Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 132

132 Banning of incorporated legal practices

(1) The Supreme Court may, on application of an ILP authority, make an order disqualifying a corporation from providing legal services in this jurisdiction for the period the court considers appropriate if the court is satisfied that—

(a) a ground for disqualifying the corporation under this section has been established; and

(b) the disqualification is justified.

(2) If the Supreme Court considers it appropriate, an order under this section may be made—

(a) subject to conditions as to the conduct of the incorporated legal practice; or

(b) subject to conditions as to when or in what circumstances the order is to take effect; or

(c) together with orders to safeguard the interests of clients or employees of the incorporated legal practice.

(3) Action may be taken against an incorporated legal practice on any of the following grounds—

(a) a legal practitioner director or an Australian legal practitioner who is an officer or employee of the corporation is found guilty of professional misconduct under a law of this jurisdiction or another jurisdiction;

(b) an ILP authority is satisfied, after conducting an audit of the incorporated legal practice, that the incorporated legal practice has failed to implement satisfactory management and supervision of its provision of legal services;

(c) the incorporated legal practice, or a related body corporate, has contravened section 112 or a regulation made under that section;

(d) the incorporated legal practice has contravened section 129 ;

(e) an officer of the incorporated legal practice who is acting in the management of the incorporated legal practice is the subject of an order—

(i) under section 133 or provisions of a corresponding law that correspond to that section; or

(ii) under section 158 or provisions of a corresponding law that correspond to that section.

(4) If a corporation is disqualified under this section, the ILP authority that applied for the order must notify the corresponding authority of every other jurisdiction.

(5) If a corporation is disqualified from providing legal services in another jurisdiction under a corresponding law, the commissioner may decide that the corporation is taken to be disqualified from providing legal services in this jurisdiction for the same period, but nothing in this subsection prevents an ILP authority from instead applying for an order under this section.

(6) A corporation that provides legal services in contravention of a disqualification under this section commits an offence.

Penalty—

Maximum penalty—

(a) for a person guilty under the Criminal Code , chapter 2 , of an offence—180 penalty units; or

(b) for a corporation—900 penalty units.

(7) A corporation that is disqualified under this section ceases to be an incorporated legal practice.

(8) Conduct of an Australian legal practitioner who provides legal services on behalf of a corporation in the capacity of an officer or employee of the corporation is capable of being unsatisfactory professional conduct or professional misconduct if the practitioner ought reasonably to have known that the corporation is disqualified under this section.

(9) A regulation may provide for the publication and notification of orders made under this section, including notification of corresponding authorities of other jurisdictions.