New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 272

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--

(a) the complaint is made within 4 months after the required period; and

(b) it is just and fair to deal with the complaint having regard to the delay and reasons for the delay; and

(c) the lawyer or law practice has not commenced legal proceedings in respect of the legal costs.

(3) For the purposes of subsection (2), the
"required period" is the period of--

(a) 60 days after the legal costs become payable, except as provided by paragraph (b); or

(b) if an itemised bill was requested in respect of those costs in accordance with section 187(2)-- 30 days after the request was complied with.

(4) The designated local regulatory authority's decision to waive or refuse to waive a time requirement under this section is final and cannot be challenged in any proceedings by the complainant or the respondent.