Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 158

158 Prohibition on partnership with particular partner who is not an Australian legal practitioner

(1) This section applies to a person who—

(a) is not an Australian legal practitioner; and

(b) is or was a partner of an Australian legal practitioner.

(2) The Supreme Court may, on application by the commissioner or the law society, make an order prohibiting an Australian legal practitioner from being a partner of a person to whom this section applies and who is stated in the order in relation to a business that includes the provision of legal services if the court is satisfied that—

(a) the person is not a fit and proper person to be a partner; or

(b) the person has been found guilty of conduct that, if the person were an Australian legal practitioner, would have constituted unsatisfactory professional conduct or professional misconduct; or

(c) for a corporation—the corporation has, under section 132 , been disqualified from providing legal services in this jurisdiction or there are grounds for disqualifying the corporation from providing legal services in this jurisdiction.

(3) An order made under this section may be revoked by the Supreme Court on application by the law society, the commissioner or by the person against whom the order was made.

(4) The death of an Australian legal practitioner does not prevent an application being made for, or the making of, an order under this section in relation to a person who was a partner of the practitioner.

(5) A regulation may make provision about the publication and notification of orders made under this section.