Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 265

265 When costs of investigation are debt

(1) If—

(a) an investigator states in his or her report of a part 3.3 investigation that there is evidence that a breach of this Act has been committed or that a default has happened in relation to the law practice whose affairs are under investigation; and

(b) the law society is satisfied that the breach or default is wilful or of a substantial nature;

the law society may decide that the whole or part of the costs of carrying out the investigation is payable to the society and may decide the amount payable.

(2) The amount decided by the law society is a debt payable to the society by the law practice whose affairs are under investigation.

(3) The law society must, before seeking to recover the amount payable, give the law practice an information notice about the decision and the amount payable.

(4) The law practice may appeal, to a court having jurisdiction for the amount payable, against the decision within 28 days after the day the information notice is given to the practice.