Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
3. Definitions for Act
PART 2--LAW SOCIETY
4. Incorporation of law society
PART 3--HER MAJESTY'S COUNSEL
5. Existing appointments
6. Abrogation of royal prerogative
PART 5--ADMISSION BOARD
7. Admission board
8. Vacation of the office of members of admission board
9. Meetings of admission board
10. Legal protection for members
PART 6--ADMISSION OR ENROLMENT OF LEGAL PRACTITIONERS
11. Application for admission or enrolment
12. Enrolment of persons entitled to registration under Mutual Recognition
13. Copies of applications to admission board and law society
14. Report by admission board—other cases
15. Response to applications by law society
16A. Enrolment of practitioners under Mutual Recognition Act or Trans-Tasman Mutual Recognition
16B. Admission or entitlement to enrolment or registration
16C. Roll of legal practitioners
16D. Entry of names on roll
17. Oath or affirmation
18. Rules of court about enrolment
19. Signing roll
20. Right to practise
PART 7--SOLICITORS' PRACTISING CERTIFICATES
Division 7.1--Preliminary
21. Meaning of public employment
Division 7.2--Requirement
22. Practising certificates required
Division 7.3--Application
23. Restrictions on persons who may apply
24. Applications for practising certificates
Division 7.4--Issue
25. Issuing authority
26. Issue of certificates—generally
27. Issue of unrestricted practising certificates
28. Issue of restricted practising certificates
29. Issue of practising certificates to practitioners enrolled under Mutual Recognition
30. Notice of refusal to issue practising certificates
31. Powers of court relating to issue of practising certificates
32. Application to court by person not qualified under s 27 (1)
33. Issue of certificates conditionally or unconditionally
34. Powers of court relating to conditions on practising certificates
Division 7.5--Surrender
35. Surrender of practising certificates
Division 7.6--Suspension and cancellation
36. Suspension
36A. Cancellation
36B. Notice of cancellation or suspension
36C. Delivery of cancelled certificate to law society etc
36D. Powers of court relating to cancellation or suspension of practising
Division 7.7--Miscellaneous
36E. Fees for practising certificates
36F. Date of effect and term of practising certificates
36G. Register of holders of practising certificates
36H. Notice of change of circumstances
PART 8--DISCIPLINE
Division 8.1--Preliminary
37. Definitions for pt 8
Division 8.2--Professional conduct board
38. Establishment and membership
39. Payment of remuneration and allowances
40. Secretary to professional conduct board
41. Removal of member of professional conduct board
42. Meetings
Division 8.3--Conciliation
43. Convening of conference
44. Presence at conference
45. Confidentiality
46. Resolution by agreement
47. Failure to reach agreement
48. Failure to attend conference
49. Agreement no bar
Division 8.4--Complaints
50. Complaints
Division 8.5--Inquiries
51. Inquiries
52. Professional conduct board to fix date and notify persons concerned
53. Procedure
54. Summons to witness
55. Power to examine on oath etc
56. Record of proceedings at inquiry
57. Witnesses at inquiries
58. Disciplinary powers of board
59. Power of board on inquiry about conduct of employee
60. Dismissal of complaint
61. Costs
62. Professional conduct board may report to court
63. Protection of member of professional conduct board
64. Fees and allowances to witnesses
65. Professional conduct board may inspect books etc
66. Publication of board's proceedings
Division 8.6--Proceedings before Supreme Court
67. Disciplinary powers of court
68. Costs
69. Appeal against decision of professional conduct board
70. Admission of evidence before board
71. Suspension from practice
72. Removal from roll of legal practitioners
73. Other jurisdiction and power of court not affected
Division 8.7--General
74. Failure to comply with, or contravention of, certain laws etc
PART 9--PROFESSIONAL INDEMNITY INSURANCE
75. Definitions for pt 9
76. Approval of indemnity insurance
77. Indemnity insurance taken to be approved
78. Maintenance of indemnity insurance
79. Agreements and arrangements relating to provision of insurance
80. Furnishing of information
PART 10--INDEMNITY FUNDS
82. Meaning of indemnity fund
83. Approval of funds
PART 11--TRUST MONEYS AND CONTROLLED MONEYS
Division 11.1--Preliminary
86. Definitions for pt 11
87. Moneys received by solicitor
88. Joint and several responsibility of partners
89. Application of pt 11
Division 11.3--Trust bank accounts
90. Trust accounts
91. Payment into trust bank account
92. Special trust accounts
93. Instructions about certain trust moneys
94. Payments from trust bank accounts
95. Notification to law society of details of trust accounts
96. Protection of trust moneys
97. Provision applying to financial institutions
Division 11.4--Solicitors' records
98. Accounting records
99. Receipts for trust moneys
99A. Records of controlled moneys
99B. Monthly statements relating to trust moneys
100. Statements relating to trust moneys and controlled moneys at end of each
Division 11.5--Audit
101. Audit of trust accounts and controlled moneys
102. Auditors' qualifications
103. Document etc for auditor
104. Auditors' reports
105. Interim auditors' reports
106. Late report by auditor
107. Statutory declaration relating to trust moneys and controlled moneys
108. Secrecy
109. Legal protection for auditor
Division 11.6--Examination of solicitors' records
110. Appointment of examiner
111. Production of books etc
112. Secrecy
Division 11.7--Investigation of affairs of solicitors
113. Definitions for div 11.7
114. Appointment of investigator
115. Investigator's assistant
116. Obligation to comply with investigator's requirements
117. Obstruction etc of investigator
118. Professional misconduct
119. Report of investigation
120. Costs of investigation
121. Secrecy
Division 11.8--Deposits with law society
122. Interpretation for div 11.8
123. Solicitor to deposit portion of trust moneys with law society
124. Repayment of deposits
125. Obligation to deposit subject to availability of trust funds
126. Variation of notional amount by law society
127. Statutory deposits trust account
128. Statutory interest account
129. Arrangement relating to trust bank account
130. Audit of deposits etc
PART 12--FIDELITY FUND
Division 12.1--General
131. Meaning of solicitor in pt 12
132. Fidelity fund
133. Investment of fund
134. Audit
135. Contributions to fund
Division 12.2--Claims against fidelity fund
136. Definitions for div 12.2
137. Persons who may apply for compensation
138. Calls for claims
139. Time for making applications
140. Manner of making claims
141. Determination of applications
143. Payment of compensation
144. Subrogation
145. Solicitors' claims
146. Interim payments of compensation
Division 12.3--Levies
147. Levies to supplement fund
PART 12A--MORTGAGE PRACTICES AND MANAGED INVESTMENT SCHEMES
Division 12A--.1 Preliminary
147A. Definitions for pt 12A
Division 12A--.2 Mortgage practices
147B. Conduct of mortgage practices
147C. Nomination of practice as Territory regulated mortgage practice
147D. Law society to be notified of Territory regulated mortgages
147E. Solicitor to have fidelity cover for regulated mortgages
147F. Bar on claims against fidelity fund relating to regulated
147G. Notification of insurance arrangements for regulated mortgages
147H. Failure to obtain fidelity insurance for regulated mortgage
Division 12A--.3 Managed investment schemes
147I. Involvement of solicitors in managed investment schemes
147J. Claims against fidelity fund relating to managed investment schemes connected with
147K. Transfer of mortgages to responsible entity
Division 12A--.4 Miscellaneous
147L. Law society may require information about mortgage practices
147M. Indemnity insurance
147N. Approved forms
147O. Regulations and rules relating to pt 12A
PART 13--APPOINTMENT OF RECEIVERS
148. Interpretation for pt 13
149. Appointment of receiver
150. Receiver's powers
151. Notice to financial institution
152. Examination of solicitor and other persons about trust moneys and trust
153. Power of court to order delivery of trust property to receiver
154. Power of receiver to take delivery of property receivable by solicitor after
155. Right of solicitor, partnership or person to apply to court for order in relation to
156. Liens for costs on property held by receiver
157. Receiver to report to court
158. Power of court to give directions
159. Unclaimed moneys
160. Termination of receivership
161. Remuneration of receiver
162. Payments by receiver deemed to be made by solicitor
163. Concealing etc documents
164. Reimbursement of receiver
165. Reimbursement of law society
PART 14--MANAGERS
166. Definitions for pt 14
167. Appointment of manager
168. Management under receivership
169. Solicitor as employee
170. Powers of manager
171. Act of manager is act of solicitor
172. Reimbursement for damages
173. Expenses of management
174. Reports
175. Application of Act to managers
176. Termination of managership—reversion of moneys
PART 15--COSTS
177. Definitions for pt 15
178. No action by solicitor for costs until detailed statement
179. Right to request statement
180. Notice for taxation
181. Form of notice etc
182. Taxation in absence of party
183. Matters to be considered on taxation
184. Costs of taxation
185. Certificate of taxation
186. Review of taxation
187. Stay of proceedings
188. Amount due by legal practitioner recoverable as debt
189. Costs payable by mortgagor or lessee
190. Agreement as to costs
191. Powers of court where contract not fair and reasonable
PART 15A--INTERSTATE LEGAL PRACTITIONERS
Division 15A--.1 Preliminary
191A. Definitions for pt 15A
191B. When does interstate legal practitioner establish office
Division 15A--.2 Legal practice by interstate legal practitioners
191C. Status of interstate legal practitioners
191D. Interstate legal practitioner may practise in this jurisdiction
191E. Notification of establishment of office required
191F. Professional indemnity insurance required if office established
191G. Fidelity fund contributions
Division 15A--.3 Disputes, complaints and inquiries
191H. Interstate legal practitioners
191I. Local legal practitioners
191J. Referral of disputes and disciplinary matters to regulatory authorities in participating
191K. Dealing with matters referred by regulatory authorities in participating
191L. Furnishing information
Division 15A--.4 Miscellaneous
191M. Local practitioners are subject to interstate regulatory
191N. Local legal practitioner receiving trust money interstate
191O. Regulatory authority may exercise powers conferred by corresponding
191P. Fidelity fund claims
PART 15B--FOREIGN LEGAL PRACTITIONERS
Division 15B--.1 Preliminary
191Q. Definitions for pt 15B
191R. Application of pt 15B
Division 15B--.2 Local registration of foreign legal practitioners
191S. Registration requirement
191T. Registration notice
191U. Fee for registration
191V. Entitlement to registration
191W. Conditions
191X. Notification of decision
191Y. Duration of registration and annual fee
191Z. Register
191ZA. Cancellation of registration
191ZB. Appeals
Division 15B--.3 Legal practice
191ZC. Scope of practice
191ZD. Form of practice
191ZE. Professional conduct
191ZF. Discipline
191ZG. Letterhead and other identifying documents
191ZH. Designation
191ZI. Advertising
191ZJ. Employment
191ZK. Indemnity insurance
191ZL. Trust accounts, controlled moneys and fidelity fund contributions
191ZM. Application of provisions to locally registered foreign legal
Division 15B--.4 Miscellaneous
191ZN. Membership of professional association
PART 16--OFFENCES BY UNQUALIFIED PERSONS
192. Holding out as qualified
193. Preparation of documents for reward
194. Preparation of probate etc papers for reward
195. Criminal liability of executive officers
PART 17--MISCELLANEOUS
196. Solicitors not to share receipts with persons not practising as
197. Employment of persons who have ceased to be legal practitioners
198. Permission for employment of certain persons
198A. Review by tribunal
198B. Notification of decisions
199. Immunity from suit
200. Unclaimed moneys
201. Fines to be paid into fidelity fund
202. Regulation-making power
SCHEDULE 1
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