This legislation has been repealed.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 ENDNOTES