Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies to a lawyer who is providing legal services on a claim for damages, or in defence of a claim for damages.
(2) The lawyer must not lodge a pleading in a court for filing, or file a pleading in a court, in relation to the claim unless the lawyer has lodged for filing or filed in the court, or the pleading is accompanied by, a certificate stating that the lawyer believes, on the basis of provable facts and a reasonably arguable view of the law, that the claim or defence has reasonable prospects of success.
(3) Contravention of subsection (2) by a lawyer is not an offence but can be professional misconduct or unsatisfactory professional conduct under the Legal Profession Act 2006
, chapter 4 (Complaints and discipline).
(4) A regulation may make provision in relation to the certificate mentioned in subsection (2), including, for example, about the form of the certificate.