LEGAL PROFESSION ACT 2007

Queensland Consolidated Acts

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- As at 1 March 2024
- Act 24 of 2007

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - INTRODUCTION

PART 1.1 - PRELIMINARY

1. Short title
2. Commencement
3. Main purposes

PART 1.2 - INTERPRETATION

Division 1 - Dictionary

4. Definitions

Division 2 - Meaning of various terms

5. Terms relating to lawyers
6. Terms relating to legal practitioners
7. Terms relating to associates and principals of law practices
8. Home jurisdiction
9. Suitability matters
10. Information notices
11. References to convictions for offences
12. Meaning of government legal officer and engaged in government work and related matters

Division 3 - Jurisdiction of Supreme Court and related matters

13. Inherent jurisdiction of Supreme Court
14. Jurisdiction of Supreme Court
15. Appeal period for appeal to Supreme Court
16. Hearing and deciding particular action without a jury

Division 4 - Other interpretation matters

17. Notes in text may indicate difference to language in corresponding law
18. Timing for doing things
19. Grounds that are reasonable in the circumstances
20. References to parts in this Act

CHAPTER 2 - GENERAL REQUIREMENTS FOR ENGAGING IN LEGAL PRACTICE

PART 2.1 - PRELIMINARY

21. Simplified overview of ch 2

PART 2.2 - RESERVATION OF LEGAL WORK

Division 1 - Preliminary

22. Main purposes for pt 2.2
23. Part does not apply to a person if authorised under a Commonwealth law or a government legal officer

Division 2 - Prohibitions

24. Prohibition on engaging in legal practice when not entitled
24A. Moving applications for admission
25. Prohibition on representing or advertising entitlement to engage in legal practice when not entitled
26. Associates who are disqualified or convicted persons

Division 3 - General

27. Professional discipline

PART 2.3 - ADMISSION OF LOCAL LAWYERS

Division 1 - Preliminary

28. Main purposes of pt 2.3
29. Definitions for pt 2.3

Division 2 - Eligibility and suitability for admission

30. Eligibility for admission to the legal profession under this Act
31. Suitability for admission
32. Early consideration of suitability
33. Involvement of tribunal and Supreme Court

Division 3 - Admission to the legal profession under this Act

34. Application for admission to the legal profession
35. Role of Supreme Court relating to application for admission
36. Conditions
37. Roll of persons admitted to the legal profession as a lawyer
38. Local lawyer is officer of Supreme Court

Division 4 - Powers and functions of board

39. Role of the board relating to application for admission
40. Consideration of applicant’s eligibility and suitability

Division 5 - Miscellaneous

41. Board may appear before Supreme Court
42. Fees payable

PART 2.4 - LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS

Division 1 - Preliminary

43. Main purposes of pt 2.4

Division 2 - Legal practice in this jurisdiction by Australian legal practitioners

44. Entitlement to practise in this jurisdiction

Division 3 - Local practising certificates generally

45. Local practising certificates generally
46. Suitability to hold local practising certificate
47. Duration of local practising certificates
48. Local legal practitioner is officer of Supreme Court

Division 4 - Grant or renewal of local practising certificates

49. Application for grant or renewal of local practising certificate
50. Manner of application
51. Grant or renewal of local practising certificate

Division 5 - Conditions on local practising certificates

52. Conditions generally
53. Conditions imposed by law society or bar association
54. Applications relating to conditions
55. Statutory condition regarding conditions imposed on interstate admission
56. Statutory condition regarding practice as solicitor
57. Statutory condition regarding notification of offence
58. Compliance with conditions

Division 6 - Amendment, suspension or cancellation of local practising certificates

59. Application of this division
60. Grounds for amending, suspending or cancelling a local practising certificate
61. Amending, suspending or cancelling a local practising certificate
62. Operation of amendment, suspension or cancellation of local practising certificate
63. Immediate amendment or suspension of local practising certificate
64. Removal from local roll
65. Consensual amendment or cancellation etc.
66. Relationship of div 6 with ch 6

Division 7 - Special powers in relation to local practising certificates—show cause events

67. Application for local practising certificate if show cause event happened after first admission
68. Requirement if show cause event
69. Refusal, amendment, suspension or cancellation of local practising certificate because of failure to show cause
70. Restriction on making further application
71. Relationship of div 7 with ch 6

Division 8 - Further provisions relating to local practising certificate

72. Surrender and cancellation of local practising certificate
73. Return of local practising certificate

Division 9 - Interstate legal practitioners

74. Requirement for interstate practising certificate and professional indemnity insurance
75. Extent of entitlement of interstate legal practitioner to practise in this jurisdiction
76. Additional condition on interstate legal practitioner engaging in legal practice in this jurisdiction
77. Special provision about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction
78. Interstate legal practitioner is officer of Supreme Court

Division 10 - Miscellaneous

79. Protocols
80. Consideration of applicant for local practising certificate and certificate holder
81. Register of local practising certificates
82. Supreme Court orders about conditions
83. Regulatory authority may charge reasonable fees

PART 2.5 - SUITABILITY REPORTS

Division 1 - Preliminary

84. Main purpose of pt 2.5
85. Definitions for pt 2.5

Division 2 - Police reports

86. Relevant authority may ask for police report

Division 3 - Health assessments

87. Health assessment
88. Appointment of health assessor
89. Health assessment report
90. Payment for health assessment and report
91. Use of health assessment report

Division 4 - General

92. Confidentiality of suitability report
93. Operation of pt 2.5

PART 2.6 - INTER-JURISDICTIONAL PROVISIONS REGARDING ADMISSION AND PRACTISING CERTIFICATES

Division 1 - Preliminary

94. Main purpose of pt 2.6
95. Relationship of this part with ch 4

Division 2 - Notifications to be given by local authorities to interstate authorities

96. Notification to other jurisdictions about application for admission
97. Notification to other jurisdictions about removal from local roll
98. Law society and bar association to notify other jurisdictions about particular matters

Division 3 - Notifications to be given by lawyers to local authorities

99. Lawyer to give notice of removal in another jurisdiction
100. Lawyer to give notice of interstate orders
101. Lawyer to give notice of foreign regulatory action
102. Provisions relating to requirement to notify

Division 4 - Taking of action by local authorities in response to notifications received

103. Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction
104. Peremptory cancellation of local practising certificate following removal of name from interstate roll
105. Show cause procedure for removal of lawyer’s name from local roll following foreign regulatory action
106. Show cause procedure for cancellation of local practising certificate following foreign regulatory action
107. Order for non-removal of name or non-cancellation of local practising certificate
108. Local authority may give information to other local authority

PART 2.7 - INCORPORATED LEGAL PRACTICES AND MULTI-DISCIPLINARY PARTNERSHIPS

Division 1 - Preliminary

109. Main purposes of pt 2.7
110. Definitions for pt 2.7

Division 2 - Incorporated legal practices providing legal services

111. Nature of incorporated legal practice
112. Non-legal services and businesses of incorporated legal practices
113. Corporations eligible to be incorporated legal practices
114. Notice of intention to start providing legal services
115. Prohibition on corporations or directors etc. representing that corporation is incorporated legal practice
116. Notice of termination of provision of legal services

Division 3 - Legal practitioner directors, and other legal practitioners employed by incorporated legal practices

117. Incorporated legal practice must have legal practitioner director
118. Obligations of legal practitioner director relating to misconduct
119. Incorporated legal practice without legal practitioner director
120. Obligations and privileges of an Australian legal practitioner who is an officer or employee

Division 4 - Particular matters including application of other provisions of relevant laws

121. Professional indemnity insurance
122. Conflicts of interest
123. Disclosure obligations
124. Effect of non-disclosure on provision of particular services
125. Application of legal profession rules
126. Requirements relating to advertising
127. Extension to incorporated legal practice of vicarious liability relating to failure to account and dishonesty
128. Sharing of receipts, revenue or other income
129. Disqualified persons

Division 5 - Ensuring compliance with this Act by incorporated legal practices

130. Commissioner or law society may audit incorporated legal practice
131. Application of chapter 6
132. Banning of incorporated legal practices
133. Disqualification from managing incorporated legal practice
134. Disclosure of information to the Australian Securities and Investments Commission

Division 6 - External administration

135. External administration proceedings under Corporations Act
136. External administration proceedings under other legislation
137. Incorporated legal practice that is subject to receivership under this Act and external administration under Corporations Act
138. Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation

Division 7 - Miscellaneous provisions relating to incorporated legal practices

139. Cooperation between courts
140. Relationship of Act to constitution of incorporated legal practice
141. Relationship of Act to legislation establishing incorporated legal practice
142. Relationship of Act to Corporations legislation and certain other instruments
143. Undue influence

Division 8 - Multi-disciplinary partnerships

144. Nature of multi-disciplinary partnership
145. Conduct of multi-disciplinary partnerships
146. Notice of intention to start practice in multi-disciplinary partnership
147. General obligations of legal practitioner partners
148. Obligations of legal practitioner partner relating to misconduct
149. Actions of partner who is not an Australian legal practitioner
150. Obligations and privileges of Australian legal practitioner who is partner or employee
151. Conflicts of interest
152. Disclosure obligations
153. Effect of non-disclosure on provision of particular services
154. Application of legal profession rules
155. Requirements relating to advertising
156. Sharing of receipts, revenue or other income
157. Disqualified persons
158. Prohibition on partnership with particular partner who is not an Australian legal practitioner
159. Undue influence

Division 9 - Miscellaneous

160. Obligations of practitioners not affected
161. Regulation

PART 2.8 - LEGAL PRACTICE BY FOREIGN LAWYERS

Division 1 - Preliminary

162. Main purpose of pt 2.8
163. Definitions for pt 2.8
164. This part does not apply to Australian legal practitioners

Division 2 - Practice of foreign law

165. Requirement for registration
166. Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction
167. Scope of practice
168. Form of practice
169. Application of Australian professional ethical and practice standards
170. Designation
171. Letterhead and other identifying documents
172. Advertising
173. Foreign lawyer employing Australian legal practitioner
174. Trust money and trust accounts
175. Professional indemnity insurance
176. Fidelity cover

Division 3 - Local registration of foreign lawyers generally

177. Local registration of foreign lawyers
178. Duration of registration
179. Local registered foreign lawyer is not officer of Supreme Court

Division 4 - Application for grant or renewal of local registration

180. Application for grant or renewal of registration
181. Manner of application
182. Requirements regarding applications for the grant or renewal of registration

Division 5 - Grant or renewal of registration

183. Grant or renewal of local registration
184. Requirement to grant or renew registration if criteria satisfied
185. Refusal to grant or renew registration

Division 6 - Amendment, suspension or cancellation of local registration

186. Application of pt 2.8, div 6
187. Grounds for amending, suspending or cancelling registration
188. Amending, suspending or cancelling registration
189. Operation of amendment, suspension or cancellation of registration
190. Other ways of amending or cancelling registration
191. Relationship of this division with ch 4

Division 7 - Special powers in relation to local registration—show cause events

192. Applicant for local registration—show cause event
193. Locally registered foreign lawyer—show cause event
194. Refusal, amendment, suspension or cancellation of local registration—failure to show cause
195. Restriction on making further applications
196. Relationship of this division with pt 4.6 and ch 6

Division 8 - Further provisions relating to local registration

197. Immediate suspension of registration
198. Surrender of local registration certificate and cancellation of registration
199. Automatic cancellation of registration on grant of practising certificate
200. Suspension or cancellation of registration not to affect disciplinary processes
201. Return of local registration certificate on amendment, suspension or cancellation of registration

Division 9 - Conditions on registration

202. Conditions generally
203. Conditions imposed by law society
204. Statutory condition regarding notification of offence
205. Conditions imposed by regulation
206. Compliance with conditions

Division 10 - Interstate-registered foreign lawyers

207. Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction
208. Additional conditions on practice of interstate-registered foreign lawyers

Division 11 - Miscellaneous

209. Consideration and investigation of applicants and locally registered foreign lawyers
210. Register of locally registered foreign lawyers
211. Publication of information about locally registered foreign lawyers
212. Supreme Court orders about conditions
213. Exemption by law society
214. Membership of professional association
215. Refund of fees

CHAPTER 3 - CONDUCT OF LEGAL PRACTICE

PART 3.1 - PRELIMINARY

216. Simplified outline of ch 3

PART 3.2 - MANNER OF LEGAL PRACTICE

Division 1 - Preliminary

217. Main purposes of pt 3.2
218. Definitions for pt 3.2

Division 2 - Rules for Australian legal practitioners and other individuals

219. Rules for Australian legal practitioners engaged in practice as solicitors and others
220. Rules for Australian legal practitioners engaged in practice in the manner of barristers
221. Legal profession rules may provide for application to government legal officers
222. Subject matter of legal profession rules
223. Public notice of proposed legal profession rules

Division 3 - Rules for incorporated legal practices and multi-disciplinary partnerships

224. Rules

Division 4 - Notice about making of legal professional rules and role of committee

225. Minister to give notice of solicitors and barristers rules
226. Monitoring role of committee

Division 5 - General provisions for legal profession rules

227. Binding nature of legal profession rules
228. Legal profession rules may prohibit practices relating to mortgage financing
229. Relationship of legal profession rules to this Act and regulation
230. Availability of rules

Division 6 - Administration rules

231. Rules other than legal profession rules
232. Indemnity rules
233. Relationship of administration rules to this Act and regulation
234. Relationship between legal profession rules and administration rules
235. Availability of administration rules

PART 3.3 - TRUST MONEY AND TRUST ACCOUNTS

Division 1 - Preliminary

236. Main purposes of pt 3.3
237. Definitions for pt 3.3
238. Money involved in financial services or investments
239. Decisions about status of money
240. Application of part to law practices and trust money
241. Protocols for deciding where trust money is received
242. When money is received
243. Discharge by legal practitioner associate of obligations of law practice
244. Liability of principals of law practice
245. Former practices, principals and associates
246. Barristers not to receive trust money

Division 2 - Trust accounts and trust money generally

247. Keeping general trust account
248. Certain trust money to be deposited in general trust account
249. Holding, disbursing and accounting for trust money
250. Withdrawing trust money from general trust account
251. Controlled money
252. Withdrawing controlled money from controlled money account
253. Transit money
254. Trust money subject to specific powers
255. Trust money received in the form of cash
256. Protection of trust money
257. Intermixing money
258. Dealing with trust money—legal costs and unclaimed money
259. Deficiency in trust account
260. Reporting certain irregularities and suspected irregularities
261. Keeping trust records
262. False names

Division 2A - Disputes about trust money for sales of lots and proposed lots

262A. Application of div 2A
262B. When amount held for sale of lot or proposed lot may be paid

Division 3 - Investigations

263. Investigations
264. Investigator’s report
265. When costs of investigation are debt
266. Law society or commissioner may give information to professional accounting association

Division 4 - External examinations

267. Appointment and qualifications of external examiner
268. Law practice must have trust records externally examined
269. Restriction on appointment of associates as external examiner
270. Law practice to give notice of external examiner
271. Notice if person stops being external examiner
272. Examination of affairs in examining trust records
273. Carrying out external examination
274. External examiner’s report on external examination
275. External examiner to give other reports
276. Final examination of trust records
277. Law practice liable for costs of examination
278. Disqualification of person as external examiner
279. Offence about carrying on external examination

Division 5 - Provisions relating to ADIs

280. Approval of ADIs
281. ADIs not subject to certain obligations and liabilities
282. Reports, records and information
283. (Repealed)
284. (Repealed)
285. (Repealed)
286. (Repealed)
287. Arrangement with ADI
288. (Repealed)
289. (Repealed)
290. (Repealed)
291. (Repealed)

Division 7 - Miscellaneous

292. Restrictions on receipt of trust money
293. Application of Act to incorporated legal practices and multi-disciplinary partnerships
294. Disclosure to clients—money not received or held as trust money
295. Disclosure of accounts used to hold money entrusted to legal practitioners
296. Report about law society’s functions
297. Report about law practice
298. Regulation-making power relating to trust money and trust accounts

PART 3.4 - COSTS DISCLOSURE AND ASSESSMENT

Division 1 - Preliminary

299. Main purposes of pt 3.4
300. Definitions for pt 3.4
301. Terms relating to third party payers

Division 2 - Application of this part

302. Application of part—first instructions rule
303. Part also applies by agreement or at client’s election
304. Displacement of part
305. How and where does a client first instruct a law practice
306. When does a matter have a substantial connection with this jurisdiction
307. What happens when different laws apply to a matter

Division 3 - Costs disclosure

307A. When disclosure is not required
307B. Abbreviated disclosure of costs to clients
308. Detailed disclosure of costs to clients
309. Disclosure if another law practice is to be retained
310. When disclosure must be made
310A. How disclosure must be made
311. Exceptions to requirement for disclosure
312. Additional disclosure—settlement of litigious matters
313. Additional disclosure—uplift fees
314. Form of disclosure
315. Ongoing obligation to disclose
316. Effect of failure to disclose
317. Progress reports
318. Disclosure to associated third party payers

Division 4 - Legal costs generally

319. On what basis are legal costs recoverable
320. Security for legal costs
321. Interest on unpaid legal costs

Division 5 - Costs agreements

322. Making costs agreements
323. Conditional costs agreements
324. Conditional costs agreements involving uplift fees
325. Contingency fees are prohibited
326. Effect of costs agreement
327. Particular costs agreements are void
328. Setting aside costs agreements

Division 6 - Billing

329. Legal costs can not be recovered unless bill has been served
330. Bills
331. Notification of client’s rights
332. Request for itemised bill
333. Interim bills

Division 7 - Costs assessment

334. Definition for div 7
335. Application by clients or third party payers for costs assessment
336. Application for costs assessment by law practice retaining another law practice
337. Application for costs assessment by law practice giving bill
338. Consequences of application
339. Persons to be notified of application
340. Assessment of complying costs agreements
341. Criteria for assessment
342. Costs of assessment
343. Referral for disciplinary action
344. Contracting out of div 7 by sophisticated clients etc.

Division 8 - Speculative personal injury claims

345. Main purpose of div 8
346. Definition for div 8
347. Maximum amount law practice may charge and recover for conduct of speculative personal injury claim

Division 9 - Miscellaneous

348. Application of part to incorporated legal practices and multi-disciplinary partnerships
349. Imputed acts, omission or knowledge
350. (Repealed)
351. (Repealed)
352. (Repealed)

PART 3.5 - PROFESSIONAL INDEMNITY INSURANCE

353. Professional indemnity insurance
354. Continuing obligation for professional indemnity insurance

PART 3.6 - FIDELITY COVER

Division 1 - Preliminary

355. Main purpose of pt 3.6
356. Definitions for pt 3.6
357. Application of pt 3.6
358. Time of default

Division 2 - Fidelity fund

359. Establishment of fidelity fund
360. Insurance
361. Limitation on borrowing powers of law society for fidelity fund
362. Fund to be kept in separate account
363. Moneys payable into fidelity fund
364. Expenditure from fund
365. Audit of accounts
366. Law society may delegate its powers in relation to the fidelity fund to a committee of management
367. Reporting requirements
368. Contribution to fidelity fund
369. Levy for benefit of fidelity fund
370. Law society may advance moneys from its general funds to fidelity fund

Division 3 - Defaults to which this part applies

371. Meaning of relevant jurisdiction
372. Defaults to which this part applies
373. Defaults relating to financial services or investments

Division 4 - Claims about defaults

374. Claims about defaults
375. Time limit for making claims
376. Advertisements
377. Time limit for making claims following advertisement
378. Claims not affected by certain matters
379. Investigation of claims
380. Advance payments

Division 5 - Deciding claims

381. Law society to decide claim
382. Maximum amount allowable
383. Costs
384. Interest
385. Reduction of claim because of other benefits
386. Subrogation
387. Proceedings brought under right of subrogation
388. Repayment of surplus amount
389. Notification of delay in making decision
390. Notification of decision

Division 6 - Right of action against external examiner

391. External examiner guilty of neglect

Division 7 - Review

392. Review of decision on claim
393. Review of failure to decide claim within 1 year
394. Proceedings on review

Division 8 - Payments from fidelity fund for defaults

395. Payments for defaults
396. Limiting payments from fidelity fund to capped amount
397. Sufficiency of fidelity fund

Division 9 - Claims by law practices or associates

398. Claims by law practices or associates about defaults
399. Claims by law practices or associates about notional defaults

Division 10 - Defaults involving interstate elements

400. Concerted interstate defaults
401. Defaults involving interstate elements if committed by 1 associate only

Division 11 - Inter-jurisdictional provisions

402. Protocols
403. Forwarding claims to corresponding authority in another jurisdiction
404. Investigation of defaults to which this part applies
405. Investigation of defaults to which a corresponding law applies
406. Investigation of concerted interstate defaults and other defaults involving interstate elements
407. Recommendations by law society to corresponding authority
408. Recommendations to and decisions by law society after receiving recommendations from corresponding authority
409. Request to another jurisdiction to investigate aspects of claim
410. Request from another jurisdiction to investigate aspects of claim
411. Cooperation with other authorities

Division 12 - Miscellaneous

412. Interstate legal practitioner becoming authorised to withdraw from local trust account
413. Application of part to incorporated legal practices
414. Application of part to multi-disciplinary partnerships
415. Application of part to Australian lawyers whose practising certificates have lapsed

CHAPTER 4 - COMPLAINTS AND DISCIPLINE

PART 4.1 - PRELIMINARY

416. Main purposes of ch 4
417. Application of chapter to lawyers, former lawyers and former practitioners

PART 4.2 - KEY CONCEPTS

418. Meaning of unsatisfactory professional conduct
419. Meaning of professional misconduct
420. Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
421. Meaning of respondent

PART 4.3 - APPLICATION OF THIS CHAPTER

422. Practitioners to whom this chapter applies
423. Conduct to which this chapter applies—generally
424. Conduct to which this chapter applies—insolvency, serious offences and tax offences
425. Chapter also applies to law practice employees
426. (Repealed)
427. Chapter also applies to unlawful operators

PART 4.4 - COMPLAINTS ABOUT AUSTRALIAN LEGAL PRACTITIONERS

428. Conduct about which complaint may be made
429. Making a complaint
430. Complaints made over 3 years after conduct concerned
431. Further information and verification
432. Summary dismissal of complaints
433. Withdrawal of complaints
434. Commissioner may delay dealing with complaint
435. Referral by commissioner to law society or bar association
436. Commissioner investigating a complaint or investigation matter
437. Respondent to be notified of complaint or investigation matter
438. Submissions by respondent
439. Role of law society or bar association

PART 4.5 - MEDIATION FOR COMPLAINTS INVOLVING CONSUMER DISPUTE

440. Definition for pt 4.5
441. Mediation of complaint involving consumer dispute solely
442. Mediation of hybrid complaint

PART 4.6 - INVESTIGATIONS

443. Powers for investigations
444. Referral of costs for assessment
445. Regulation may provide for covering cost of assessment under s 443 or 444
446. Powers of commissioner relating to complaint or investigation matter relating to unlawful operator

PART 4.7 - DECISION OF COMMISSIONER

447. Decision of commissioner to start proceeding under ch 4
448. Dismissal of complaint
449. Record of decision

PART 4.8 - GENERAL PROCEDURAL MATTERS

450. Duty to deal with complaints efficiently and expeditiously
451. Duty to inform complainant about action taken for complaint

PART 4.9 - PROCEEDINGS IN DISCIPLINARY BODY

452. Starting proceeding before a disciplinary body
453. Hearings
454. Joinder by committee
455. Variation of discipline application
456. Decisions of tribunal about an Australian legal practitioner
457. Enforcement of orders etc.
458. Decisions of committee about discipline application
459. Orders to be filed in Supreme Court and information notices to be given to parties etc.
460. Interlocutory and interim orders
461. Compliance with decisions and orders
462. Costs
462A. Institution of proceedings by the commissioner
463. Other remedies not affected

PART 4.10 - COMPENSATION ORDERS

464. Meaning of compensation order
465. Compensation order relating to pecuniary loss
466. Effect of compensation order
467. Other remedies not affected

PART 4.10A - APPEALS FROM DECISIONS OF DISCIPLINARY BODIES

468. Appeal may be made to Court of Appeal from tribunal’s decision
469. Application to tribunal for review of committee’s decision
470. Appeal to Court of Appeal in relation to a decision of committee

PART 4.11 - PUBLICISING DISCIPLINARY ACTION

471. Definition for pt 4.11
472. Discipline register
473. Other means of publicising disciplinary action
474. Quashing of disciplinary action
475. Liability for publicising disciplinary action
476. Disciplinary action taken because of infirmity, injury or illness
477. General provisions about disclosure of information

PART 4.12 - INTER-JURISDICTIONAL PROVISIONS

478. Protocols
479. Request to another jurisdiction to investigate complaint or investigation matter
480. Request from another jurisdiction to investigate complaint
481. Sharing of information with corresponding authorities
482. Cooperation with other authorities
483. Request for information relevant to a complaint or investigation matter
484. Compliance with recommendations or orders made under corresponding laws
485. Other powers or functions not affected

PART 4.13 - MISCELLANEOUS

486. Information about complaints procedure
487. Protection from liability for notification of conduct or making a complaint
488. Failure to comply with order of a disciplinary body
489. Performance criteria
490. Annual and other reports to the Minister
491. Confidentiality of client communications
492. Waiver of legal professional privilege or benefit of duty of confidentiality

CHAPTER 5 - EXTERNAL INTERVENTION

PART 5.1 - PRELIMINARY

493. Main purpose of ch 5
494. Definitions for ch 5
495. Application of ch 5
496. Application of chapter to other persons

PART 5.2 - STARTING EXTERNAL INTERVENTIONS

497. Circumstances warranting external intervention
498. Decision regarding external intervention

PART 5.3 - SUPERVISORS OF TRUST MONEY

499. Appointment of supervisor of trust money
500. Notice of appointment
501. Effect of service of notice of appointment
502. Role of supervisor of trust money
503. Records of law practice under supervision
504. Termination of supervisor’s appointment

PART 5.4 - MANAGERS

505. Appointment of manager
506. Notice of appointment
507. Effect of service of notice of appointment
508. Role of manager
509. Records and accounts of law practice under management
510. Deceased estates
511. Termination of manager’s appointment

PART 5.5 - RECEIVERS

512. Appointment of receiver
513. Notice of appointment
514. Effect of service of notice of appointment
515. Role of receiver
516. Records and accounts of law practice under receivership
517. Power of receiver to take possession of regulated property
518. Power of receiver to take delivery of regulated property
519. Power of receiver to deal with regulated property
520. Power of receiver to require documents or information
521. Examinations
522. Lien for costs on regulated property of the law practice
523. Regulated property of a law practice is not to be attached
524. Recovery of regulated property where there has been a breach of trust etc.
525. Improperly destroying property etc.
526. Deceased estates
527. Termination of receiver’s appointment

PART 5.6 - GENERAL

528. Conditions on appointment of external intervener for a law practice
529. Status of acts of external intervener for a law practice
530. Eligibility for reappointment or authorisation
531. Appeal against appointment
532. Directions of Supreme Court
533. Manager and receiver appointed for law practice
534. ADI disclosure requirements
535. Fees, legal costs and expenses
536. Reports by external intervener for law practice
537. Confidentiality for external intervener for law practice
538. Provisions relating to requirements under this chapter
539. Obstruction of external intervener

CHAPTER 5A - PROVISIONS FOR OFFENCES UNDER PERSONAL INJURIES PROCEEDINGS ACT 2002

539A. Application of chapter
539B. Commissioner may investigate external entity

CHAPTER 6 - INVESTIGATIONS

PART 6.1 - PRELIMINARY

540. Main purpose of ch 6
541. Definitions for ch 6

PART 6.2 - REQUIREMENTS RELATING TO DOCUMENTS, INFORMATION AND OTHER ASSISTANCE

542. Requirements that may be imposed for investigations, examinations and audits under parts 3.3 and 2.7
543. Requirements that may be imposed for investigations under ch 4 or 5A
544. Provisions relating to requirements under this part

PART 6.3 - ENTRY TO PLACES

545. Power to enter places
546. Entry with consent
547. Application for warrant
548. Issue of warrant
549. Application by electronic communication and duplicate warrant
550. Defect in relation to a warrant
551. Warrants—procedure before entry

PART 6.4 - POWERS OF INVESTIGATORS AFTER ENTRY

552. General powers of investigator after entering places
553. Power to require reasonable help or information

PART 6.5 - POWER OF INVESTIGATORS TO SEIZE EVIDENCE

554. Seizing evidence at place entered under s 545
555. Securing seized things
556. Tampering with seized things
557. Powers to support seizure
558. Receipt for seized things
559. Forfeiture of seized things
560. Dealing with forfeited things etc.
561. Return of seized things
562. Access to seized things

PART 6.6 - GENERAL ENFORCEMENT MATTERS

563. Notice of damage
564. Compensation
565. False or misleading information
566. False or misleading documents
567. Obstructing investigators
568. Impersonation of investigators
568A. Extraterritorial application of chapter for particular matters

PART 6.7 - PROVISIONS ABOUT INVESTIGATIONS RELATING TO INCORPORATED LEGAL PRACTICES

569. Definition for pt 6.7
570. Application of part to audits and investigations
571. Examination of persons
572. Inspection of books
573. Power to hold hearings
574. Failure to comply with investigation

PART 6.8 - INVESTIGATORS

575. Appointment, qualifications etc. of investigators
576. Appointment conditions and limit on powers
577. Issue of identity card
578. Production or display of identity card
579. When investigator ceases to hold office
580. Resignation
581. Return of identity card

CHAPTER 6A - SPECIAL INVESTIGATORS

581A. Definitions for chapter
581B. Reference to document includes reference to reproductions from electronic document
581C. Appointment of special investigator
581D. Powers of special investigators
581E. Documents produced to special investigator
581F. Examination of investigated entity or associated person
581G. Self-incrimination and legal professional privilege
581H. Failure of person to comply with requirement of special investigator
581I. Recording of examination
581J. Report of special investigator
581K. Documents taken during investigation
581L. Costs of investigation
581M. Other offences about investigations
581N. Evidential immunity for individuals complying with particular requirements
581O. Extraterritorial application of chapter

CHAPTER 7 - ESTABLISHMENT OF ENTITIES FOR THIS ACT, AND RELATED MATTERS

PART 7.1 - LEGAL SERVICES COMMISSIONER

Division 1 - Preliminary

582. Main purposes of pt 7.1

Division 2 - Appointment

583. Legal Services Commissioner
584. Appointment
585. Term of appointment
586. Remuneration and conditions
587. Acting commissioner
588. Termination of appointment
589. Resignation of commissioner

Division 3 - Functions

590. Functions

Division 4 - Legal Services Commission

591. Establishment of commission
592. Staff and other resources
593. Preservation of rights if public service officer appointed or engaged
594. Preservation of rights if person becomes public service officer
595. Preservation of rights if public service officer seconded

Division 5 - Miscellaneous matters about the commissioner

596. Delegation
597. Arrangements with regulatory authority about copies of documents

PART 7.2 - PROVISIONS ABOUT PROCEEDINGS BEFORE TRIBUNAL

Division 1 - Constitution of tribunal

598. Constitution of tribunal

Division 2 - Panels, panel members and related matters

599. Panel to help the tribunal hear and decide discipline application
600. (Repealed)
601. (Repealed)
602. (Repealed)
603. (Repealed)
604. (Repealed)
605. (Repealed)
606. (Repealed)
607. Establishment of panels for helping the tribunal
608. Appointment of panel members
609. Remuneration and appointment conditions of panel members
610. Termination of appointment
611. Resignation of members
612. Disclosure of interests
613. Protection of panel members
614. (Repealed)
615. (Repealed)
616. (Repealed)
617. (Repealed)
618. (Repealed)

PART 7.3 - LEGAL PRACTICE COMMITTEE

Division 1 - Preliminary

619. Main purpose of pt 7.3
620. Definitions for pt 7.3

Division 2 - Establishment, membership of committee, functions and powers

621. Establishment of committee
622. Committee members
623. Term of appointment
624. Functions and powers of committee
625. Administrative support

Division 3 - Provisions about committee members

626. Eligibility for membership
627. Termination of office
628. Resignation of committee member
629. Deputy chairperson
630. Remuneration and allowances of lay members

Division 4 - Provisions about committee performing advisory functions

631. Application of pt 7.3, div 4
632. Conduct of business
633. Time and place of meeting
634. Quorum
635. Presiding at meetings
636. Conduct of meetings
637. Minutes
638. Disclosure of interests

Division 5 - Provisions applying to committee for hearings

639. Constitution of committee for hearing
640. Conduct of committee for hearing and deciding discipline applications
641. Disclosure of interests
642. Protection of members etc.

PART 7.4 - OTHER PROVISIONS APPLYING TO COMMITTEE FOR DISCIPLINE APPLICATIONS

Division 1 - Parties to proceedings before committee

643. Parties

Division 2 - Conduct of proceedings

644. Public hearings
645. Procedure for hearing by committee
646. Recording evidence
647. Committee may proceed in absence of party or may adjourn hearing
648. Matter may be decided on affidavit evidence
649. Standard of proof
650. Prohibited publication about hearing of a disciplinary application

Division 3 - Powers of committee

651. Power to disregard procedural lapses
652. Directions for hearings
653. Attendance notice
654. Authentication of documents

Division 4 - Offences

655. False or misleading information
656. False or misleading documents

PART 7.4A - PROVISIONS APPLYING TO TRIBUNAL FOR DISCIPLINE APPLICATIONS

656A. Application of pt 7.4A
656B. Entitlement to appear at hearing
656C. Standard of proof
656D. Prohibited publication about hearing of a discipline application
656E. Power to disregard procedural lapses

PART 7.5 - LEGAL PRACTITIONERS ADMISSIONS BOARD

Division 1 - Preliminary

657. Main purpose of pt 7.5
658. Definitions for pt 7.5

Division 2 - Establishment and membership of board

659. Establishment of board
660. Members of board

Division 3 - Board’s functions and powers

661. Functions and powers of board etc.
662. Administrative support and legal services
662A. Australian legal practitioner does not breach practising certificate by providing legal service to board

Division 4 - Provisions about board members

663. Term of appointment
664. Chairperson and deputy chairperson
665. Eligibility for membership
666. Termination of appointment
667. Resignation of board member

Division 5 - Board business

668. Conduct of business
669. Times and places of meetings
670. Quorum
671. Presiding at meetings
672. Conduct of meetings
673. Minutes
674. Disclosure of interests

Division 6 - Miscellaneous

675. Delegation
676. Application of particular Acts to board

PART 7.6 - QUEENSLAND LAW SOCIETY INCORPORATED

Division 1 - Preliminary

677. Main purpose of pt 7.6
678. Definitions for pt 7.6

Division 2 - Constitution and related matters about the law society

679. Establishment of Queensland Law Society
680. Functions of the law society
681. General powers of the law society
682. Status of the law society because of its establishment in Act
683. Delegation

Division 3 - Membership of law society

684. Membership of law society

Division 4 - Council and its membership and officers of the law society

685. Council of the law society
686. President, deputy president and vice-president of the law society
687. Dealing with casual vacancy
688. No defect because of vacancy
689. Secretary and other staff of the law society

Division 5 - Council meetings

690. Conduct of business at meetings
691. Presiding at meetings
692. Quorum
693. Conduct of council meetings
694. Minutes
695. Disclosure of interest

Division 6 - Law society may make rules

696. Rules
697. Notice by Minister about law society making rules
698. Availability of society rules

Division 7 - Miscellaneous

699. Starting proceedings
700. Recovery of unpaid amount

CHAPTER 8 - GENERAL

PART 8.1 - GENERAL PROVISIONS

Division 1 - Liabilities, injunctions, protection of information etc.

701. Liability of principals
702. (Repealed)
703. Injunctions
704. Disclosure of information by commissioner, regulatory authorities and other entities
705. Confidentiality of information
706. Duty of relevant entities to report suspected offences
707. Protection from liability

Division 2 - Offences, starting proceedings and evidentiary and other matters

708. Offences are summary offences
709. Limitation on time for starting summary proceeding
710. Appointments and authority
711. Signatures
712. Evidentiary aids—documents
713. Dealing with particular trust money and trust property
713A. Destruction of client documents

PART 8.2 - MACHINERY PROVISIONS

714. Approved forms
715. Regulation-making power

CHAPTER 9 - TRANSITIONAL, SAVINGS AND REPEAL PROVISIONS FOR LEGAL PROFESSION ACT 2007

PART 9.1 - PURPOSES, DEFINITIONS AND GENERAL APPROACH

716. Main purposes of ch 9
717. Definitions for ch 9
718. Authorised actions and documents etc. under previous provision
719. Things continued in force under Legal Profession Act 2004
720. Terminology in things mentioned in s 718(1)
721. Period stated in previous provision
722. Period or date stated in document given under previous provision
723. Acts Interpretation Act 1954, s 20 not limited

PART 9.2 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 2

724. Act or omission happening before commencement may be relevant to proceeding for particular acts or omissions
725. Examples for ch 2 of things under s 718

PART 9.3 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 3

Division 1 - Examples for chapter 3

726. Examples for ch 3 of things under s 718

Division 2 - Matters dealt with in part 3.3

727. Continued application of Trust Accounts Act 1973
728. Provision about application of s 268
729. Provision about application of s 270
730. Provision about application of s 276
731. Provision about application of s 278

Division 3 - Matters dealt with in part 3.4

Subdivision 1 - Preliminary

732. Definitions for pt 9.3, div 3
733. General application of pt 3.4

Subdivision 2 - Client agreements

734. Client agreements may be entered into despite pt 3.4
735. Application of part 3.4 to client agreements etc.
736. Failure to comply with Queensland Law Society Act 1952 after commencement and before relevant day

Subdivision 3 - Billing

737. Application of pt 3.4, div 6

Subdivision 4 - Costs assessments

738. All costs assessments to be under pt 3.4, div 7
739. Costs assessment started before commencement

Division 4 - Matters dealt with in part 3.6

740. Amounts payable to and from the fidelity fund before commencement
741. Delegation to committee of management before commencement
742. Claims for acts or omissions happening before commencement
743. Reference in s 377 to previous sections
744. Right of subrogation to continue despite repeal
745. Payments for defaults under previous ch 2, pt 7

PART 9.4 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 4

746. Examples for ch 4 of things under s 718

PART 9.5 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 5

747. Examples for ch 5 of things under s 718

PART 9.6 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 6

748. Examples for ch 6 of things under s 718

PART 9.7 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 7

749. Examples for ch 7 of things under s 718

PART 9.8 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 8

750. Examples for ch 8 of things under s 718
751. (Expired)

PART 9.10 - REPEAL OF THE LEGAL PROFESSION ACT 2004

752. Repeal of Legal Profession Act 2004

PART 9.11 - PROVISIONS RELATING TO TRUST ACCOUNTS ACT 1973

753. Definitions for pt 9.11
754. Trust accounts and trust moneys under Trust Accounts Act
755. Accounting and other records
756. Dealing with particular trust moneys
757. Provision about particular auditors and audits
758. Continuing application of Trust Accounts Act, s 5
759. Continuing application of Trust Accounts Act, ss 12 and 13
760. Continuing application of Trust Accounts Act, s 14(2) and (3)
761. Continuing application of Trust Accounts Act, ss 15 and 16
762. Continuing application of Trust Accounts Act, s 17
763. Continuing application of Trust Accounts Act, s 19
764. Continuing application of Trust Accounts Act, s 28A
765. Continuing application of Trust Accounts Act, s 30
766. Continuing application of Trust Accounts Act, s 33

PART 9.12 - REPEAL OF QUEENSLAND LAW SOCIETY ACT 1952

767. Repeal of the Queensland Law Society Act 1952
768. Transitional provision about examination of accounts under Queensland Law Society Act 1952
769. Another transitional provision for repeal of Queensland Law Society Act 1952

CHAPTER 10 - OTHER TRANSITIONAL PROVISIONS

PART 1 - (Repealed)

PART 2 - TRANSITIONAL PROVISIONS FOR QCAT AMENDMENT ACT

772. Definitions for pt 2
773. Acts Interpretation Act 1954, section 20 not limited
774. Particular court decisions continue
775. Particular notification giving requirement continues
776. Particular orders taken to be orders of QCAT
777. Authentication of documents continues

PART 3 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2010

778. Amended definition of previous admission rules

PART 4 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2013

779. Application of amendments made by Justice and Other Legislation Amendment Act 2013
780. Amendment of regulation by Justice and Other Legislation Amendment Act 2013

PART 5 - TRANSITIONAL PROVISIONS FOR THE LIMITATION OF ACTIONS (CHILD SEXUAL ABUSE) AND OTHER LEGISLATION AMENDMENT ACT 2016

781. Existing approved ADIs
782. Existing arrangements with ADIs
783. Closure of Legal Practitioner Interest on Trust Accounts Fund

PART 6 - TRANSITIONAL PROVISIONS FOR COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017

784. Application of s 9(1) and additional obligation to disclose suitability matter
785. Application of amended show cause event definition and additional obligation to give notice and statement

PART 7 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2020

786. Application of ss 9 and 46 and additional obligation to disclose suitability matters

PART 8 - TRANSITIONAL PROVISION FOR CRIMINAL CODE (CONSENT AND MISTAKE OF FACT) AND OTHER LEGISLATION AMENDMENT ACT 2021

787. Law society must make additional payments for claims limited under former s 396

PART 9 - TRANSITIONAL PROVISION FOR PERSONAL INJURIES PROCEEDINGS AND OTHER LEGISLATION AMENDMENT ACT 2022

788. Application of s 347
SCHEDULE 2

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