2) Legal Profession Uniform Law Application Act 2014
2) Legal Profession Uniform Law Application Act 2014
2) Legal Profession Uniform Law Application Act 2014
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No. 17 of 2014
Version incorporating amendments as at
11 October 2023
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
3 Definitions 1
Part 2—Application of Uniform Law 5
Division 1—General application provisions 5
4 Application of Legal Profession Uniform Law 5
5 Exclusion of legislation of this jurisdiction 5
6 Override of Charter of Human Rights and Responsibilities
Act 2006 6
7 Disallowance of Uniform Regulations 6
8 No double jeopardy 8
Division 2—Further application provisions 8
9 Meaning of various terms used in Legal Profession Uniform
Law (Victoria) 8
9A Meaning of law firm 8
10 Designation of local authorities and tribunals 9
11 Declaration of nominated fund and nominated trust authority 13
12 Dealing with unclaimed money 13
13 Approved insurance policy 13
14 Fidelity fund and fidelity authority 14
15 Dispute resolution and professional discipline for lawyers
who are judicial officers in relation to previous conduct 15
16 Referral for costs assessment to be to Costs Court 15
17 Issuing authority for search warrants 15
18 Pecuniary penalties to be paid into Public Purpose Fund 15
18A Part 3 of Schedule 4 applies 15
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Version No. 018
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Act 2014
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Version incorporating amendments as at
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Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to apply the Legal Profession Uniform Law
as a law of Victoria; and
(b) to provide for certain local matters to
complement that Law; and
(c) to repeal the Legal Profession Act 2004;
and
(d) to make transitional arrangements; and
(e) to make consequential amendments to other
Acts.
2 Commencement
This Act comes into operation on a day or days to
be proclaimed.
3 Definitions
(1) In this Act—
advocate member, of the Victorian Legal Services S. 3(1) def. of
advocate
Board—see section 35(3A)(a); member
amended by
No. 10/2022
s. 34(2)(a).
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8 No double jeopardy
If—
(a) an act or omission is an offence against the
Legal Profession Uniform Law (Victoria)
and is also an offence against a law of
another participating jurisdiction; and
(b) the offender has been punished for the
offence under the law of the other
jurisdiction—
the offender is not liable to be punished for the
offence against the Legal Profession Uniform Law
(Victoria).
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35 Appointed members
S. 35(1) (1) The Governor in Council, on the recommendation
substituted by
No. 10/2022 of the Attorney-General, may appoint—
s. 37(1).
(a) a person to be a non-lawyer member of the
Victorian Legal Services Board; or
(b) a person to be a lawyer member of the
Victorian Legal Services Board.
S. 35(2) (2) A person is not eligible to be a non-lawyer
amended by
No. 10/2022 member if the person—
s. 37(2).
(a) is, or has been, an Australian lawyer; or
(b) is eligible for admission to the legal
profession.
S. 35(3) (3) Of the 3 non-lawyer members appointed—
amended by
No. 10/2022
s. 37(3).
(a) at least one must be a person who, in the
Attorney-General's opinion, has experience
in financial or prudential management; and
(b) at least one must be a person who, in the
Attorney-General's opinion, represents the
interests of consumers of legal services.
S. 35(3A) (3A) Of the lawyer members appointed—
inserted by
No. 10/2022
s. 37(4).
(a) one is to be an Australian legal
practitioner—
(i) whose home jurisdiction is Victoria;
and
(ii) who is of not less than 5 years'
standing; and
(iii) who is a barrister (advocate member);
and
(iv) who is selected by the
Attorney-General from a panel of
3 barristers nominated by the Victorian
Bar; and
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37 Acting appointments
(1) The Governor in Council may appoint a person to
act as a member of the Victorian Legal Services
Board—
(a) during a vacancy in the office of member; or
(b) in the place of a member who is absent or
who, for any other reason, is unable to
perform the duties of the office.
S. 37(2) (2) Before a person is appointed to act in the place of
amended by
No. 10/2022 a lawyer member, or during a vacancy in an office
s. 38. of a lawyer member, each local professional
association must be consulted about the
appointment.
(3) An acting appointment is for the term
(not exceeding 4 months in the case of a person to
act in the place of an elected member) specified in
the instrument of appointment.
(4) An acting member—
(a) has all the powers and must perform all the
duties of the member for whom, or the office
in which, he or she is acting; and
(b) is entitled to be paid the remuneration and
allowances that the member would have
been entitled to for performing those duties;
and
(c) is eligible for reappointment.
(5) Section 34 applies to the appointment of an acting
chairperson of the Victorian Legal Services
Board.
(6) The Governor in Council may at any time
terminate an acting appointment.
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S. 44(2)(f) * * * * *
repealed by
No. 10/2022
s. 43.
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46 Annual report
The Victorian Legal Services Board must include
the following information in its report of
operations under Part 7 of the Financial
Management Act 1994 each year—
(a) a list of all delegations by the Victorian
Legal Services Board in force as at the end
of the year, the functions delegated, the date
of the delegation and the name, office or
position of the delegate; and
(b) a list of any delegations that were revoked
during the year and the reasons for their
revocation; and
(c) the number and type of investigations
conducted under Division 4 of Part 4.2 of the
Legal Profession Uniform Law (Victoria)
during the year; and
(d) any other information required by the
Attorney-General.
47 Other reports
(1) The Attorney-General may request the Victorian
Legal Services Board to report to the Attorney-
General, within the reasonable time specified by
the Attorney-General, on any matter relevant to
the performance of the Board's functions or the
achievement of its objectives.
(2) The Victorian Legal Services Board must comply
with a request under subsection (1) within the
specified time.
(3) The Attorney-General must cause a copy of a
report requested by him or her to be laid before
each House of Parliament within 7 sitting days
after receiving the report.
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Part 4—Admission, practising certificates and registration certificates
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Division 4—General
77 Time limit for review applications in relation to
certificates
For the purposes of sections 100(1) and 101(1) of
the Legal Profession Uniform Law (Victoria), an
application for a review by VCAT must be made
within 28 days after the day on which the decision
of the Victorian Legal Services Board is notified
to the applicant.
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88 Approval of clerks
(1) The Victorian Legal Services Board, in S. 88(1)
amended by
accordance with this section, may approve a No. 38/2017
natural person to receive trust money on account s. 55(1).
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(2A) Parts 6.1, 6.2, 6.3 and 6.6 of the Legal Profession S. 89(2A)
Uniform Law (Victoria) apply to, and in relation inserted by
No. 38/2017
to, an approved clerk as if— s. 57.
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clerks.
(2) Rules made under this section may modify the
application of the Uniform Rules to the extent
necessary for the Uniform Rules to apply to
approved clerks.
(2A) Rules made under this section may modify the S. 90(2A)
inserted by
application of the Uniform Rules for the purposes No. 38/2017
of the application of Parts 6.2, 6.3 and 6.6 of the s. 59(2).
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Part 6—Legal costs
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Part 7—Professional indemnity insurance
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Part 8—Fidelity cover
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Part 9—Public Purpose Fund
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Part 9A—Registers and reviews
Pt 9A Div. 1
Division 1—Victorian legal profession register (Heading)
inserted by
No. 60/2016
s. 4.
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(Heading and Division 2—Register of disciplinary action
ss 150A–
150G)
inserted by
No. 60/2016
s. 5.
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Pt 9A Div. 3
Division 3—Reviews of disciplinary action
(Heading and
s. 150H)
inserted by
No. 26/2023
s. 30.
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156 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) prescribing a general fee and a library fee to be
paid before admission to legal practice; and
(b) prescribing fees for Australian practising
certificates; and
(c) prescribing maximum amounts of
contributions and levies for the purposes of
section 131; and
(d) prescribing—
(i) maximum amounts, or the method of
calculating the maximum amounts, that
may be paid from the fidelity fund in
respect of individual claims or classes
of individual claims; and
(ii) the maximum aggregate amount, or the
method of calculating the maximum
aggregate amount, that may be paid
from the fidelity fund in respect of all
claims made in relation to individual
law practices or classes of law
practices; and
(e) prescribing the delegates or classes or
delegates of the Victorian Legal Services
Board; and
(f) prescribing the delegates or classes of
delegates of the Victorian Commissioner;
and
(g) prescribing penalties for contraventions of
the regulations, not exceeding—
(i) 20 penalty units in the case of an
individual; and
(ii) 120 penalty units in any other case; and
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Part 12—Transitional provisions
Note
See Schedule 4 to the Legal Profession Uniform Law
(Victoria) for additional savings and transitional provisions.
(2) If a repealed provision of the old Act continues to S. 163(2)
amended by
apply by force of this Part, the following No. 8/2015
provisions also continue to apply in relation to s. 9.
that provision—
(a) any other repealed provisions of the old Act
necessary to give effect to that provision; and
(b) any regulations made under the old Act for
the purposes of that provision.
* * * * * S. 164
repealed by
No. 17/2014
s. 164(4).
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Division 9—General
180 References to old Act
A reference to the old Act in any Act (other than
this Act or the Legal Profession Uniform Law
(Victoria)) or in any subordinate instrument,
agreement, deed or other document, so far as the
reference relates to any period on or after the
commencement day and if not inconsistent with
the subject-matter, must be construed as—
(a) a reference to the Legal Profession Uniform
Law (Victoria), if the reference relates to a
matter that is dealt with by that Law; or
(b) a reference to this Act, if the reference
relates to a matter that is dealt with by this
Act but not by the Legal Profession Uniform
Law (Victoria).
181 Community legal centres
An organisation that was a community legal
centre (within the meaning of the old Act)
immediately before the commencement day is
taken, on and after that day, to be a community
legal service for the purposes of the Legal
Profession Uniform Law (Victoria) and this Act.
182 Time limits
(1) If the time for doing any act was fixed by or under
the old Act, that time continues to apply on and
after the commencement day in relation to any act
that was required or permitted to be done, and
could have been done, before that day and, unless
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Schedules
Schedules
Schedule 1—Legal Profession Uniform Law
Section 4
CHAPTER 1—PRELIMINARY
PART 1.1—INTRODUCTION
1 Citation
This Law may be cited as the Legal Profession
Uniform Law.
2 Commencement
This Law commences in a jurisdiction as provided
by the Act of that jurisdiction that applies this
Law as a law of that jurisdiction.
3 Objectives
The objectives of this Law are to promote the
administration of justice and an efficient and
effective Australian legal profession, by—
(a) providing and promoting interjurisdictional
consistency in the law applying to the
Australian legal profession; and
(b) ensuring lawyers are competent and maintain
high ethical and professional standards in the
provision of legal services; and
(c) enhancing the protection of clients of law
practices and the protection of the public
generally; and
(d) empowering clients of law practices to make
informed choices about the services they
access and the costs involved; and
(e) promoting regulation of the legal profession
that is efficient, effective, targeted and
proportionate; and
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PART 1.2—INTERPRETATION
6 Definitions
(1) In this Law—
ADI means an authorised deposit-taking
institution within the meaning of the
Banking Act 1959 of the Commonwealth;
admission or admission to the Australian legal
profession means—
(a) admission by the Supreme Court of a
participating jurisdiction as a lawyer
(however expressed), whether before,
on or after the commencement of this
Law in that jurisdiction; or
(b) admission by the Supreme Court of a
non-participating jurisdiction as a
lawyer, a legal practitioner, a barrister,
a solicitor, a barrister and solicitor, or a
solicitor and barrister, whether before,
on or after the commencement of this
Law in any jurisdiction, otherwise than
by the grant or issue of a practising
certificate.
Without limiting the meaning of the terms
admission or admission to the Australian
legal profession, those terms include
readmission;
Admission Rules means the provisions of the
Uniform Rules that are designated as
Admission Rules (see section 420);
Admissions Committee means the Admissions
Committee established under section 402;
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Division 1—Introduction
15 Objective
The objective of this Part is to protect the
administration of justice and the clients of law
practices by providing a system under which
persons are eligible for admission to the
Australian legal profession only if—
(a) they have appropriate academic
qualifications and practical legal training,
whether obtained in Australia or elsewhere;
and
(b) they are fit and proper persons to be
admitted.
Notes
1 Admission does not of itself entitle a person to engage
in legal practice, but is a prerequisite for being able to
apply in this jurisdiction for an Australian practising
certificate, which entitles the holder to engage in legal
practice.
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Division 2—Admission
16 Admission
(1) The Supreme Court of this jurisdiction may admit
an individual aged 18 years or over to the
Australian legal profession as an Australian
lawyer, but only if—
(a) the designated local regulatory authority has
provided the Supreme Court with a
compliance certificate in respect of the
person and the certificate is still in force; and
(b) the person is not already admitted to the
Australian legal profession; and
(c) the person takes an oath of office, or makes
an affirmation of office, in the form required
by the Supreme Court.
(2) Residence in, or any other connection with, this
jurisdiction is not a requirement for admission by
the Supreme Court.
Note
A person may seek admission by the Supreme Court of any
participating jurisdiction, subject to compliance with this
Law and applicable jurisdictional legislation.
(3) Any person may, in accordance with any
applicable rules of court, object to the Supreme
Court to the admission of a particular person.
(4) Nothing in this section is intended to interfere
with the inherent jurisdiction of the Supreme
Court to refuse admission.
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Note
See section 80 for the requirement for the holder of an
Australian practising certificate granted in this jurisdiction
to give a separate notice to a designated local regulatory
authority if the holder's name is removed from the Supreme
Court roll for another jurisdiction.
25 Australian lawyer is officer of Supreme Court
An Australian lawyer is an officer of the Supreme
Court of this jurisdiction for as long as his or her
name remains on the Supreme Court roll for any
jurisdiction.
Division 3—Appeals
26 Right of appeal about compliance certificates
(1) An applicant for a compliance certificate may
appeal to the Supreme Court against the refusal of
the designated local regulatory authority to issue a
compliance certificate.
(2) A person for whom a compliance certificate has
been issued by the designated local regulatory
authority may appeal to the Supreme Court
against the revocation of the compliance
certificate.
(3) A foreign lawyer for whom a compliance
certificate has been issued by the designated local
regulatory authority recommending that the
foreign lawyer be admitted subject to any
conditions referred to in section 20(1) may appeal
to the Supreme Court against the
recommendation.
(4) The Supreme Court may make any order it
considers appropriate on an appeal under this
section.
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Division 4—Miscellaneous
29 Accreditation of law courses and providers of
practical legal training
The designated local regulatory authority may
accredit or reaccredit law courses or providers of
practical legal training in accordance with the
Admission Rules.
__________________
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35 Liability of principals
(1) If a law practice contravenes, whether by act or
omission, any provision of this Law or the
Uniform Rules imposing an obligation on the law
practice, a principal of the law practice is taken to
have contravened the same provision, if—
(a) the principal knowingly authorised or
permitted the contravention; or
(b) the principal was in, or ought reasonably to
have been in, a position to influence the
conduct of the law practice in relation to its
contravention of the provision and failed to
take reasonable steps to prevent the
contravention by the law practice.
(2) A contravention by a principal arising under
subsection (1) is capable of constituting
unsatisfactory professional conduct or
professional misconduct by the principal.
(3) Neither subsection (1) nor (2) affects any liability
of the law practice or any other person for the
contravention.
Note
Section 470 deals with contraventions by partnerships and
other unincorporated bodies.
36 Discharge by legal practitioner associate of
obligations of law practice
(1) A legal practitioner associate of a law practice
may, on behalf of the law practice, discharge any
obligations of the law practice under this Law or
the Uniform Rules.
(2) For the purposes of subsection (1), the relevant
provisions of this Law and the Uniform Rules
apply to the associate in the same way as they
apply to the law practice.
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(3) Subsection (1) does not apply to the extent that the
associate is prevented by the Uniform Rules from
taking an action referred to in that subsection.
(4) This section does not affect any liability of a
principal of the law practice.
37 Involvement of practitioners
Subject to this Law and to the conditions of his or
her Australian practising certificate, an Australian
legal practitioner is not prevented from being a
partner, director, officer or employee of a law
practice merely because of one or more of the
following—
(a) the business of the law practice includes the
provision of both legal services and other
services;
(b) one or more other persons are lay associates
of the law practice;
(c) the practitioner shares receipts, revenue or
other income from the provision of his or her
legal services with the law practice or one or
more lay associates of the law practice.
38 Privileges of practitioners
(1) An Australian legal practitioner who provides
legal services in the capacity of an officer,
director, partner or employee of a law practice, or
in the capacity of a corporate legal practitioner or
government legal practitioner, does not lose the
professional privileges of an Australian legal
practitioner.
(2) The law relating to client legal privilege (or other
legal professional privilege) is not excluded or
otherwise affected because an Australian legal
practitioner is acting in the capacity of an officer,
director, partner or employee of a law practice or
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Division 1—Introduction
42 Objectives
The objectives of this Part are—
(a) to provide a system for the grant and renewal
of Australian practising certificates in this
jurisdiction to eligible and suitable persons
who are already admitted to the Australian
legal profession in any jurisdiction; and
(b) to facilitate the national practice of law by
ensuring that the holders of Australian
practising certificates can engage in legal
practice in this jurisdiction regardless of their
home jurisdiction.
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Note
The grant of practising certificates to New Zealand lawyers
and their entitlement to practise in this jurisdiction are
effected by the operation of the Trans-Tasman Mutual
Recognition Act 1997 of the Commonwealth.
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Division 4—Miscellaneous
55 Alteration or substitution of varied certificate
The designated local regulatory authority may
alter a certificate, or issue a substitute certificate,
to reflect a variation of the certificate under this
Law, but the operation of the variation is not
affected if the designated local regulatory
authority does neither.
Note
A certificate can be issued in tangible or electronic format.
56 Government lawyers
It is intended that jurisdictional legislation may—
(a) exempt persons or classes of persons from
the requirement to hold Australian practising
certificates, either generally or for specified
periods, in respect of their official functions
as government lawyers; and
(b) without limitation, exclude or modify the
operation of specified provisions of this Law
(including provisions of Part 2.2) to the
extent that any of those provisions would
otherwise be applicable to any persons, or
classes of persons, as government lawyers.
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Division 1—Introduction
58 Objective
The objective of this Part is to encourage and
facilitate the internationalisation of legal services
by providing a framework for the regulation of the
practice of foreign law in this jurisdiction by
foreign lawyers as a recognised aspect of legal
practice in this jurisdiction.
59 This Part does not apply to Australian legal
practitioners
This Part does not apply to an Australian legal
practitioner (including an Australian legal
practitioner who is also a foreign lawyer), except
as expressly provided.
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Division 3—Registration
61 Entitlement to practise
(1) An Australian-registered foreign lawyer is entitled
to practise foreign law in this jurisdiction.
(2) That entitlement is subject to any requirements of
this Law and the Uniform Rules and the
conditions of the foreign lawyer's Australian
registration certificate.
62 Grant or renewal of Australian registration
certificates
(1) The designated local regulatory authority may, on
application, grant or renew an Australian
registration certificate in respect of a financial
year.
(2) An Australian registration certificate is subject to
conditions imposed by or under this Law or the
Uniform Rules.
(3) The designated local regulatory authority must
grant an Australian registration certificate to a
person applying for it if the designated local
regulatory authority is satisfied that—
(a) the person is an individual aged 18 years or
over; and
(b) the person is registered or authorised to
engage in legal practice in one or more
foreign countries with an effective system of
legal practice regulation and is not an
Australian legal practitioner; and
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Division 6—Miscellaneous
71 Uniform Rules for foreign lawyers
The Uniform Rules may make provision with
respect to the following—
(a) any aspect of Australian registration
certificates, including their grant and renewal
and the imposition of conditions including
conditions restricting practising entitlements;
(b) without limiting paragraph (a)—
(i) applications for the grant or renewal of
Australian registration certificates,
including the disclosure of matters
relevant to an applicant's eligibility and
suitability for the grant or renewal of
Australian registration certificates; and
(ii) the refusal of applications for
Australian registration certificates; and
(iii) the imposition of conditions on
Australian registration certificates;
(c) the conduct of the practice of foreign law in
Australia by foreign lawyers.
Division 1—Introduction
72 Objectives
The objectives of this Part are—
(a) to provide procedures for the variation,
suspension or cancellation of Australian
practising certificates and Australian
registration certificates; and
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Subdivision 1—Preliminary
85 Show cause events
Show cause events are of 2 kinds, as follows—
(a) automatic show cause events;
(b) designated show cause events.
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Division 5—Miscellaneous
93 Events or matters occurring before admission or
registration
If an event or matter occurred before a person was
first admitted to the Australian legal profession or
first registered as a foreign lawyer, the designated
local regulatory authority may decide to take no
action under this Part in connection with the event
or matter if—
(a) the person disclosed the event or matter to
the designated local regulatory authority in
an application for a compliance certificate or
for a declaration of early assessment of
suitability for a compliance certificate or in
his or her first application for an Australian
registration certificate; or
(b) the designated local regulatory authority is
satisfied that it is appropriate to do so given
the passage of time and any other
circumstances the designated local
regulatory authority considers relevant.
94 Restriction on making further applications
(1) If the designated local regulatory authority refuses
to grant or renew or cancels a certificate under this
Part, the designated local regulatory authority may
also decide that the person concerned is not
entitled to apply for a certificate for a specified
period not exceeding 5 years.
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Division 1—General
102 Application of this Division
This Division applies to a law practice that is an
incorporated legal practice or an unincorporated
legal practice.
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Division 3—Miscellaneous
114 Approval of business structures
The Council may approve—
(a) a corporation, or a kind of corporation, for
the purposes of the definition of
incorporated legal practice in section 6; or
(b) an unincorporated body or group, or a kind
of unincorporated body or group, for the
purposes of the definition of unincorporated
legal practice in section 6.
115 Uniform Rules for incorporated and unincorporated
legal practices
The Uniform Rules may make provision with
respect to any aspect of incorporated legal
practices and unincorporated legal practices, so far
as concerns the provision of legal services or
matters that affect or may affect the provision of
legal services.
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PART 3.9—DISQUALIFICATIONS
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Division 1—Preliminary
127 Objective
The objective of this Part is to ensure that trust
money is held by law practices in a manner that
protects the interests of the persons for whom or
on whose behalf it is held.
128 Definitions
(1) In this Law—
authorised ADI means an ADI authorised to
maintain trust accounts to hold trust money
under section 149;
controlled money means money received or held
by a law practice in respect of which the law
practice has a written direction to deposit the
money in an account (other than a general
trust account) over which the law practice
has or will have exclusive control;
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(3) The law practice must account for the trust money
as required by the Uniform Rules.
Civil penalty: 50 penalty units.
Note
Jurisdictional legislation may provide for disbursement for
the purpose of statutory deposit accounts.
139 Controlled money
(1) As soon as practicable after receiving controlled
money, a law practice must deposit the money in
the account specified in the written direction
relating to the money.
Civil penalty: 50 penalty units.
(2) The law practice must hold controlled money
deposited in a controlled money account in
accordance with subsection (1) exclusively for the
person on whose behalf it was received.
Civil penalty: 50 penalty units.
(3) Subject to a court order or as authorised by law,
the law practice that holds money deposited in a
controlled money account must not disburse the
money except in accordance with—
(a) the written direction relating to the money;
or
(b) a later written direction given by or on behalf
of the person on whose behalf the money
was received.
Civil penalty: 50 penalty units.
(4) The law practice must maintain the controlled
money account, and account for the controlled
money, as required by the Uniform Rules.
Civil penalty: 50 penalty units.
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Division 5—Miscellaneous
167 Unclaimed money
Unclaimed money held in a trust account is to be
dealt with in accordance with—
(a) jurisdictional legislation; or
(b) the Uniform Rules if jurisdictional
legislation so provides.
168 Uniform Rules for trust money and trust accounts
(1) The Uniform Rules may make provision with
respect to any aspect of trust money received by
law practices and trust accounts.
(2) Without limitation, the Uniform Rules may make
provision with respect to the following—
(a) the receipt, handling and disbursement of
trust money;
(b) the establishment and maintenance of trust
accounts;
(c) record keeping and accounting requirements;
(d) reports to clients and the designated local
regulatory authority by law practices relating
to trust money and trust accounts;
(e) the external examination of trust records;
(f) the external investigation of the affairs of a
law practice;
(g) dealing with unclaimed money.
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Division 1—Introduction
169 Objectives
The objectives of this Part are—
(a) to ensure that clients of law practices are
able to make informed choices about their
legal options and the costs associated with
pursuing those options; and
(b) to provide that law practices must not charge
more than fair and reasonable amounts for
legal costs; and
(c) to provide a framework for assessment of
legal costs.
170 Commercial or government clients
(1) This Part does not apply to—
(a) a commercial or government client; or
(b) a third party payer who would be a
commercial or government client if the third
party payer were a client of the law practice
concerned—
but this section and sections 181(1), (7) and (8),
182, 183 and 185(3), (4) and (5) do apply to a
commercial or government client referred to in
paragraph (a) or a third party payer referred to in
paragraph (b).
(2) For the purposes of this Law, a commercial or
government client is a client of a law practice
where the client is—
(a) a law practice; or
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Division 5—Billing
186 Form of bills
A bill may be in the form of a lump sum bill or an
itemised bill.
187 Request for itemised bills
(1) If a bill is given by a law practice in the form of a
lump sum bill, any person who is entitled to apply
for an assessment of the legal costs to which the
bill relates may request the law practice to give
the person an itemised bill.
(2) A request for an itemised bill must be made within
30 days after the date on which the legal costs
become payable.
(3) The law practice must comply with the request
within 21 days after the date on which the request
is made in accordance with subsection (2).
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Division 8—Miscellaneous
206 Security for legal costs
A law practice may take reasonable security from
a client for legal costs (including security for the
payment of interest on unpaid legal costs) and
may refuse or cease to act for a client who does
not provide reasonable security.
207 Unreasonable legal costs—disciplinary action
(1) A contravention of a requirement of this Part that
a law practice must not charge more than fair and
reasonable legal costs is capable of constituting
unsatisfactory professional conduct or
professional misconduct on the part of—
(a) the responsible principal or principals for a
bill given by the law practice (see
section 188); and
(b) each legal practitioner associate or foreign
lawyer associate who was involved in giving
the bill or authorising it to be given.
(2) Subsection (1) applies to a responsible principal—
(a) whether or not he or she had actual
knowledge of the bill or its contents; and
(b) whether or not he or she had actual
knowledge that the legal costs were unfair or
unreasonable.
(3) However, subsection (1) does not apply to a
responsible principal if he or she establishes that it
was not reasonable for him or her to suspect or
believe that the legal costs in the bill were unfair
or unreasonable in the circumstances (otherwise
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Division 1—Introduction
218 Objective
The objective of this Part is to establish a fidelity
cover scheme to ensure that persons who suffer
pecuniary loss as a result of defaults by law
practices have a source of compensation for
defaults arising from or constituted by acts or
omissions of associates of law practices.
219 Definitions
In this Part—
claim means a claim under this Part, and claimant
means a person who makes a claim under
this Part;
concerted interjurisdictional default means a
default of a law practice arising from or
constituted by an act or omission—
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243 Interest
(1) In determining the amount of pecuniary loss
resulting from a default, the fidelity authority
must order payment from the fidelity fund of
interest on the amount payable, unless it considers
that special circumstances exist that warrant a
reduced amount of interest or a determination that
no interest should be paid.
(2) The interest is to be calculated from the date on
which the claim was made, to the date of
notification that the claim has been allowed, at the
rate specified in or determined under the Uniform
Rules for the purposes of this section or at the rate
of 5% to the extent provision is not made in the
Uniform Rules for the rate of interest.
244 Reduction of claim because of other benefits
(1) A person is not entitled to recover from the
fidelity fund any amount equal to amounts or to
the value of other benefits in connection with the
default concerned—
(a) that have already been paid to or received by
the person; or
(b) that have already been determined and are
payable to or receivable by the person; or
(c) that (in the opinion of the fidelity authority)
are likely to be paid to or received by the
person; or
(d) that (in the opinion of the fidelity authority)
might, but for neglect or failure on the
person's part, have been paid or payable to or
received or receivable by the person—
from other sources in respect of the pecuniary loss
to which a claim relates.
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Division 7—Miscellaneous
253 Cooperation
(1) When dealing with a claim, the fidelity authority
may exercise any of its functions in cooperation
with or with the assistance of other fidelity
authorities or the designated local regulatory
authority.
(2) The fidelity authority and the designated local
regulatory authority may exchange information
about a claim and the authority may exchange
information about a claim with other fidelity
authorities.
254 Protection from liability
(1) No liability (including liability in defamation) is
incurred in respect of anything done or omitted to
be done in good faith for the purpose of arranging
for the insurance of the fidelity fund by—
(a) the fidelity authority or a member of the
fidelity authority; or
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PART 5.2—COMPLAINTS
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Note
Section 291 enables the designated local regulatory
authority to deal with costs disputes within certain monetary
limits.
270 Disciplinary matters
A disciplinary matter is so much of a complaint
about a lawyer or a law practice as would, if the
conduct concerned were established, amount to
unsatisfactory professional conduct or
professional misconduct.
271 Mixed complaints
If a complaint contains or may contain both a
consumer matter and a disciplinary matter, the
designated local regulatory authority may give
priority to resolving the consumer matter as soon
as possible and, if necessary and appropriate,
separately from the disciplinary matter.
272 Time limits on making complaints
(1) Subject to subsection (2), a complaint must be
about conduct alleged to have occurred within the
period of 3 years immediately before the
complaint is made, but the designated local
regulatory authority may waive the time
requirement if satisfied that—
(a) it is just and fair to deal with the complaint
having regard to the delay and the reasons
for the delay; or
(b) the complaint involves an allegation of
professional misconduct and it is in the
public interest to deal with the complaint.
(2) To the extent that a complaint involves a costs
dispute, the complaint must be made within the
required period referred to in subsection (3), but
the designated local regulatory authority may
waive the time requirement if satisfied that—
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Section 268(3) precludes a commercial or government client
from obtaining relief under this Chapter in relation to a
consumer matter.
(3) A complaint may be closed under this section
without any investigation or without completing
an investigation.
(4) The designated local regulatory authority is not
required to give a complainant, a lawyer or law
practice an opportunity to be heard or make a
submission to the designated local regulatory
authority before determining whether or not to
close a complaint under this section.
(5) The power to close a complaint under this section
extends to closure of part of a complaint.
278 Immediate suspension of practising or registration
certificate
(1) The designated local regulatory authority may
recommend that an Australian practising
certificate or Australian registration certificate be
immediately suspended if—
(a) a complaint has been made about the conduct
of an Australian legal practitioner,
Australian-registered foreign lawyer or law
practice; and
(b) the designated local regulatory authority
considers the immediate suspension of the
certificate is warranted in the public interest
on the ground of the seriousness of the
alleged conduct.
(2) The designated local regulatory authority may
make the recommendation whether or not an
investigation of the complaint has begun or been
completed.
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Division 1—Preliminary
285 Application of this Part
(1) This Part applies to consumer matters.
(2) Division 2 applies to all consumer matters, but has
effect subject to Division 3 in relation to costs
disputes.
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(b) either—
(i) the total amount of legal costs still in
dispute is equal to or more than
$10 000 (indexed); or
(ii) the total amount of legal costs still in
dispute is less than $10 000 (indexed)
and the designated local regulatory
authority notifies the parties in writing
that it is unable to resolve the dispute.
Note
Section 197 provides in part that legal costs that are or have been
the subject of a costs dispute under this Chapter may not be the
subject of a costs assessment unless the designated local regulatory
authority is unable to resolve the costs dispute and has notified the
parties of their entitlement to apply for a costs assessment.
Consequently, a costs assessment is not available where a costs
dispute is resolved.
294 GST excluded in calculations
Amounts payable by way of GST in respect of
legal costs are to be disregarded when
determining—
(a) the total bill for legal costs referred to in
section 291; or
(b) the total amount of legal costs referred to in
section 292 or 293.
Division 1—Preliminary
295 Application of this Part
This Part applies to disciplinary matters.
296 Unsatisfactory professional conduct
For the purposes of this Law, unsatisfactory
professional conduct includes conduct of a
lawyer occurring in connection with the practice
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PART 5.8—MISCELLANEOUS
320 Power to make orders includes power to make
recommendations
(1) A power to make an order directing action in
relation to a matter under this Chapter includes a
power to make an order recommending the taking
of action (or refraining from the taking of action)
in relation to the matter so far as the matter
concerns another jurisdiction.
(2) A recommendation under this section may be
made in any manner that the Supreme Court, the
designated local regulatory authority or the
designated tribunal considers appropriate, and
(to avoid doubt) may be made to a person or body
having powers or other functions under a law of
another jurisdiction.
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PART 6.4—MANAGERS
334 Appointment of manager
(1) This section applies if the designated local
regulatory authority determines to appoint a
manager for a law practice.
(2) The designated local regulatory authority may, by
instrument in writing, appoint a person as
manager.
(3) Subject to subsection (4), the appointee must be
an Australian legal practitioner who holds an
Australian practising certificate as a principal
authorising the receipt of trust money.
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PART 6.5—RECEIVERS
341 Appointment of receiver
(1) This section applies if the designated local
regulatory authority determines to initiate action
for the appointment of a receiver for a law
practice.
(2) The designated tribunal may, on the application of
the designated local regulatory authority, appoint
a person as receiver for a law practice.
(3) The designated tribunal may make the
appointment whether or not the law practice or a
principal of the practice concerned has been
notified of the application and whether or not the
practice or principal is a party to the proceedings.
(4) Before commencing to hear an application for
appointment of a receiver, the designated tribunal
must order from the precincts of the tribunal any
person who is not—
(a) an officer of the tribunal; or
(b) a party, an officer or employee of a party, a
legal representative of a party, or a clerk of a
legal representative of a party; or
(c) a principal of the law practice concerned; or
(d) a person who is about to or is in the course of
giving evidence; or
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Note
Section 325(2) provides that certain orders of a court or
tribunal of another jurisdiction have effect in and in respect
of this jurisdiction as if they were orders of the designated
tribunal.
(4) The appointment of a receiver is not stayed by the
making of an application for termination of the
receiver's appointment, and the receiver may
accordingly continue to exercise his or her powers
and functions as receiver pending the designated
tribunal's decision on the application except to the
extent (if any) that the tribunal otherwise directs.
(5) The former receiver must, as soon as practicable,
transfer and deliver the regulated property of the
law practice—
(a) to another external intervener appointed for
the law practice within the period of 14 days
beginning with the day after the date of the
termination; or
(b) to the law practice, if another external
intervener is not appointed for the law
practice within that period and if
paragraph (c) does not apply; or
(c) to another person in accordance with
arrangements approved by the designated
local regulatory authority, if it is not
practicable to transfer and deliver the
regulated property to the law practice.
(6) The former receiver need not transfer and deliver
regulated property to the law practice in
compliance with subsection (5) unless the
expenses of receivership have been paid.
(7) The designated local regulatory authority must
serve a written notice of the termination on all
persons originally served with notice of the
appointment.
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PART 6.6—GENERAL
356 Conditions on appointment of external intervener
(1) An appointment of an external intervener is
subject to—
(a) any conditions imposed by the appropriate
authority; and
(b) any conditions imposed by or under the
Uniform Rules for the purposes of this
section.
(2) The appropriate authority may impose
conditions—
(a) when the appointment is made; or
(b) during the term of the appointment.
(3) The appropriate authority may revoke or vary
conditions imposed under subsection (2).
(4) The appropriate authority is—
(a) the designated local regulatory authority in
the case of a supervisor of trust accounts or a
manager; or
(b) the designated tribunal in the case of a
receiver.
357 Status of acts of external intervener
(1) An act done or omitted to be done by an external
intervener for a law practice is, for the purposes
of—
(a) any proceedings; or
(b) any transaction that relies on that act or
omission—
taken to have been done or omitted to be done by
the law practice.
(2) Nothing in this section subjects an associate of the
law practice to any personal liability.
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PART 7.5—MISCELLANEOUS
386 Report to local regulatory authority of disciplinary
matters
(1) This section applies if, in the course of—
(a) a trust records examination; or
(b) a trust records investigation; or
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* * * * * Sch. 1
note to
s. 392(3)
repealed by
No. 8/2015
s. 21.
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* * * * * Sch. 1
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s. 395(4)
repealed by
No. 8/2015
s. 22.
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PART 8.6—GENERAL
412 Exercise of functions generally
(1) The Council, the Commissioner, their respective
delegates and the Admissions Committee must
exercise their functions under this Law in
accordance with applicable provisions of this
Law, the Uniform Regulations and the Uniform
Rules.
(2) A local regulatory authority and its delegates must
exercise their functions under this Law in
accordance with applicable provisions of this
Law, the Uniform Regulations and the Uniform
Rules and applicable guidelines and directions
under this Chapter.
413 Registers of delegations
(1) The Council, the Commissioner and a local
regulatory authority must each maintain a register
of delegations under this Law in a form
determined by it.
(2) A register of delegations must contain a copy of
all instruments of delegation issued by the
delegator and currently in force.
(3) A delegator must arrange for a review of the
register of delegations to be carried out at least on
an annual basis and for a report of the review to be
submitted to the Council for its consideration.
(4) The Council must ensure that a current version of
each register of delegations is publicly available at
all reasonable times on its website or another
publicly accessible website.
(5) The Council may make arrangements for a
composite register containing two or more of the
registers referred to in this section.
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CHAPTER 9—MISCELLANEOUS
PART 9.1—LEGAL PROFESSION UNIFORM REGULATIONS
417 Legal Profession Uniform Regulations
(1) The Standing Committee may make Legal
Profession Uniform Regulations with respect to—
(a) any matter that by this Law is expressly
required or permitted to be prescribed by
Uniform Regulations; and
(b) any matter that is ancillary to a matter
referred to in paragraph (a).
(2) The Uniform Regulations prevail over the
Uniform Rules to the extent of any inconsistency.
418 Publication of Uniform Regulations
(1) The Uniform Regulations are to be published on
the NSW legislation website in accordance with
Part 6A of the Interpretation Act 1987 of New
South Wales.
(2) A Uniform Regulation commences on the day or
days specified in the Regulation for its
commencement (being not earlier than the date it
is published).
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1 Uniform Rules cannot be inconsistent with the
provisions of this Law.
2 See section 428 for the Council's obligation to make an
Admission Rule as submitted to the Standing
Committee under section 426.
(2) Without limiting the scope of the Uniform Rules,
the Uniform Rules may apply to—
(a) qualified entities; and
(b) Australian lawyers who are not Australian
legal practitioners; and
(c) former Australian legal practitioners, former
Australian-registered foreign lawyers and
former Australian lawyers; and
(d) persons seeking admission; and
(e) lay associates of law practices.
(3) The Uniform Rules may provide for the
application to and modification of provisions of
this Law for various categories of law practices
and for the persons referred to in subsection (2).
(4) The Uniform Rules may authorise any matter to
be determined, applied or regulated, from time to
time, by any specified person or body.
(5) The Uniform Rules may contain civil penalty
provisions.
(6) A contravention of a civil penalty provision in the
Uniform Rules is punishable by the imposition of
a civil penalty of an amount not exceeding
50 penalty units specified in the Uniform Rules.
(7) The power to make Uniform Rules includes power
to amend or repeal Uniform Rules.
(8) The power to amend or repeal Uniform Rules is
exercisable in the same way, and subject to the
same conditions, as the power to make Uniform
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PART 9.6—INJUNCTIONS
447 Injunctions to restrain contraventions of Law or
Uniform Rules
(1) This section applies if a person has contravened, is
contravening, or is likely to contravene this Law
or the Uniform Rules.
(2) The designated local regulatory authority may
apply to the Supreme Court for an injunction.
(3) On application under subsection (2), the Supreme
Court may grant an injunction restraining the
person from contravening this Law or the Uniform
Rules (including by requiring the person to do
something).
(4) The Supreme Court may grant the injunction—
(a) whether or not it appears to the Court that the
person intends to contravene this Law or the
Uniform Rules, contravene this Law or the
Uniform Rules again or continue to
contravene this Law or the Uniform Rules;
and
(b) whether or not the person has previously
contravened this Law or the Uniform Rules;
and
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PART 9.9—GENERAL
462 Prohibition on disclosure of information
(1) A relevant person must not disclose to any other
person, whether directly or indirectly, any
information obtained in the execution or
administration of this Law or the Uniform Rules
unless permitted to do so under subsection (2).
Civil penalty: 50 penalty units.
(2) A relevant person is permitted, for the purposes of
this Law, to disclose information obtained in the
execution or administration of this Law or the
Uniform Rules—
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SCHEDULE 1
PART 1—INTRODUCTION
1 Definitions
In this Schedule—
Chair means the Chair of the Council;
host Attorney-General means the host
Attorney-General for this Law
(the Attorney-General of Victoria);
member means a member of the Council.
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Note
A memorandum of understanding between the Standing
Committee and the Law Council of Australia and the
Standing Committee and the Australian Bar Association is
intended to provide for all the parties to work together to
bring about the result set out in this clause.
5 Vacancy in office of member
(1) The office of a member becomes vacant if he or
she—
(a) completes a term of office and is not
reappointed; or
(b) resigns the office by written instrument
addressed to the host Attorney-General; or
(c) has his or her appointment terminated by the
host Attorney-General under this clause; or
(d) dies.
(2) The host Attorney-General may, at any time,
terminate the appointment of a member—
(a) for incapacity, incompetence, misbehaviour
or unsatisfactory performance; or
(b) for contravening a condition of the member's
appointment contained in his or her
instrument of appointment; or
(c) without limitation, if—
(i) the member has been found guilty of an
offence (whether in Australia or
elsewhere) that, in the opinion of the
host Attorney-General, renders the
member unfit to continue to hold the
office of member; or
(ii) the member becomes an insolvent
under administration.
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7 Remuneration of members
A member is entitled to be paid the remuneration
(including travelling and subsistence allowances)
that the Standing Committee may from time to
time determine with respect to the member.
8 Disclosure of conflict of interest
(1) If—
(a) a member has a direct or indirect pecuniary
or other interest in a matter being considered
or about to be considered at a meeting of the
Council; and
(b) the interest appears to raise a conflict with
the proper performance of the member's
duties in relation to the consideration of the
matter—
the member must, as soon as possible after the
relevant facts have come to the member's
knowledge, disclose the nature of the interest at a
meeting of the Council.
(2) Particulars of any disclosure made under this
clause must be recorded by the Council.
(3) After a member has disclosed the nature of an
interest in any matter, the member must not,
unless the Standing Committee or the Council
otherwise determines—
(a) be present during any deliberation of the
Council with respect to the matter; or
(b) take part in any decision of the Council with
respect to the matter.
(4) For the purposes of the making of a determination
by the Council under subclause (3), a member
who has a direct or indirect pecuniary or other
interest in a matter to which the disclosure relates
must not—
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SCHEDULE 2
PART 1—INTRODUCTION
1 Definition
In this Schedule—
host Attorney-General means the host
Attorney-General for this Law
(the Attorney-General of Victoria).
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SCHEDULE 3
PART 1—PRELIMINARY
Notes
1 Some provisions of this Law apply in their own terms in
relation to non-participating jurisdictions (whether by
reference to any jurisdiction or by specific reference to a
non-participating jurisdiction).
In particular—
• the term Australian lawyer is defined in section 6 so
as to include a person admitted to the Australian legal
profession in any jurisdiction;
• the terms Australian practising certificate and
Australian registration certificate are defined in
section 6 so as to include certificates granted in a
non-participating jurisdiction;
• the terms Australian legal practitioner and
Australian-registered foreign lawyer are defined in
section 6 so as to include legal practitioners and
foreign lawyers holding certificates granted in a
non-participating jurisdiction.
This Schedule contains other provisions that apply in relation
to non-participating jurisdictions.
2 A person who is an Australian lawyer by virtue of admission
by the Supreme Court of a non-participating jurisdiction is
eligible, if otherwise qualified, to be granted an Australian
practising certificate under Part 3.3. Among other matters,
this Schedule contains provisions relating to practising
certificates granted in a non-participating jurisdiction.
1 Definitions
In this Schedule—
lawyer, when used alone, has the same meaning as
it has in Chapter 5 (see section 261);
non-participant legal practitioner means a person
who is the holder of a current non-participant
practising certificate but who is not the
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PART 5—MISCELLANEOUS
15 Fidelity funds and fidelity authorities for
non-participating jurisdiction
For the purposes of this Law—
(a) the fidelity fund of a non-participating
jurisdiction is the fund (however described)
established or maintained under a law of that
jurisdiction to provide a source of
compensation for defaults by law practices;
and
(b) the fidelity authority for a non-participating
jurisdiction is the authority responsible for
the general administration of the fidelity
fund (as referred to in paragraph (a)) of that
jurisdiction.
16 Uniform Rules
(1) The Uniform Rules may make provision with
respect to any aspect of the application of this
Law in relation to non-participating jurisdictions
(including non-participant legal practitioners and
non-participant registered foreign lawyers).
(2) Without limitation, the Uniform Rules may make
provision with respect to the notification of
persons or bodies having functions under a law of
a non-participating jurisdiction about actions or
other things done under this Law.
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SCHEDULE 4
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(6) This clause does not have effect to the extent that
other provision is made by this Schedule or that
the context or subject matter otherwise indicates
or requires, and has effect subject to the local
regulations.
3 References to old legislation
A reference to the old legislation in any Act
(other than the Legal Profession Uniform Law Act
of this jurisdiction or this Law as applied in this
jurisdiction) or in any subordinate instrument,
agreement, deed or other document is to be
construed as a reference to this Law, so far as the
reference relates to any period on or after the
commencement day and is not inconsistent with
the subject matter.
4 Time limits
(1) If the time for doing any act was fixed by or under
the old legislation, that time continues to apply on
and after the commencement day in relation to
any act that was required or permitted to be done,
and could have been done, before that day and,
unless the contrary intention appears, nothing in
this Law has the effect of extending or abridging
the time for doing that act.
(2) The time for doing an act to which subclause (1)
applies may be extended or abridged on or after
the commencement day in accordance with any
provision made by or under the old legislation as
in force immediately before that day as if that
provision had not been repealed, but subject to
anything in this Schedule requiring a reference in
that provision to be construed in a particular way.
5 Savings and transitional rules and regulations
(1) The Uniform Rules may contain provisions of a
savings and transitional nature consequent on the
repeal of the old legislation.
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Sch. 1 * * * * *
cl. 7 of Sch. 4
repealed by
No. 8/2015
s. 28.
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 12 December 2013
Legislative Council: 20 February 2014
The long title for the Bill for this Act was "A Bill for an Act to apply the
Legal Profession Uniform Law as a law of Victoria, to provide for certain
local matters to complement that Law, to repeal the Legal Profession
Act 2004, to make transitional arrangements, to make consequential
amendments to other Acts and for other purposes."
The Legal Profession Uniform Law Application Act 2014 was assented to
on 25 March 2014 and came into operation as follows:
Part 1 (sections 1–3), sections 4–7 and 9 on 1 July 2014: Special Gazette
(No. 200) 24 June 2014 page 1; Chapter 1 (sections 1–8), sections 391–403,
412(1), 413, 416, Part 9.4 of Chapter 9 (sections 436–441), sections 467, 468,
476, Schedules 1 and 2 and clause 8 of Schedule 4 of the Legal Profession
Uniform Law as set out in Schedule 1 on 1 July 2014: Special Gazette
(No. 200) 24 June 2014 page 1; sections 8, 10–182, Schedule 2: on 1 July
2015: Special Gazette (No. 151) 16 June 2015 page 1; Chapters 2–7
(ss 9–390), sections 404–411, 412(2), 414, 415, 417-435, 442-466, 469-475,
Schedule 3, Schedule 4 (clauses 1–7, 9–30) of the Legal Profession Uniform
Law as set out in Schedule 1: on 1 July 2015: Special Gazette (No. 151) 16
June 2015 page 1.
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Endnotes
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed
before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. This includes headings to Parts, Divisions or Subdivisions in
a Schedule; sections; clauses; items; tables; columns; examples; diagrams;
notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed
on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001
forms part of that Act. Any punctuation inserted in an Act which was passed
before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs.
See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October
2004, a legislative item relating to a provision of an Act is taken to be at the
foot of that provision even if it is preceded or followed by another legislative
item that relates to that provision. For example, if a penalty at the foot of a
provision is followed by a note, both of these legislative items will be
regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and
other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
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Endnotes
2 Table of Amendments
This publication incorporates amendments made to the Legal Profession
Uniform Law Application Act 2014 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Legal Profession Uniform Law Application Act 2014, No. 17/2014
Assent Date: 25.3.14
Commencement Date: S. 161 on 1.7.15: Special Gazette (No. 151) 16.6.15
p. 1; s. 164(4) on 1.7.15: Special Gazette (No. 151)
16.6.15 p. 1; s. 170(4) on 1.7.15: Special Gazette
(No. 151) 16.6.15 p. 1
Note: S. 161 repealed Pt 11 Div. 2 (ss 158–161), Sch. 2 on
1.7.16; s. 164(4) repealed s. 164 on 1.7.17; s. 170(4)
repealed s. 170 on 1.7.18
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
Victoria Police Amendment (Consequential and Other Matters) Act 2014,
No. 37/2014
Assent Date: 3.6.14
Commencement Date: S. 10(Sch. item 95) on 1.7.14: Special Gazette
(No. 200) 24.6.14 p. 2
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014
Assent Date: 9.9.14
Commencement Date: S. 79 on 1.4.15: Special Gazette (No. 364) 14.10.14
p. 1
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
Legal Profession Uniform Law Application Amendment Act 2015, No. 8/2015
Assent Date: 21.4.15
Commencement Date: Ss 4–28 on 22.4.15: s. 2
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
Statute Law Revision Act 2015, No. 21/2015
Assent Date: 1.8.15
Commencement Date: S. 3(Sch. 1 item 30) on 1.8.15: s. 2(1)
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
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Endnotes
Legal Profession Uniform Law Application Amendment Act 2016, No. 60/2016
Assent Date: 2.11.16
Commencement Date: Ss 4, 5, 7–11 on 3.11.16: s. 2
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017, No. 38/2017
Assent Date: 29.8.17
Commencement Date: Ss 53–60 on 30.8.17: s. 2(1)
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018
Assent Date: 29.5.18
Commencement Date: Ss 42–46 on 1.7.18: Special Gazette (No. 284) 19.6.18
p. 1
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
Legal Profession Uniform Law Application Amendment Act 2019, No. 31/2019
Assent Date: 17.9.19
Commencement Date: Ss 9, 10 on 5.6.19: s. 2(3); ss 5–8 on 1.7.22: Special
Gazette (No. 336) 30.6.22 p. 1
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
Workplace Safety Legislation and Other Matters Amendment Act 2022,
No. 10/2022
Assent Date: 16.3.22
Commencement Date: Ss 34–45 on 17.3.22: s. 2(2)
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
Justice Legislation Amendment Act 2023, No. 26/2023
Assent Date: 10.10.23
Commencement Date: Ss 28–32 on 11.10.23: s. 2(1)
Current State: This information relates only to the provision/s
amending the Legal Profession Uniform Law
Application Act 2014
554
Legal Profession Uniform Law Application Act 2014
No. 17 of 2014
Endnotes
3 Explanatory details
No entries at date of publication.
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