70Engagements to which this Part applies

70  Engagements to which this Part applies

  This Part applies to the engagement of counsel by or on behalf of a Commonwealth entity other than a GBE (an engaging entity), including:

 (a) engagements in respect of litigation; and

 (b) briefs to advise.

Note 1: Litigation is defined in section 4 to include proceedings before courts, tribunals, inquiries, in arbitration and other alternative dispute resolution processes, and the preparation for such proceedings.

Note 2: See section 4 for the definition of counsel, which:

(a) includes a legal practitioner who is engaged as counsel to provide legal services; and

(b) does not include a legal practitioner who is engaged in any other capacity to provide legal services.

 Each jurisdiction has laws limiting who is entitled to engage in legal practice. In some jurisdictions, for instance, a person may be admitted as a barrister and solicitor, and may practise as both. 

 A reference to counsel extends to a legal practitioner who, although not from the bar, is engaged as counsel to conduct or advise on litigation. It does not extend, for example, to a legal practitioner who is engaged to provide advice in their capacity as a solicitor.

 

 

Division 2—Engagement of counsel