New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 12

12 Entitlement of certain persons to use certain titles, and presumptions with respect to other persons

(1) Titles This section applies to the following titles--

(a) lawyer, legal practitioner, barrister, solicitor, attorney, counsel or proctor;

(b) Senior Counsel, Queen's Counsel, King's Counsel, Her Majesty's Counsel or His Majesty's Counsel;

(c) any other title specified in the Uniform Rules for the purposes of this section.

(2) Entitlement to take or use title A person is entitled by force of this section to take or use a title to which this section applies if--

(a) the person is of a class authorised by the Uniform Rules for the purposes of this section to take or use that title; and

(b) where the Uniform Rules so provide--the person does so in circumstances, or in accordance with restrictions, specified in the Uniform Rules for the purposes of this section.

(3) Presumption of representation of entitlement of person The taking or use of a title to which this section applies by a person gives rise to a rebuttable presumption (for the purposes of section 11(1)) that the person represented that he or she is entitled to engage in legal practice.

(4) Presumption of representation of entitlement of entity The taking or use of a title to which this section applies by a person in connection with an entity, of which the person is a partner, director, officer, employee or agent, gives rise to a rebuttable presumption (for the purposes of section 11(2)) that the person represented that the entity is entitled to engage in legal practice.