New South Wales Consolidated Acts

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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 119

Disqualification of individuals (other than practitioners)

119 Disqualification of individuals (other than practitioners)

(1) The designated tribunal may, on the application of the designated local regulatory authority, make an order disqualifying a person who is an individual (other than an Australian legal practitioner) for the purposes of this Law, for a specified period or indefinitely, if satisfied that--
(a) a ground for making the order under this section has been established (see subsection (2)); and
(b) the disqualification is justified.
(2) Any of the following are grounds for disqualifying a person--
(a) that the person has been convicted of a serious offence;
(b) that the person is not a fit and proper person to be employed or paid in connection with the practice of law or to be involved in the management of a law practice;
(c) that the person was formerly an Australian legal practitioner and has, when an Australian legal practitioner, been guilty of conduct that constituted unsatisfactory professional conduct or professional misconduct;
(d) that the person has been guilty of conduct that, if the person were an Australian legal practitioner, would have constituted unsatisfactory professional conduct or professional misconduct;
(e) that the person could be disqualified under sections 206C- 206F of the Corporations Act from managing a law practice if the law practice were a corporation.
(3) The designated tribunal, on application by the person and with the leave of the tribunal, or by the designated local regulatory authority, may vary or revoke an order if it considers it appropriate to do so.
(4) An order to a similar effect made by a corresponding authority of another jurisdiction under a corresponding law applies in relation to this jurisdiction in the same way as it applies in relation to that other jurisdiction and as if it had been made by the designated tribunal.



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