Northern Territory Consolidated Regulations

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LEGAL PROFESSION REGULATIONS 2007


TABLE OF PROVISIONS

   PART 1.1--PRELIMINARY MATTERS

   1.      Citation  

   PART 1.2--INTERPRETATION

   2.      Definitions  
   3.      Default determination of associate's home jurisdiction  

   PART 2.1--RESERVATION OF LEGAL WORK AND LEGAL TITLES

   4.      Presumptions about taking or using name, title or description  

   PART 2.2--ADMISSION OF LOCAL LAWYERS

   5.      Information on roll of persons admitted  

   PART 2.3--LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS

   6.      Compliance certificate  
   7.      Categories of local practising certificate  
   8.      Exemption from requirement to apply for grant or renewal of practising certificate  
   9.      Application for local practising certificate  
   10.     Timing of application for renewal of local practising certificate  
   11.     Continuing legal education  
   12.     Completion of periods of supervised legal practice  
   13.     Statutory condition regarding practice as a barrister  
   14.     Address for notice of offence  
   15.     Requirements for professional indemnity insurance for interstate legal practitioners  
   16.     Register of local practising certificates  
   17.     Government lawyers – general exemption from certain conditions  

   PART 2.6--INCORPORATED LEGAL PRACTICES AND MULTI-DISCIPLINARY PARTNERSHIPS

   18.     Prohibited non-legal services and businesses of incorporated legal practice  
   19.     Notice of ceasing provision of legal services  
   20.     Disqualifications and prohibitions  
   21.     Prohibition on conduct of managed investment scheme by incorporated legal practice  
   22.     Multi-disciplinary partnership  

   PART 2.7--LEGAL PRACTICE BY FOREIGN LAWYERS

   23.     Scope of practice  
   24.     Trust money and trust accounts  
   25.     Professional indemnity insurance  
   26.     Fidelity cover  
   27.     Application of Part 35 of Act  
   28.     Locally-registered foreign lawyer not covered by Fidelity Fund  
   29.     Application for local registration – show cause event  
   30.     Register of locally-registered foreign lawyers  
   31.     Refund of fees  

   PART 2.8--COMPLYING COMMUNITY LEGAL CENTRES

   32.     Complying community legal centre  

   PART 3.1--TRUST MONEY AND TRUST ACCOUNTS

           Division 1--Preliminary matters

   33.     Operation of this Part  
   34.     Definitions  
   35.     Barrister receiving money on behalf of other persons  

           Division 2--Computerised accounting systems

   36.     Application of Division  
   37.     Copies of trust records to be printed  
   38.     Chronological record of information to be made  
   39.     Requirements regarding computer accounting systems  
   40.     Back-ups  

           Division 3--General trust accounts

   41.     Establishment of general trust account  
   42.     Receipting of trust money  
   43.     Deposit records for trust money  
   44.     Direction for non-deposit of trust money in general trust account  
   45.     Manner of withdrawal of trust money  
   46.     Payment by cheque  
   47.     Payment by electronic funds transfer  
   48.     Recording transactions in trust account cash books  
   49.     Trust account receipts cash book  
   50.     Trust account payments cash book  
   51.     Recording transactions in trust ledger accounts  
   52.     Journal transfers  
   53.     Reconciliation of trust records  
   54.     Trust ledger account in name of law practice or legal practitioner associate  
   55.     Notification requirements regarding general trust accounts  

           Division 4--Controlled money

   56.     Maintenance of controlled money accounts  
   57.     Receipt of controlled money  
   58.     Deposit of controlled money  
   59.     Manner of withdrawal of controlled money  
   60.     Withdrawal of controlled money must be authorised  
   61.     Register of controlled money  

           Division 5--Transit money

   62.     Information to be recorded about transit money  

           Division 6--Trust money generally

   63.     Trust account statements  
   64.     Trust account statements for sophisticated clients  
   65.     Register of Investments  
   66.     Trust money subject to specific powers  
   67.     Register of powers and estates in relation to trust money  
   68.     Withdrawing trust money for legal costs  
   69.     Keeping of trust records  
   70.     Retaining other records and information  
   71.     Statements regarding receipt or holding of trust money  

           Division 7--External examinations

   72.     Requirement for external examinations  
   73.     Law practice closing down, closing office or ceasing to receive or hold trust money  
   74.     Carrying out examination  

           Division 8--Provisions relating to ADIs

   75.     Conditions on approval of ADIs  
   76.     Report by ADI to Law Society  

           Division 9--Miscellaneous matters

   77.     Disclosure of accounts used to hold money entrusted to legal practitioners  
   78.     Exemptions  

   PART 3.2--ADVERTISING LEGAL SERVICES FOR PERSONAL INJURY CLAIMS

   79.     Exemptions from the application of Part 32 of the Act  
   80.     Prescribed persons for section 288(2)(b) of the Act  

   PART 3.3--COSTS DISCLOSURE AND ASSESSMENT

   80A.    When does matter have substantial connection with this jurisdiction  
   80B.    Disclosure of costs to clients – form  
   80C.    Exceptions to requirement for disclosure  
   80D.    Interest on unpaid legal costs  
   80E.    Reference to client  
   80F.    Proceedings for conditional costs agreement  
   80G.    Notice of client's rights – form  
   80H.    Application for costs assessment  
   80J.    Circumstance in which assessor may not refuse to issue certificate  
   80K.    Supplementary information for certificate of determination – sections 345 and 346 of Act  
   80L.    Application for review of determination  
   80M.    Circumstance in which availability of certificate not contingent on payment of reviewer's costs  
   80N.    Supplementary information for certificate of determination – section 357 of Act  

   PART 3.4--PROFESSIONAL INDEMNITY INSURANCE

   81.     Exemptions  
   82.     Prescribed requirements for professional indemnity insurance  

   PART 3.5--FIDELITY COVER

   83.     Determination for funding from Fidelity Fund  
   84.     Annual contributions  
   85.     Levies  
   86.     Caps on payment  
   87.     Fidelity protocols  
   88.     Interstate legal practitioner becoming authorised to withdraw from local trust account: notification  

   PART 4--COMPLAINTS AND DISCIPLINE

   89.     Register of Disciplinary Action  

   PART 7.1--REGULATORY BODIES

   90.     Application of Associations Act 2003  

   PART 9--MISCELLANEOUS MATTERS

   91.     Fees, contributions and levies  

   PART 10.2--TRANSITIONAL MATTERS

   92.     Definition  
   93.     Supervised legal practice  
   94.     Local practising certificates  
   95.     Notification requirements regarding general trust accounts  
   96.     Members constituting Law Society  
   96A.    Investigations into professional conduct  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3
           ENDNOTES


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