2021-5]. The 2026 instrument is therefore a repeal-and-replace instrument rather than a minor amendment.

Deletions and structural changes

Numerous provisions in the text are shown as “Deleted” (for example Rules 45, 114, 118-121, and other numerals with “Deleted” or “120.1 - 121.3 Deleted” markings). The presence of those deletions indicates prior provisions were removed in this instrument. The instrument does not include a schedule of what those prior provisions said nor an explanatory memorandum in the provided text, so the content and policy implications of those deletions must be inferred only from the present text’s coverage and remaining rules.

Delegated authority changes

The Rules confirm the Bar Council’s authority to make these rules (Rule 3) and to approve reading programs, CPD programmes and specialisation notices (Rules 112.3, 113, 117). Any future amendments would be made under the same enabling statutory provision (s 579 of the Legal Profession Act 2006).

Lack of transitional or grandfathering provisions in the provided text

The Rules as provided do not include explicit transitional provisions dealing with how ongoing matters under the 2021 Rules are to be treated. The instrument header only states commencement the day after notification and revocation of 2021 Rules. Practitioners should therefore assume the 2026 Rules apply on and after commencement, subject to any separate transitional directions that the Bar Council or the Attorney-General’s office might publish elsewhere.

No recorded prior amendment log in the text

The provided material does not include an amendment schedule or explanatory materials that accompanied the 2026 Rules. The only explicit historical action is the revocation of the 2021 Rules (Rule 4). Any additional amendment history (other years, prior rule versions or consultation materials) is not included in the supplied text.

Administrative tools remain in place

The Bar Council retains administrative authority to make decisions under the Rules (Rule 3) and to apply discretion in approving exceptions (Rule 88) and managing reading programme matters (Rules 112.2-112.3). Future amendments may therefore be effected by the Bar Council in the manner stipulated under the Legal Profession Act and any subordinate instrument-making procedures.

In summary, the text provides a snapshot: the 2026 Rules are a revocation and replacement of the 2021 Rules. Many prior provisions were deleted, several substantive new or retained provisions (cab-rank, barristers’ work, confidentiality, disclosure obligations) remain. No further chronological amendment history is present in the provided material.

The Rules provided contain no case law, no decisions or annotated judicial interpretations of their terms, and no recorded litigation history. There are no named judicial authorities, no citations to cases, nor any indication of past court rulings that interpret these particular Rules within the supplied text.

What the Rules do record about judicial processes and discipline

Rule 9 explicitly recognises the Supreme Court’s inherent disciplinary jurisdiction and the general law for standards and sanctions. This implies that future litigation or disciplinary proceedings arising from alleged breaches of these Rules would be handled via the Supreme Court or existing statutory disciplinary frameworks, but the Rules do not identify any precedent or past litigation.

Implication for practitioners and researchers

Because the Rules lack in-text litigation history, reliance on interpretation will fall to:
- subsequent judicial decisions applying or construing these 2026 Rules in disciplinary or contempt proceedings;
- Bar Council decisions under the published complaint and report processes (for discrimination, harassment and bullying per Rule 122.4); and
- administrative determinations in response to disclosures under Rule 115A.

No published cases are named or relied upon in the text, so any legal argument about application, e.g. the scope of cab-rank exceptions (Rules 87-91) or the interaction of Rule 24A (privilege waiver in ex parte applications) with privilege doctrine, must await judicial interpretation. Practitioners should therefore monitor Supreme Court decisions and Bar Council determinations for emerging interpretations.

Areas likely to generate litigation or disciplinary attention (based on content)

Application of the cab-rank principle and its exceptions: disputes over when a barrister is permitted or must refuse a brief under Rules 85-91.
Confidentiality and conflicts: cases arising from alleged misuse of confidential information (Rules 103-107) or inadequate conflict checks leading to disclosure disputes (Rules 108-111).
Direct access and consumer information: where a direct-access client claims inadequate disclosure under Rule 115.2.
Prosecutorial disclosure obligations: claims or appeals premised on alleged non-disclosure of relevant material (Rules 66-66B).
Returning briefs and speculative fee agreements: disputes concerning whether return of briefs under Rules 93-101 (including in the context of speculative fee arrangements) was lawful and reasonable.

Because the Rules expressly preserve the Supreme Court’s disciplinary and contempt jurisdiction (Rule 9), the Court will be the primary forum for testing legal boundaries and producing case law on their application.

The Rules embed a number of specific practical pitfalls and traps for practitioners, arising from timing obligations, narrow prohibitions, definitions and administrative duties. Below are the notable “gotchas”, with rule references and practical implications.

Sole practitioner requirement and limits on business structures (Rule 81)

Rule 81 requires barristers to be sole practitioners and prohibits practice in partnership, being an employer of practicing legal practitioners, or being an employee. Exception for shareholding only in a listed incorporated legal practice (Rule 81(d). Practical effect: barristers cannot lawfully accept remuneration arrangements or employment models that create a standard law-firm partnership or employment; attempting to do so risks breach and investigation. The listed public company exception is narrow and will rarely allow ordinary private firms to include barristers as partners or employees.

Prohibition on non-barrister activities (Rule 75)

Rule 75 lists many actions a barrister must not do (acting as general agent, holding client funds, conducting contentious correspondence in the barrister’s name, conveyancing, trust administration, obtaining probate, company incorporation, tax returns unless properly accredited). These activities are commonly provided by solicitors and some mixed-practice firms; barristers who take direct-access instruction must ensure they do not cross these lines. The limited exceptions in Rule 76 and Rule 77 are narrow (e.g. work on one’s own behalf or for family without fee).

Direct access disclosures , timing and content (Rule 115.2)

A barrister who accepts direct instructions must provide specific written information before acceptance (Rule 115.2): effect of Rules 74 and 75, possibility of needing an instructing solicitor at short notice, other disadvantages and a comparative assessment of capacity. Failure to give that pre-engagement disclosure could expose the barrister to disciplinary complaint or to client claims.

Disclosable event reporting windows (Rule 115A)

The 28-day reporting window for disclosable events (Rule 115A) and 14-day further information window are strict. Late notification or incomplete responses risk administrative consequences; the Rules do not specify penalties, but the Bar Council will assess suitability and may take action under its complaint processes.

Cab-rank exceptions are specific and technical (Rules 87-91)

Mandatory refusal grounds in Rule 87 are numerous and include confidentiality concerns (87(a)), potential to be a witness (87(c)), personal professional conduct being attacked (87(e)), financial interest in the outcome (87(f)), and appearing before a court of recent former membership (87A), among others. Equally, barristers must not evade the cab-rank principle by setting an artificially high fee (Rule 86). Misreading these exceptions can lead a barrister wrongly to accept or refuse briefs.

Returning briefs , exceptional timing required (Rules 93-101)

Rules about returning briefs demand timely action and specific factual thresholds. For example, returning a brief in a serious criminal charge is permitted only in exceptional and compelling circumstances and only where a replacement can be obtained in time (Rule 93). Returning a brief accepted under a Speculative Fee Agreement has precise conditions (Rule 99A, 100) and a statutory ban applies in criminal and family law parenting proceedings (Rule 99B). Failure to comply with these procedural limitations may be treated as misconduct.

Privilege waiver and ex parte applications (Rules 24 and 24A)

A barrister seeking ex parte interlocutory relief must disclose matters the barrister knows that would support the opponent’s case unless privileged (Rule 24). Where privilege may apply the barrister must seek a waiver (Rule 24A), and if the client refuses the waiver the barrister must inform the client of consequences and inform the court the barrister cannot assure full disclosure. This creates a precise and delicate sequence of client instruction-seeking, privilege waiver request, and court notification; omissions can be professionally perilous.

Confidentiality and multi-client briefs (Rules 103-111)

The duty not to disclose confidential information extends to returning briefs where the barrister’s possession of confidential material for another party could assist a prospective client (Rule 87(a), Rule 107). Barristers who undertake work as readers or under devilling arrangements must ensure readers are reminded of confidentiality (Rule 105). Failing to implement document and access controls can create immediate disqualification grounds.

Prosecutorial disclosure and witness-calling obligations (Rules 66-66B, 67)

Prosecutors (and counsel assisting investigatory bodies) must disclose materially relevant evidence and call necessary witnesses. Determining when non-disclosure is justified (Rule 66(a)-(b)) or when witness testimony need not be called (Rule 66B exceptions (e)-(g)) requires careful judgment. Mistakes can lead to appeals or review.

Advertising, specialisation and the Bar Council’s approval (Rules 116-117)

A barrister can advertise and represent themselves as a specialist, but only after two years’ extensive experience, two months’ notice to the Bar Council and without Bar Council disapproval (Rule 117). Advertising that is misleading or otherwise brings the profession into disrepute is forbidden (Rule 116.2). The two-month notice timing generates an administrative step that must be observed.

Government employment carve-out (Rule 14)

Barristers employed by government who are accepted by Bar Council as members are not bound by a large swathe of the Rules (Rules 74-92, Rule 115, Rule 121) while acting pursuant to that employment. Practitioners employed by government must confirm the carve-out applies and be mindful that the exemption is conditioned on Bar Council acceptance and the scope of the employment activity.

Complaint processes for discrimination and harassment (Rule 122.4)

The Rules require Bar Council-approved complaint/reporting processes that will be published. Practitioners should not assume ad hoc handling: the Bar Council’s processes will govern investigation and remedy, and non-compliance with these internal procedures may affect outcomes.

No express sanctions in Rules (Rule 9)

Because the Rules do not set explicit penalties, practitioners may misread the absence of a sanction as absence of consequence. Rule 9 emphasises that the Supreme Court’s inherent powers and general law remain applicable; non-compliance can therefore lead to court-imposed sanctions, not only internal Bar Council measures.

Speculative Fee Agreements , limited and conditional (Rules 99A, 100, 99B)

Speculative fee arrangements are permitted but tightly constrained. Return of briefs under such agreements requires specific conditions (Rule 99A) and they are excluded in criminal proceedings and parenting matters under the Family Law Act (Rule 99B). Practitioners who attempt contingent-fee structures must ensure the matter is not excluded by Rule 99B and must observe the client disclosure and consent procedures described.

These “gotchas” are operational and legal traps that must be addressed in firms’ compliance manuals and individual barristers’ practices.

Compliance with the Rules requires administrative systems, documented processes, and training. Below are practical compliance steps tied to specific Rule references.

Governance and reporting framework

Designate an internal compliance lead or liaison with the Bar Association Secretary to receive and action correspondence and disclosure requests (Rule 115A). Implement a calendar and notification system to ensure disclosable events are reported within 28 days and that responses to Secretary requests are provided within 14 days.

Client intake and direct access procedures

For direct client intake, prepare a written disclosure template that satisfies Rule 115.2 and have it provided and signed by every direct-access client before acceptance. The template must explain Rules 74 and 75 (limits on barrister work), the possibility of needing an instructing solicitor, any disadvantages of direct access, and a comparison of the barrister’s capacity versus a combination of barrister plus solicitor (Rule 115.2).
Establish triage to determine whether a matter requires a solicitor (Rule 87(j), Rule 91(f)). If circumstances likely require instructing solicitors (e.g. complex documentary or interlocutory work), secure solicitor involvement early.

Conflict and confidentiality systems

Implement a conflicts check at intake and on an ongoing basis. Maintain a conflicts database capturing current and past briefs, clients and confidential matters. Where a barrister discovers confidential information that may assist a prospective client, follow Rule 107: return the brief unless consent from the person entitled to confidentiality is obtained.
Institute strict document, email and room access controls for readers and any staff to ensure compliance with Rules 103-106. Provide mandatory confidentiality briefings to readers (Rule 105-106).

Cab-rank and brief handling policies

Adopt a written policy mapping Rule 85 cab-rank obligations and Rule 87 mandatory and Rule 91 permissive refusal grounds. Include guidance to avoid setting unacceptable fees to deter briefs (Rule 86).
For returning briefs, implement notice templates and timing checklists to ensure brief returns are done in time to permit replacement counsel per Rules 93-99 and 97.

Ex parte and privilege handling

Create a privilege waiver workflow for ex parte applications (Rule 24 and 24A): identify privileged matters, seek client waivers where appropriate, document client refusals and the barrister’s communications to the court explaining incomplete disclosure when waivers are refused.

Advocacy and courtroom conduct

Maintain written guidance and training reflecting Rules 21-31 and 41-50: prohibitions on misleading statements, correction obligations, duties to inform court of binding authority (Rule 25), limits on witness coaching, and rules for conferring with witnesses under cross-examination (Rule 48).
For prosecutors, develop checklists on disclosure obligations and witness-calling decisions (Rules 62-66B, 67).

Business structure and service scope

Ensure corporate and tax arrangements do not conflict with Rule 81. Do not enter partnerships or hire practising legal practitioners in a way that creates employment of legal practice. If considering shareholding in an incorporated legal practice, confirm the entity is a listed public company consistent with Rule 81(d).

Advertising, specialisation and CPD

Prepare advertising review templates to ensure all marketing complies with Rule 116.2. If holding out as a specialist, follow Rule 117: confirm at least two years’ extensive experience, provide two months’ notice to Bar Council, and maintain documentation of the Bar Council’s approval or non-disapproval.
Keep records of CPD activities to prove compliance with Rule 113 and maintain copies of Bar Council CPD requirements.

Reading and tutor compliance

For readers, maintain signed reading program agreements and track completion against the reading period (Rule 112.1). Tutors and readers should know they may seek guidance or direction from the Bar Council and must comply with any Bar Council directions (Rules 112.2-112.3).

Workplace behaviour and complaint processes

Adopt and publish anti-discrimination, anti-harassment and anti-bullying policies consistent with Rules 122.1-122.3. Implement internal reporting mechanisms aligned with the Bar Council’s published processes (Rule 122.4) and provide training to all staff, readers and tutors.

Documentation and record-keeping

Keep contemporaneous records of client advice, forensic judgment rationales (to demonstrate independence under Rule 18-20), communications with courts and opponents (Rules 21-30, 51-58), and instructions sought and obtained (Rule 24A). These records will be crucial if complaints or inquiries arise.

Insurance and indemnity checks

When dealing directly with insured parties or where insurers are involved, follow the special conditions in Rule 55: ensure informed handling where insured parties are unrepresented or represented elsewhere and take precautions to avoid unfairness.

Periodic policy reviews and Bar Council liaison

Appoint someone to monitor the Bar Council’s publications and guidance (reading program directions, CPD updates, published complaint processes) and to implement changes promptly (Rules 112.3, 113, 122.4). Maintain a working relationship with the Bar Council Secretary for disclosures (Rule 115A).

Templates and forms

Prepare templates for: (a) direct-access disclosure (Rule 115.2); (b) disclosable event reporting (Rule 115A); (c) brief acceptance and return notices (Rules 85-102); (d) ex parte privilege waiver requests and court notifications (Rule 24A); and (e) advertising copy review (Rule 116).

Seek Bar Council guidance where needed

When facing uncertainty about privileged information, conflicts, accepting briefs where Rule 87(e) or 101 issues arise, seek Senior Counsel approval or President/Bar Council guidance as authorised by Rule 88 and 101(b).

Implementing these steps will reduce exposure to inadvertent Rule breaches, facilitate timely reporting and communication, and produce an auditable compliance trail to assist both administrative and judicial inquiries should they occur.

Legal Profession (Barristers) Rules 2026

Plain English Summary

Deep Dive

What it does

Current sections

Legal Profession (Barristers) Rules 2026

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply