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Australian Capital Territory
Legal Profession (Solicitors) Conduct Rules 2025
(No 2)
Subordinate law SL2025-28
made under the
Legal Profession Act 2006, s 580 (Rules for solicitors)
1 Name of instrument
This instrument is the Legal Profession (Solicitors) Conduct Rules 2025 (No 2).
2 Commencement
This instrument commences on 1 January 2026.
3 Making of rules
The Council of the Law Society of the ACT makes the attached Legal Profession (Solicitors)
Conduct Rules 2025 (No 2).
4 Revocation
This instrument revokes the Legal Profession (Solicitors) Conduct Rules 2015 [SL2015-37]
and the Legal Profession (Solicitors) Conduct Rules 2025 [SL2025-24].
Vik Sundar
President for the Law Society of the ACT
8 December 2025
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Legal Profession (Solicitors) Conduct Rules 2025
(No 2)
Subordinate law SL2025-28
made under the
Legal Profession Act 2006, s 580 (Rules for solicitors)
CONTENTS
Introduction....................................................................................................................... 1
Application and interpretation............................................................................... 2
Purpose and effect of the rules ............................................................................ 2
Paramount duty to the court and the administration of justice .............................. 2
Other fundamental ethical duties ......................................................................... 2
Dishonest and disreputable conduct .................................................................... 3
Lien over essential documents… ......................................................................... 9
Legal Profession (Solicitors) Conduct Rules 2025 (No 2) contents 2
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16. Charging for document storage ........................................................................... 9
17. Independence - Avoidance of personal bias......................................................... 9
18. Formality before the court .................................................................................... 9
19. Duty to the court ................................................................................................ 10
20. Delinquent or guilty clients ................................................................................. 11
21. Responsible use of court process and privilege ................................................. 12
22. Communication with opponents .................................................................................. 14
23. Opposition access to witnesses .................................................................................. 14
24. Integrity of evidence – influencing evidence ............................................................... 15
25. Integrity of evidence – two witnesses together ........................................................... 15
26. Communication with witnesses under cross-examination...................................... 16
27. Solicitor as material witness in client’s cases .................................................... 16
28. Public comment during current proceedings ..................................................... 16
29. Prosecutor’s duties ........................................................................................... 16
30. Another solicitor’s or other person’s error ......................................................... 18
31. Inadvertent disclosure ...................................................................................... 18
32. Unfounded allegations ...................................................................................... 19
33. Communication with another solicitor’s client .................................................... 19
34. Dealing with other persons................................................................................ 19
35. Contracting with third parties............................................................................. 20
36. Advertising .................................................................................................. 20
37. Supervision of legal services ............................................................................. 20
38. Returning judicial officers .................................................................................. 20
39. Legal and Non-Legal Services .......................................................................... 20
40. Sharing receipts ................................................................................................ 20
41. Mortgage financing and managed investments ................................................. 21
42. Anti-discrimination and harassment .................................................................. 21
43. Dealing with the Regulatory Authority ............................................................... 21
Glossary of Terms .................................................................................................. 21
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LEGAL PROFESSION (SOLICITORS) CONDUCT RULES 2025 (NO 2)
INTRODUCTION
The Legal Profession Act 2006 (ACT) (LPA) empowers the Law Society of the ACT (Law Society) to make
Rules for or in relation to practice as a solicitor, as an Australian-registered foreign lawyer and for
incorporated legal practices and multi-disciplinary partnerships.
The Rules apply to practitioners who are:
• legal practitioners who hold an unrestricted or restricted practising certificate issued by the Law
Society; or
• legal practitioners who hold an interstate practising certificate that does not restrict the
practitioner to practise only as a barrister; or
• Australian-registered foreign lawyers; or
• legal practitioners in an incorporated legal practice or a multi-disciplinary partnership.
The application of the Rules is not limited to practitioners in private practice but extend to practitioners
employed by corporations and other entities as well as government lawyers who hold practising certificates.
Section 585 of the LPA provides that the Rules are binding on legal practitioners to whom they apply. Failure
to comply with the Rules can amount to unsatisfactory professional conduct or professional misconduct.
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LEGAL PROFESSION (SOLICITORS) CONDUCT RULES 2025 (NO 2)
RULE 1 APPLICATION AND INTERPRETATION
1.1 These Rules apply as the Legal Profession (Solicitors) Conduct Rules under the Legal
Profession Act 2006 (ACT) to solicitors and Australian-registered foreign lawyers acting in the
manner of a solicitor.
1.2 The definitions that apply in these Rules are set out in the glossary.
2 PURPOSE AND EFFECT OF THE RULES
2.1 The purpose of these Rules is to assist solicitors to act ethically and in accordance with the
principles of professional conduct established by the common law and these Rules.
2.2 In considering whether a solicitor has engaged in unsatisfactory professional conduct or
professional misconduct, the Rules apply in addition to the common law.
2.3 A breach of these Rules is capable of constituting unsatisfactory professional conduct or
professional misconduct, and may give rise to disciplinary action by the relevant regulatory
authority.
3 PARAMOUNT DUTY TO THE COURT AND THE ADMINISTRATION OF
JUSTICE
3.1 A solicitor’s duty to the court and the administration of justice is paramount and prevails to the
extent of inconsistency with any other duty.
4 OTHER FUNDAMENTAL ETHICAL DUTIES
4.1 A solicitor must also:
4.1.1 act in the best interests of a client in any matter in which the solicitor acts for the
client;
4.1.2 be honest and courteous in all dealings in the course of legal practice;
4.1.3 deliver legal services competently, diligently and as promptly as reasonably possible;
4.1.4 avoid any compromise to their integrity and professional independence; and
4.1.5 comply with these Rules and the law.
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5.1 A solicitor must not engage in conduct, in the course of legal practice or otherwise, which:
5.1.1 demonstrates that the solicitor is not a fit and proper person to practice law; or
5.1.2 is likely, to a material degree to:
(i) be prejudicial to, or diminish the public confidence in, the administration of justice; or
(ii) bring the profession into disrepute.
6.1 A solicitor who has given an undertaking in the course of legal practice must honour that
undertaking and ensure the timely and effective performance of the undertaking, unless released
by the recipient or by a court of competent jurisdiction.
6.2 A solicitor must not seek from another solicitor, or that solicitor’s employee, associate, or agent,
undertakings in respect of a matter, that would require the co-operation of a third party who is
not party to the undertaking.
7.1 A solicitor must provide clear and timely advice to assist a client to understand relevant legal
issues and to make informed choices about action to be taken during the course of a matter,
consistent with the terms of the engagement.
7.2 A solicitor 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 solicitor 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 matter.
8.1 A solicitor must follow a client’s lawful, proper and competent instructions.
9.1 A solicitor must not disclose any information which is confidential to a client and acquired by
the solicitor during the client’s engagement to any person who is not:
9.1.1 a solicitor who is a partner, principal, director, or employee of the solicitor’s law
practice; or
9.1.2 a barrister or an employee of, or person otherwise engaged by, the solicitor’s law
practice or by an associated entity for the purposes of delivering or administering legal
services in relation to the client,
EXCEPT as permitted in Rule 9.2.
5 STANDARD OF CONDUCT - DISHONEST AND DISREPUTABLE CONDUCT
6 UNDERTAKINGS IN THE COURSE OF LEGAL PRACTICE
7 COMMUNICATION OF ADVICE
8 CLIENT INSTRUCTIONS
9 CONFIDENTIALITY
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9.2 A solicitor may disclose information which is confidential to a client if:
9.2.1 the client expressly or impliedly authorises disclosure;
9.2.2 the solicitor is permitted or is compelled by law to disclose;
9.2.3 the solicitor discloses the information in a confidential setting, for the sole purpose of
obtaining advice in connection with the solicitor’s legal or ethical obligations;
9.2.4 the solicitor discloses the information for the sole purpose of avoiding the probable
commission of a serious criminal offence;
9.2.5 the solicitor discloses the information for the purpose of preventing imminent serious
physical harm to the client or to another person; or
9.2.6 the information is disclosed to the insurer of the solicitor, law practice or associated
entity.
10.1 A solicitor and law practice must avoid conflicts between the duties owed to current and former
clients.
10.2 A solicitor or law practice who or which is in possession of information which is confidential to a
former client where that information might reasonably be concluded to be material to the matter
of another client and detrimental to the interests of the former client if disclosed, must not act for
the current client in that matter UNLESS:
10.2.1 the former client has given informed consent to the disclosure and use of that
information; or
10.2.2 an effective information barrier has been established.
11.1 A solicitor and a law practice must avoid conflicts between the duties owed to two or more current
clients.
Duty of loyalty
11.2 If a solicitor or a law practice seeks to act for two or more clients in the same or related matters
where the clients’ interests are adverse and there is a conflict or potential conflict of the duties
to act in the best interests of each client, the solicitor or law practice must not act, except where
permitted by Rule 11.3, and 11.4.
11.3 Where a solicitor or law practice seeks to act in the circumstances specified in Rule 11.2, the
solicitor or law practice may, subject always to each solicitor discharging their duty to act in the
best interests of their client, only act if each client:
11.3.1 is aware that the solicitor or law practice is also acting for another client; and
11.3.2 has given informed consent to the solicitor or law practice so acting.
Duty of confidentiality
11.4 In addition to Rule 11.3, where a solicitor or a law practice acts for two or more clients in the
same or related matters and the solicitor or law practice is in, or comes into, possession of
information which is confidential to one client (the first client) which might reasonably be
concluded to be material to the other client’s or clients’ matter and detrimental to the interests of
the first client if disclosed, the solicitor and the solicitor’s law practice may not act or continue to
10 CONFLICTS CONCERNING FORMER CLIENTS
11 CONFLICT OF DUTIES CONCERNING CURRENT CLIENTS
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act for the other client or clients unless each client’s informed consent:
11.4.1 permits the disclosure and use of that information for the benefit of the other client or
clients; and
11.4.2 requires the establishment and maintenance at all times of an effective information
barrier to protect the confidential information of each client.
Actual conflict arising between current clients in the course of a matter
11.5 If a solicitor or a law practice acts for more than one client in a matter and, during the course of
the conduct of that matter, an actual conflict arises between the duties owed to two or more of
those clients, the solicitor or law practice may only continue to act for one of those clients (or for
two or more of those clients between whom there is no conflict) in the following exceptional
circumstances:
11.5.1 any client for whom the solicitor or law practice ceases to act has given informed
consent to the solicitor or law practice continuing to act for the remaining clients; and
11.5.2 the duty of confidentiality owned to all of the clients, both those for whom the solicitor
or law practice ceases to act and those for whom the solicitor or law practice continues
to act, is not put at risk.
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11A.1 If a solicitor providing short-term legal assistance services form a reasonable belief that the
solicitor cannot screen for conflicts of interest due to circumstances where it is not reasonably
practicable as the time required to do so may result in a real risk of the client being denied
access to legal assistance, the solicitor must ensure, to the extent reasonably practicable that:
11A.1.1 the solicitor has disclosed the nature of the services to the client; and
11A.1.2 there is no actual or potential conflict between the duties owned to the client and one
or more other clients; and
11A.1.3 the client has given informed consent to the provision of services.
11A.2 A solicitor must not provide, or continue to provide, short-term legal assistance services to a
client if the solicitor:
11A.2.1 is or becomes aware that the interests of the client are adverse to the interests of a
current client of the solicitor or the solicitor’s law practice, or
11A.2.2 is aware that the solicitor has, or while providing the short-term legal assistances
services obtains, confidential information of a current or former client that might
reasonably be concluded to be:
11A.2.2.1 material to the client’s matter; and
11A.2.2.2 detrimental to the current or former client, if disclosed.
11A.3 A solicitor who is a partner, associate, employee, officer or employer in a law practice through
which another solicitor is providing short-term legal assistance services, may act for another
client of the law practice whose interests are adverse to the interests of the client receiving the
services if:
11A.3.1 each client has given informed consent; and
11A.3.2 measures are in place to ensure confidential information will not be disclosed.
11A.4 This Rule prevails over Rules 10 and 11 to the extent of any inconsistency.
11A.5 In this Rule:
short-term legal assistance services means services offered by a solicitor to a client,
whether through a legal assistance provider or on a pro bono basis, with the expectation by the
solicitor and the client that the solicitor will not provide continuing legal advice or representation
in the matter.
12.1 A solicitor must not act for a client where there is a conflict between the duty to serve the best
interests of a client and the interests of the solicitor or an associate of the solicitor, except as
permitted by this Rule.
12.2 A solicitor must not do anything:
12.2.1 calculated to influence a client or a third party to confer on the solicitor, either directly
or indirectly, any benefit in excess of the solicitor’s fair and reasonable remuneration
12 CONFLICT CONCERNING A SOLICITOR’S OWN INTERESTS
11A SHORT-TERM LEGAL ASSISTANCE SERVICES
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for legal services provided to the client, or
12.2.2 that the solicitor knows or ought reasonably to anticipate, is likely to induce the client
or third party to confer such a benefit and is not reasonable incidental to the
performance of the retainer.
12.3 A solicitor must not borrow any money, nor assist an associate to borrow money, from:
12.3.1 a client of the solicitor or of the solicitor’s law practice; or
12.3.2 a former client of the solicitor or of the solicitor’s law practice who has indicated a
continuing reliance upon the advice of the solicitor or of the solicitor’s law practice in
relation to the investment of money,
UNLESS the client is:
(i) an Authorised Deposit-taking Institution;
(ii) a trustee company;
(iii) the responsible entity of a managed investment scheme registered under Chapter 5C
of the Corporations Act 2001 (Cth) or a custodian for such a scheme;
(iv) an associate of the solicitor and the solicitor is able to discharge the onus of proving
that a full written disclosure was made to the client and that the client’s interests are
protected in the circumstances, whether by legal representation or otherwise; or
(v) the employer of the solicitor.
12.4 A solicitor will not have breached this Rule merely by:
12.4.1 drawing a Will appointing the solicitor or an associate of the solicitor as executor,
provided the solicitor informs the client in writing before the Will is signed:
(i) of any entitlement of the solicitor, or the solicitor’s law practice or associate,
to claim executor’s commission;
(ii) of the inclusion in the Will of any provision entitling the solicitor, or the
solicitor’s law practice or associate, to charge legal costs in relation to the
administration of the estate; and
(iii) if the solicitor or the solicitor’s law practice or associate has an entitlement
to claim commission, that the client could appoint as executor a person who
might make no claim for executor’s commission.
12.4.2 drawing a Will or other instrument under which the solicitor (or the solicitor’s law
practice or associate) will or may receive a substantial benefit other than any proper
entitlement to executor’s commission and proper fees, provided the person instructing
the solicitor is either:
(i) a member of the solicitor’s immediate family;
(ii) a member of the immediate family of the solicitor’s spouse, or
(iii) a solicitor, or a member of the immediate family of a solicitor, who is a
partner, employer, or employee, of the solicitor.
12.4.3 receiving a financial benefit from a third party in relation to any dealing where the
solicitor represents a client, or from another service provider to whom a client has been
referred by the solicitor, provided the solicitor advises the client:
(i) that a commission or benefit is or may be payable to the solicitor in respect
of the dealing or referral and the nature of that commission or benefit;
(ii) that the client may refuse any referral, and the client has given informed
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consent to
the commission or benefit received or which may be received.
12.4.4 acting for a client in any dealing in which a financial benefit may be payable to a third
party for referring the client, provided the solicitor has first disclosed the payment or
financial benefit to the client.
13.1 A solicitor with designated responsibility for a client’s matter must ensure completion of the
legal services for that matter UNLESS:
13.1.1 the client has otherwise agreed;
13.1.2 the law practice is discharged from the engagement by the client;
13.1.3 the law practice terminates the engagement for just cause and on reasonable notice;
or
13.1.4 the engagement comes to an end by operation of law.
13.2 Where a client is required to stand trial for a serious criminal offence, the client’s failure to make
satisfactory arrangements for the payment of costs will not normally justify termination of the
engagement UNLESS the solicitor or law practice has:
13.2.1 served written notice on the client of the solicitor’s intention, a reasonable time before
the date appointed for commencement of the trial or the commencement of the sittings
of the court in which the trial is listed, providing the client at least 7 days to make
satisfactory arrangements for payment of the solicitor’s costs; and
13.2.2 given appropriate notice to the registrar of the court in which the trial is listed to
commence.
13.3 Where a client is legally assisted and the grant of aid is withdrawn or otherwise terminated, a
solicitor or law practice may terminate the engagement by giving reasonable notice in writing to
the client, such that the client has a reasonable opportunity to make other satisfactory
arrangements for payment of costs which would be incurred if the engagement continued.
14.1 A solicitor with designated responsibility for a client’s matter, must ensure that, upon completion
or termination of the law practice’s engagement:
14.1.1 the client or former client; or
14.1.2 another person authorised by the client or former client, is given any client documents,
(or if they are electronic documents copies of those documents), as soon as
reasonably possible when requested to do so by the client, unless there is an effective
lien.
14.2 A solicitor or law practice may destroy client documents after a period of 7 years has elapsed
since the completion or termination of the engagement, except where there are client instructions
or legal obligations to the contrary.
15.1 Notwithstanding Rule 14, when a solicitor claims to exercise a lien for unpaid legal costs over
13 COMPLETION OR TERMINATION OF ENGAGEMENT
14 CLIENT DOCUMENTS
15 LIEN OVER DOCUMENTS
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client documents which are essential to the client’s defence or prosecution of current
proceedings:
15.1.1 if another solicitor is acting for the client, the first solicitor must deliver up the
documents to the second solicitor:
(i) if the second solicitor undertakes to hold the documents subject to the lien;
and maintains reasonable security for the unpaid costs; or
(ii) if the first solicitor agrees to the second solicitor agreeing to pay, or entering
into an agreement with the client to procure payment of, the first solicitor’s
costs upon completion of the relevant proceedings; or
15.1.2 alternatively, the solicitor, upon receiving reasonable security for the unpaid costs,
must deliver the documents to the client.
16.1 A solicitor must not charge:
16.1.1 for the storage (either physical, electronic or otherwise) of documents, files or other
property on behalf of clients or former clients of the solicitor or law practice (or
predecessors in practice); or
16.1.2 for retrieval from storage of those documents, files or other property,
UNLESS the client or former client has consented to such charge being made.
17.1 A solicitor representing a client in a matter that is before the court must not act as the mere
mouthpiece of the client or of the instructing solicitor (if any) and must exercise the forensic
judgments called for during the case independently, after the appropriate consideration of the
client’s and the instructing solicitor’s instructions where applicable.
17.2 A solicitor does not breach the solicitor's duty to the client, and will not have failed to give
appropriate consideration to the client's or the instructing solicitor's instructions, simply by
choosing, contrary to those instructions, to exercise the forensic judgments called for during the
case so as to:
17.2.1 confine any hearing to those issues which the solicitor believes to be the real issues;
17.2.2 present the client's case as quickly and simply as may be consistent with its robust
advancement; or
17.2.3 inform the court of any persuasive authority against the client's case.
17.3 A solicitor must not make submissions or express views to a court on any material evidence or
issue in the case in terms which convey or appear to convey the solicitor's personal opinion on
the merits of that evidence or issue.
17.4 A solicitor must not become the surety for the client's bail.
18.1 A solicitor must not, in the presence of any of the parties or solicitors, deal with a court on
terms of informal personal familiarity which may reasonably give the appearance that the
solicitor has special favour with the court.
16 CHARGING FOR DOCUMENT STORAGE
17 INDEPENDENCE – AVOIDANCE OF PERSONAL BIAS
18 FORMALITY BEFORE THE COURT
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19.1 A solicitor must not deceive or knowingly or recklessly mislead the court.
19.2 A solicitor must take all necessary steps to correct any misleading statement made by the
solicitor to a court as soon as possible after the solicitor becomes aware that the statement was
misleading.
19.3 A solicitor will not have made a misleading statement to a court simply by failing to correct an
error in a statement made to the court by the opponent or any other person.
19.4 A solicitor seeking any interlocutory relief in an ex parte application must disclose to the court
all factual or legal matters which:
19.4.1 are within the solicitor’s knowledge;
19.4.2 are not protected by legal professional privilege; and
19.4.3 the solicitor has reasonable grounds to believe would support an argument against
granting the relief or limiting its terms adversely to the client.
19.5 A solicitor who has knowledge of matters which are within Rule 19.4:
19.5.1 must seek instructions for the waiver of legal professional privilege, if the matters are
protected by that privilege, so as to permit the solicitor to disclose those matters under
Rule 19.4; and
19.5.2 if the client does not waive the privilege as sought by the solicitor:
(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 solicitor cannot assure the court that all matters
which should be disclosed have been disclosed to the court.
19.6 A solicitor must, at the appropriate time in the hearing of the case if the court has not yet been
informed of that matter, inform the court of:
19.6.1 any binding authority;
19.6.2 where there is no binding authority, any authority decided by an Australian appellate
court; and
19.6.3 any applicable legislation, known to the solicitor and which the solicitor has
reasonable grounds to believe to be directly in point, against the client's case.
19.7 A solicitor need not inform the court of matters within Rule 19.6 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 solicitor to have
informed the court of such matters in the ordinary course has already arrived or passed.
19.8 A solicitor who becomes aware of matters within Rule 19.6 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:
19.8.1 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
19.8.2 requesting the court to relist 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.
19 DUTY TO THE COURT
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19.9 A solicitor need not inform the court of any matter otherwise within Rule 19.8 which would have
rendered admissible any evidence tendered by the prosecution which the court has ruled
inadmissible without calling on the defence.
19.10 A solicitor 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.
19.11 A solicitor must inform the court of any misapprehension by the court as to the effect of an order
which the court is making, as soon as the solicitor becomes aware of the misapprehension.
19.12 A solicitor must alert the opponent and if necessary inform the court if any express concession
made in the course of a trial in civil proceedings by the opponent about evidence, case-law or
legislation is to the knowledge of the solicitor contrary to the true position and is believed by the
solicitor to have been made by mistake.
20.1 A solicitor who, as a result of information provided by the client or a witness called on behalf of
the client, learns during a hearing or after judgment or the decision is reserved and while it
remains pending, that the client or a witness called on behalf of the client:
20.1.1 has lied in a material particular to the court or has procured another person to lie to
the court;
20.1.2 has falsified or procured another person to falsify in any way a document which has
been tendered; or
20.1.3 has suppressed or procured another person to suppress material evidence upon a
topic where there was a positive duty to make disclosure to the court;
must –
20.1.4 refuse to take any further part in the case unless the client authorises the solicitor to
inform the court of the lie, falsification or suppression and must promptly inform the
court of the lie, falsification or suppression upon the client authorising the solicitor to
do so but otherwise may not inform the court of the lie, falsification or suppression.
20.2 A solicitor whose client in criminal proceedings confesses guilt to the solicitor but maintains a
plea of not guilty:
20.2.1 may, subject to the client accepting the constraints set out in Rules 20.2.2-20.2.8, but
not otherwise, continue to act in the client’s defence,
20.2.2 must not falsely suggest that some other person committed the offence charged;
20.2.3 must not set up an affirmative case inconsistent with the confession;
20.2.4 may ensure that the prosecution is put to proof on its case;
20.2.5 may argue that the evidence as a whole does not prove that the client is guilty of the
offence charged;
20.2.6 may argue that for some reason of law the client is not guilty of the offence charged;
20.2.7 may argue that for another reason not prohibited by Rule 20.2.2 or 20.2.3 the client
should not be convicted of the offence charged; and
20.2.8 must not continue to act if the client insists on giving evidence denying guilt or
requires the making of a statement asserting the client’s innocence.
20 DELINQUENT OR GUILTY CLIENTS
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20.3 A solicitor whose client informs the solicitor that the client intends to disobey a court's order
must:
20.3.1 advise the client against that course and warn the client of its dangers;
20.3.2 not advise the client how to carry out or conceal that course; and
20.3.3 not inform the court or the opponent of the client's intention unless:
(i) the client has authorised the solicitor to do so beforehand; or
(ii) the solicitor believes on reasonable grounds that the client's conduct
constitutes a threat to any person's safety.
21.1 A solicitor must take care to ensure that the solicitor’s advice to invoke the coercive powers of
a court:
21.1.1 is reasonably justified by the material then available to the solicitor;
21.1.2 is appropriate for the robust advancement of the client’s case on its merits;
21.1.3 is not given principally in order to harass or embarrass a person; and
21.1.4 is not given principally in order to gain some collateral advantage for the client or the
solicitor a third party out of court.
21.2 A solicitor must take care to ensure that decisions by the solicitor to make allegations or
suggestions under privilege against any person:
21.2.1 are reasonably justified by the material then available to the solicitor;
21.2.2 are appropriate for the robust advancement of the client’s case on its merits; and
21.2.3 are not made principally in order to harass or embarrass a person.
21.3 A solicitor must not allege any matter of fact in:
21.3.1 any court document settled by the solicitor;
21.3.2 any submission during any hearing;
21.3.3 the course of an opening address; or
21.3.4 the course of a closing address or submission on the evidence,
unless the solicitor believes on reasonable grounds that the factual material already available
provides a proper basis to do so.
21.4 A solicitor must not allege any matter of fact amounting to criminality, fraud or other serious
misconduct against any person unless the solicitor believes on reasonable grounds that:
21.4.1 available material by which the allegation could be supported provides a proper basis
for it; and
21.4.2 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.
21.5 A solicitor must not make a suggestion in cross-examination on credit unless the solicitor
believes on reasonable grounds that acceptance of the suggestion would diminish the credibility
of the evidence of the witness.
21.6 A solicitor may regard the opinion of an instructing solicitor that material which is available to the
instructing solicitor is credible, being material which appears to the solicitor from its nature to
21 RESPONSIBLE USE OF COURT PROCESS AND PRIVILEGE
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support an allegation to which Rules 21.3 and 21.4 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).
21.7 A solicitor who has instructions which justify submissions for the client in mitigation of the client's
criminality which involve allegations of serious misconduct against any other person not able to
answer the allegations in the case must seek to avoid disclosing the other person's identity
directly or indirectly unless the solicitor believes on reasonable grounds that such disclosure is
necessary for the proper conduct of the client’s case.
21.8 Without limiting the generality of Rule 21.2, in proceedings in which an allegation of domestic or
family violence, sexual assault, indecent assault or the commission of an act of indecency is
made and in which the alleged victim gives evidence:
21.8.1 a solicitor must not ask that witness a question or pursue a line of questioning of that
witness which is intended:
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(i) to mislead or confuse the witness; or
(ii) to be unduly annoying, harassing, intimidating, offensive, oppressive,
humiliating or repetitive; and
21.8.2 a solicitor must take into account any particular vulnerability of the witness in the
manner and tone of the questions that the solicitor asks.
21.9 A solicitor does not infringe Rule 21.8 merely because:
21.9.1 the question or questioning challenges the truthfulness of the witness or the
consistency or accuracy of a statement made by the witness, or
21.9.2 the question or questioning requires the witness to give evidence that the witness could
consider to be offensive, distasteful or private.
22.1 A solicitor must not knowingly make a false or misleading statement to an opponent in relation
to the case (including its compromise).
22.2 A solicitor must take all necessary steps to correct any false or misleading statement made by
the solicitor to an opponent as soon as possible after the solicitor becomes aware that the
statement was false or misleading.
22.3 A solicitor will not have made a false or misleading statement to the opponent simply by failing
to correct an error on any matter stated to the solicitor by the opponent.
22.4 A solicitor must not confer or deal with any party represented by or to the knowledge of the
solicitor indemnified by an insurer, unless the party and the insurer have signified willingness to
that course.
22.5 A solicitor must not, outside an ex parte application or a hearing of which an 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:
22.5.1 the court has first communicated with the solicitor in such a way as to require the
solicitor to respond to the court; or
22.5.2 the opponent has consented beforehand to the solicitor communicating with the court
in a specific manner notified to the opponent by the solicitor.
22.6 A solicitor must promptly tell the opponent what passes between the solicitor and a court in a
communication referred to in Rule 22.5.
22.7 A solicitor must not raise any matter with a court in connection with current proceedings on any
occasion to which an opponent has consented under Rule 22.5.2 other than the matters
specifically notified by the solicitor to the opponent when seeking the opponent's consent.
22.8 A solicitor must take steps to inform the opponent as soon as possible after the solicitor 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.
23.1 A solicitor must not take any step to prevent or discourage a prospective witness or a witness
23 OPPOSITION ACCESS TO WITNESS
22 COMMUNICATION WITH OPPONENTS
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from conferring with an opponent or being interviewed by or on behalf of any other person
involved in the proceedings.
23.2 A solicitor does not breach Rule 23.1 simply by:
23.2.1 telling a prospective witness or a witness that he or she need not agree to confer or
to be interviewed, or
23.2.2 advising the prospective witness or the witness about relevant obligations of
confidentiality.
24.1 A solicitor must not:
24.1.1 advise or suggest to a witness that false or misleading evidence should be given nor
condone another person doing so; or
24.1.2 coach a witness by advising what answers the witness should give to questions
which might be asked.
24.2 A solicitor will not have breached Rules 24.1 by:
24.2.1 expressing a general admonition to tell the truth;
24.2.2 questioning and testing in conference the version of evidence to be given by a
prospective witness; or
24.2.3 drawing the witness's attention to inconsistencies or other difficulties with the evidence,
but the solicitor must not encourage the witness to give evidence different from the
evidence which the witness believes to be true.
25.1 A solicitor must not confer with, or condone another solicitor conferring with, more than one lay
witness (including a party or client) at the same time:
25.1.1 about any issue which there are reasonable grounds for the solicitor to believe may
be contentious at a hearing; and
25.1.2 where such conferral could affect evidence to be given by any of those witnesses,
unless the solicitor believes on reasonable grounds that special circumstances require
such a conference.
25.2 A solicitor will not have breached Rule 25.1 by conferring with, or condoning another solicitor
conferring with, more than one client about undertakings to a court, admissions or concessions
of fact, amendments of pleadings or compromise.
24 INTEGRITY OF EVIDENCE – INFLUENCING EVIDENCE
25 INTEGRITY OF EVIDENCE – TWO WITNESSES TOGETHER
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26.1 A solicitor must not confer with any witness (including a party or client) called by the solicitor on
any matter related to the proceedings while that witness remains under cross-examination,
unless:
26.1.1 the cross-examiner has consented beforehand to the solicitor doing so; or
26.1.2 the solicitor:
(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 solicitor's
intention to do so; and
(iii) otherwise does inform the cross-examiner as soon as possible of the solicitor
having done so.
27.1 In a case in which it is known, or becomes apparent, that a solicitor will be required to give
evidence material to the determination of contested issues before the court, the solicitor may not
appear as advocate for the client in the hearing.
27.2 In a case in which it is known, or becomes apparent, that a solicitor will be required to give
evidence material to the determination of contested issues before the court the solicitor, an
associate of the solicitor or a law practice of which the solicitor is a member must not continue
to act for the client if doing so would prejudice the administration of justice.
28.1 A solicitor must not publish or take steps towards the publication of any material concerning
current proceedings which may prejudice a fair trial or the administration of justice.
29.1 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.
29.2 A prosecutor must not press the prosecution's case for a conviction beyond a full and firm
presentation of that case.
29.3 A prosecutor must not, by language or other conduct, seek to inflame or bias the court against
the accused.
29.4 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.
29.5 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
26 COMMUNICATION WITH WITNESSES UNDER CROSS EXAMINATION
27 SOLICITOR AS MATERIAL WITNESS IN CLIENT’S CASE
28 PUBLIC COMMENT DURING CURRENT PROCEEDINGS
29 PROSECUTOR’S DUTIES
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relevant to the guilt or innocence of the accused other than material subject to statutory immunity,
unless the prosecutor believes on reasonable grounds that such disclosure, or full disclosure,
would seriously threaten the integrity of the administration of justice in those proceedings or the
safety of any person.
29.6 A prosecutor who has decided not to disclose material to the opponent under Rule 29.5 must
consider whether:
29.6.1 the charge against the accused to which such material is relevant should be
withdrawn; or
29.6.2 the accused should be faced only with a lesser charge to which such material would
not be so relevant.
29.7 A prosecutor must call as part of the prosecution's case all witnesses:
29.7.1 whose testimony is admissible and necessary for the presentation of all of the
relevant circumstances;
29.7.2 whose testimony provides reasonable grounds for the prosecutor to believe that it
could provide admissible evidence relevant to any matter in issue;
UNLESS:
(i) the opponent consents to the prosecutor not calling a particular witness;
(ii) 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;
(iii) the only matter with respect to which the particular witness can give
admissible evidence goes to establishing a particular point already
adequately established by another witness or other witnesses;
(iv) the prosecutor believes on reasonable grounds that the testimony of a
particular witness is plainly untruthful or is plainly unreliable, or
(v) the prosecutor, having the responsibility of ensuring that the prosecution
case is presented properly and presented with fairness to the accused,
believes on reasonable grounds that the interests of justice would be harmed
if the witness was called as part of the prosecution case, provided that 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
(ii), (iii) or (iv) or (v) together with the grounds on which the prosecutor has
reached that decision, unless the interests of justice would be harmed if those
grounds were revealed to the opponent.
29.8 A prosecutor who has reasonable grounds to believe that certain material available to the
prosecution may have been unlawfully obtained must promptly:
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29.8.1 inform the opponent if the prosecutor intends to use the material; and
29.8.2 make available to the opponent a copy of the material if it is in documentary form.
29.9 A prosecutor must not confer with or interview any accused except in the presence of the
accused's legal representative.
29.10 A prosecutor must not inform the court or an 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.
29.11 A prosecutor who has informed the court of matters within Rule 29.10, 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.
29.12 A prosecutor:
29.12.1 must correct any error made by the opponent in address on sentence;
29.12.2 must inform the court of any relevant authority or legislation bearing on the
appropriate sentence;
29.12.3 must assist the court to avoid appealable error on the issue of sentence; and
29.12.4 may submit that a custodial or non-custodial sentence is appropriate.
29.13 A solicitor who appears as counsel assisting an inquisitorial body such as the Criminal Justice
Commission, the Australian Crime Commission, the Australian Securities and Investments
Commission, the ACCC, a Royal Commission or other statutory tribunal or body having
investigative powers must act in accordance with Rules 29.1, 29.3 and 29.4 as if the body is a
court referred to in those Rules and any person whose conduct is in question before the body is
an accused referred to in Rule 29.
30.1 A solicitor must not take unfair advantage of the obvious error of another solicitor or other person,
if to do so would obtain for a client a benefit which has no supportable foundation in law or fact.
31.1 Unless otherwise permitted or compelled by law, a solicitor to whom material known or
reasonably suspected to be confidential is disclosed by another solicitor, or by some other person
and who is aware that the disclosure was inadvertent must not use the material and must:
31.1.1 return, destroy or delete the material (as appropriate) immediately upon becoming
aware that disclosure was inadvertent; and
31.1.2 notify the other solicitor or the other person of the disclosure and the steps taken to
30 ANOTHER SOLICITOR’S OR OTHER PERSON’S ERROR
31 INADVERTENT DISCLOSURE
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prevent inappropriate misuse of the material.
31.2 A solicitor who reads part or all of the confidential material before becoming aware of its
confidential status must:
31.2.1 not disclose or use the material, unless otherwise permitted or compelled by law,
31.2.2 notify the opposing solicitor or the other person immediately; and
31.2.3 not read any more of the material.
31.3 If a solicitor is instructed by a client to read confidential material received in error, the solicitor
must refuse to do so.
32.1 A solicitor must not make an allegation against another Australian legal practitioner of
unsatisfactory professional conduct or professional misconduct unless the allegation is made
bona fide and the solicitor believes on reasonable grounds that available material by which the
allegation could be supported provides a proper basis for it.
33.1 In representing a client, a solicitor shall not communicate about the subject of the representation
with a person the lawyer knows to be represented by another practitioner unless:
33.1.1 the other practitioner has previously consented;
33.1.2 the solicitor believes on reasonable grounds that:
(i) the circumstances are so urgent as to require the solicitor to do so; and
(ii) the substance of the communication would not be unfair to the opponent's client;
33.1.3 the communication is solely to enquire whether the other party or parties to a matter
are represented and, if so, by whom; or
33.1.4 there is notice of the solicitor’s intention to communicate with the other party or parties,
but the other practitioner has failed, after a reasonable time, to reply and there is a
reasonable basis for proceeding with the communication.
34.1 A solicitor must not in any action or communication associated with representing a client:
34.1.1 Make any statement to another person:
(i) which grossly exceeds the legitimate assertion of the rights or entitlements of
the solicitor’s client; and
(ii) which misleads or intimidates the other person;
34.1.2 threaten the institution of a criminal or disciplinary complaint against the other person
if a civil liability to the solicitor’s client is not satisfied; or
34.1.3 use tactics that go beyond legitimate advocacy and which are primarily designed to
embarrass or frustrate another person.
34.2 In the conduct or promotion of a solicitor’s practice, the solicitor must not seek instructions for
the provision of legal services in a manner likely to oppress or harass a person who, by reason
32 UNFOUNDED ALLEGATIONS
33 COMMUNICATION WITH ANOTHER SOLICITOR’S CLIENT
34 DEALING WITH OTHER PERSONS
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of some recent trauma or injury, or other circumstances, is, or might reasonably be expected to
be, at a significant disadvantage in dealing with the solicitor at the time when the instructions are
sought.
35.1 If a solicitor instructs a third party on behalf of the client, and the solicitor is not intending to accept
personal liability for payment of the third party’s fees, the solicitor must advise the third party in
advance.
36.1 A solicitor or principal of a law practice must ensure that any advertising, marketing, or
promotion in connection with the solicitor or law practice is not:
36.1.1 false;
36.1.2 misleading or deceptive or likely to mislead or deceive;
36.1.3 offensive; or
36.1.4 prohibited by law.
36.2 A solicitor must not convey a false, misleading or deceptive impression of specialist expertise
and must not advertise or authorise advertising in a manner that uses the words “accredited
specialist” or a derivative of those words (including post-nominals), unless the solicitor is a
specialist accredited by the relevant professional association.
37.1 A solicitor with designated responsibility for a matter must exercise reasonable supervision
over solicitors and all other employees engaged in the provision of the legal services for that
matter.
38.1 A solicitor who is a former judicial officer must not appear in:
38.1.1 any court if the solicitor has been a member thereof or presided therein; or
38.1.2 any court from which appeals to any court of which the solicitor was formerly a
member may be made or brought,
for a period of two years after ceasing to hold that office unless permitted by the relevant court.
39.1 Where a solicitor or law practice:
39.1.1 shares an office with, or is otherwise affiliated with an entity or business engaged in
another calling to provide services other than legal services to a client, and,
39.1.2 a client is receiving services concurrently from both the law practice and the other
entity, the solicitor, or law practice, as the case requires must take all reasonable steps
to ensure that the client is clearly informed about the nature and the terms of the
services being provided to the client by the solicitor or law practice, including (if
applicable) that the services provided by the other entity are not provided by the solicitor
35 CONTRACTING WITH THIRD PARTIES
36 ADVERTISING
37 SUPERVISION OF LEGAL SERVICES
38 RETURNING JUDICIAL OFFICERS
39 LEGAL AND NON-LEGAL SERVICES
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or the law practice as legal services.
40.1 A solicitor must not, in relation to the conduct of the solicitor’s practice, or the delivery of legal
services, share, or enter into any arrangement for the sharing of, the receipts arising from, or in
connection with, the provision of legal services by the solicitor, with:
40.1.1 any disqualified person; or
40.1.2 any person:
(i) who has been found guilty of an indictable offence; or
(ii) who has had a guilty plea accepted in relation to an indictable offence that
involved dishonest conduct, whether or not a conviction was recorded.
41.1 Omitted
42.1 A solicitor must not in the course of, or in connection with, legal practice or their profession,
engage in conduct which constitutes:
42.1.1 discrimination;
42.1.2 sexual harassment;
42.1.3 any other form of harassment, or
42.1.4 workplace bullying.
43.1 Subject only to his or her duty to the client, a solicitor must be timely, open and frank in his
or her dealings with a regulatory authority.
"associate" in reference to a solicitor means:
(a) a principal of the solicitor’s law practice;
(b) a partner, employee, or agent of the solicitor or of the solicitor’s law practice;
(c) a corporation or partnership in which the solicitor has a material beneficial interest;
(d) in the case of the solicitor’s incorporated legal practice, a director, officer, employee or agent of
the incorporated legal practice or of a subsidiary of the incorporated legal practice;
(e) a member of the solicitor's immediate family; or
(f) a member of the immediate family of a partner of the solicitor's law practice or of the immediate
family of a director of the solicitor’s incorporated legal practice or a subsidiary of the incorporated
legal practice.
“associated entity” means an entity that is not part of the law practice but which provides legal or
administrative services to a law practice, including but not limited to:
40 SHARING RECEIPTS
42 ANTI-DISCRIMINATION AND HARRASSMENT
43 DEALING WITH THE REGULATORY AUTHORITY
GLOSSARY OF TERMS
41 MORTGAGE FINANCING AND MANAGED INVESTMENTS
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(a) a service trust or company; or
(b) a partnerships of law practices operating under the same trading name or a name which includes
all or part of the trading name of the law practice.
“Australian legal practitioner” means an Australian lawyer who holds a local practising certificate or
interstate practising certificate.
“Australian practising certificate” means a local practising certificate or an interstate practising
certificate.
“Australian-registered foreign lawyer” means a locally-registered foreign lawyer or an interstate-
registered foreign lawyer.
“Australian roll” means a roll of practitioners maintained by the Supreme Court or under the legal
profession legislation of any Australian jurisdiction.
“Approved Deposit-taking Institution” means an ADI approved under section 250 (Approval of ADIs
for pt 3.1) (of the LPA) by the law society council.
“barrister” means:
(a) a local legal practitioner who holds a current barrister practising certificate; or
(b) an interstate legal practitioner who holds a current interstate practising certificate that entitles
the practitioner to engage in legal practice only as or in the manner of a barrister.
"case" means:
(a) the court proceedings for which the solicitor is engaged; or
(b) the dispute in which the solicitor is advising.
"client" with respect to the solicitor or the solicitor's law practice means a person (not an instructing
solicitor) for whom the solicitor is engaged to provide legal services for a matter.
“client documents” means a document of a client.
"community legal service” means an organisation or body that is a community legal service, a
community legal centre, or a complying community legal centre for the purposes of the legal profession
legislation of a jurisdiction.
"compromise" includes any form of settlement of a case, whether pursuant to a formal offer under the
Rules or procedure of a court, or otherwise.
“corporate solicitor” means an Australian legal practitioner who engages in legal practice only in the
capacity of an in-house lawyer for his or her employer or a related entity.
"costs" includes disbursements.
"court" means:
(a) any body described as such;
(b) any tribunal exercising judicial, or quasi-judicial, functions;
(c) a professional disciplinary tribunal;
(d) an industrial tribunal;
(e) an administrative tribunal;
(f) an investigation or inquiry established or conducted under statute or by a Parliament;
(g) a Royal Commission;
(h) an arbitration or mediation or any other form of dispute resolution.
"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.
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“discrimination” means discrimination that is unlawful under the applicable state, territory or federal anti-
discrimination or human rights legislation.
"disqualified person" means any of the following persons whether the thing that has happened to the
person happened before or after the commencement of this definition:
(a) a person whose name has (whether or not at his or her own request) been removed from an
Australian roll and who has not subsequently been admitted or re-admitted to the legal profession
under legal profession legislation or a corresponding law;
(b) a person whose Australian practising certificate has been suspended or cancelled under legal
profession legislation or a corresponding law and who, because of the cancellation, is not an
Australian legal practitioner or in relation to whom that suspension has not finished;
(c) a person who has been refused a renewal of an Australian practising certificate under legal
profession legislation or a corresponding law, and to whom an Australian practising certificate
has not been granted at a later time;
(d) a person who is the subject of an order under legal professional legislation or a corresponding
law prohibiting a law practice from employing or paying the person in connection with the
relevant practice;
(e) a person who is the subject of an order under legal profession legislation or a corresponding law
prohibiting an Australian legal practitioner from being a partner of the person in a business that
includes the solicitor’s practice; or
(f) a person who is the subject of any order under legal profession legislation or corresponding law,
disqualifying them from managing an incorporated legal practice or from engaging in
partnerships with certain partners who are not Australian legal practitioners.
"document” means any record of information, and includes:
(a) anything on which there is writing, and
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified
to interpret them, and
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else,
and
(d) a map, plan, drawing or photograph,
and a reference to a document includes a reference to –
(e) any part of the document, and
(f) any copy, reproduction or duplicate of the document or any part of the document, and
(g) any part of such a copy, reproduction or duplicate.
"engagement" means the appointment of a solicitor or of a solicitor's law practice to provide legal services
for a matter.
“employee” means a person who is employed or under a contract of service or contract for services in or
by an entity whether or not:
(a) the person works full-time, part-time, or on a temporary or casual basis; or
(b) the person is a law clerk or articled clerk.
“employer” in relation to a corporate solicitor means a person or body (not being another solicitor or a
law practice) who or which employs the solicitor whether or not the person or body pays or contributes to
the solicitor’s salary.
“former client” for the purposes of Rule 10.1, may include a person or entity that has previously instructed:
(a) the solicitor;
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(b) the solicitor’s current law practice;
(c) the solicitor’s former law practice, while the solicitor was at the former law practice;
(d) the former law practice of a partner, co-director or employee of the solicitor, while the partner,
co-director or employee was at the former law practice,
or, has provided confidential information to a solicitor, notwithstanding that the solicitor was not formally
retained and did not render an account.
“harassment” means harassment that is unlawful under the applicable state, territory or federal anti-
discrimination or human rights legislation.
"immediate family" means the spouse (which expression may include a de facto spouse or partner of
the same sex), or a child, grandchild, sibling, parent or grandparent of a solicitor.
"instructing solicitor" means a solicitor or law practice who engages another solicitor to provide legal
services for a client for a matter.
"insurance company" includes any entity, whether statutory or otherwise, which indemnifies persons
against civil claims.
“law practice” means:
(a) an Australian legal practitioner who is a sole solicitor;
(b) a partnership of which the solicitor is a partner;
(c) a multi-disciplinary partnership;
(d) a community legal service;
(e) an unincorporated legal practice; or
(f) an incorporated legal practice.
“legal costs” means amounts that a person has been or may be charged by, or is or may become liable
to pay to, a law practice for the provision of legal services including disbursements but not including
interest.
“legal profession legislation” means a law of a State or Territory that regulates legal practice and the
provision of legal services.
“managed investment scheme” – see the Corporations Act, section 9.
"matter" means any legal service the subject of an engagement or required to be provided by the
solicitor or the solicitor's law practice to fulfill an engagement and includes services provided for:
(a) a case;
(b) a dealing between parties that may affect, create or be related to a right, entitlement or interest
in property of any kind; or
(c) advice on the law.
“multi-disciplinary partnership” means:
(a) a partnership between one or more solicitors and one or more other persons who are not
solicitors, where the business of the partnership includes the provision of legal services in this
jurisdiction as well as other services;
but does not include:
(b) a partnership consisting only of one or more solicitors and one or more Australian-registered
foreign lawyers.
"office” is not limited to physical business premises and includes the media through which a law practice provides
legal services to clients away from a central physical location.
“opponent” means:
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(a) the practitioner appearing for a party opposed to the client of the solicitor in question; or
(b) that party, if the party is unrepresented.
“order” includes a judgment, decision or determination.
“party” includes each one of the persons or corporations who or which is jointly a party to any matter.
“practitioner” means a person or law practice entitled to practise the profession of law.
“principal” of a law practice, means an Australian legal practitioner who is –
(a) for a law practice constituted by a sole practitioner – the sole practitioner; or
(b) for a law practice that is a law firm – a partner in the law practice; or
(c) for a law practice that is an incorporated legal practice – a legal practitioner director in the
practice; or
(d) for a multidisciplinary partnership – a legal practitioner partner in the practice.
“professional misconduct” includes -
(a) unsatisfactory professional conduct of an Australian legal practitioner, if the conduct involves a
substantial or consistent failure to reach or maintain a reasonable standard of competence and
diligence; and
(b) conduct of an Australian legal practitioner whether happening in connection with the practice of
law or happening otherwise than in connection with the practice of law that would, if established,
justify a finding that the practitioner is not a fit and proper person to engage in legal practice.
"prosecutor" means a solicitor who appears for the complainant or Crown in criminal proceedings.
“regulatory authority” means an entity identified in legal profession legislation which has responsibility
for regulating the activities of solicitors in that jurisdiction.
“serious criminal offence” means an offence that is:
(a) an indictable offence against a law of the Commonwealth, a State or a Territory (whether or not
the offence is or may be dealt with summarily);
(b) an offence against a law of a foreign country that would be an indictable offence against a law
of the Commonwealth, a State or Territory if committed in Australia (whether or not the offence
could be dealt with summarily if committed in Australia);
“sexual harassment” means an unwelcome sexual advance, request for sexual favours, or otherwise engaging in
other unwelcome conduct of a sexual nature to the person harassed in circumstances in which a reasonable person,
having regard to all the circumstances, would have anticipated the possibility that the person harassed would be
offended, humiliated or intimidated.
“solicitor” means:
(a) an Australian legal practitioner whose Australian practising certificate is not subject to a condition that the holder
is authorised to engage in legal practice as or in the manner of a barrister only; or
(b) an Australian registered foreign lawyer who practises as or in the manner of a solicitor.
“solicitor with designated responsibility” means the solicitor ultimately responsible for a client’s
matter or the solicitor responsible for supervising the solicitor that has carriage of a client’s matter.
“substantial benefit” means a benefit which has a substantial value relative to the financial resources
and assets of the person intending to bestow the benefit.
“trustee company” is as defined in relevant jurisdictional legislation: the Trustee Companies Act 1964
(NSW), the Trustee Companies Act 1968 (QLD), the Trustee Companies Act 1984 (VIC), the Trustee
Companies Act 1988 (SA), the Trustee Companies Act 1953 (TAS), the Trustee Companies Act 1987 (WA)
and the Trustee Companies Act 1947 (ACT).
“unsatisfactory professional conduct” includes conduct of an Australian legal practitioner happening in
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
connection with the practice of law that falls short of the standard of competence and diligence that a
member of the public is entitled to expect of a reasonably competent Australian legal practitioner.
“workplace bullying” means bullying that is unlawful under the applicable state or territory anti
discrimination or human rights legislation or constitutes bullying at work under Commonwealth legislation.
If no such legislative definition exists, it is conduct within the definition relied upon by the Australian Human
Rights Commission to mean workplace bullying. In general terms it includes the repeated less favourable
treatment of a person by another or others in the workplace, which may be considered unreasonable and
inappropriate workplace practice. It includes behaviour that could be expected to intimidate, offend,
degrade or humiliate.