Queensland Consolidated Regulations

LEGAL PROFESSION REGULATION 2017

- Made under the Legal Profession Act 2007
- As at 1 March 2024
- Reg 174 of 2017

TABLE OF PROVISIONS

   PART 1.1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   2A.     Rounding of amounts expressed as numbers of fee units

   PART 1.2 - INTERPRETATION

   3.      Definitions
   4.      Prescribed home jurisdiction criteria—Act, s 8
   5.      Prescribed agencies—Act, s 12
   6.      Prescribed community legal service—Act, sch 2, definition community legal service

   PART 2.2 - RESERVATION OF LEGAL WORK

   7.      Prescribed legal practice—Act, s 24

   PART 2.3 - ADMISSION OF LOCAL LAWYERS

   8.      Prescribed fees—Act, s 42

   PART 2.4 - LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS

   9.      Completion of periods of supervised legal practice
   10.     Prescribed particulars—Act, s 81

   PART 2.7 - INCORPORATED LEGAL PRACTICES AND MULTIDISCIPLINARY PARTNERSHIPS

   11.     Corporations prescribed as corporations that are not incorporated legal practices—Act, s 111
   12.     Prohibition on conduct of managed investment scheme by incorporated legal practice
   13.     Prescribed period for notice of termination of provision of legal services—Act, s 116
   14.     Disqualifications and prohibitions

   PART 2.8 - LEGAL PRACTICE BY FOREIGN LAWYERS

   15.     Prescribed legal services—Act, s 167
   16.     Application of particular provisions to Australian-registered foreign lawyers—Act, s 174
   17.     Application of pt 3.6 of the Act to particular locally registered foreign lawyers—Act, s 176
   18.     Locally registered foreign lawyers not covered by fidelity fund
   19.     Fees for application for grant or renewal of registration as foreign lawyer—Act, s 181
   20.     Written statement for show cause event—Act, s 192
   21.     Addressee for notification of offence—Act, s 204
   22.     Prescribed particulars—Act, s 210
   23.     Refund of fees—Act, s 215

   PART 3.2 - MANNER OF LEGAL PRACTICE

   24.     Government legal officers and application of legal profession rules
   25.     Prohibition on law practice and its associates acting as real estate agents for related transactions
   26.     Restriction on setting fees under administration rules

   PART 3.3 - TRUST MONEY AND TRUST ACCOUNTS

           Division 1 - Trust money and trust accounts

   27.     Definitions for division
   28.     Application of division
   29.     Keeping and printing trust records
   30.     Chronological record of information to be made
   31.     Requirements regarding computer accounting systems
   32.     Backups
   33.     Establishment of general trust account—Act, s 247
   34.     Receipting of trust money
   35.     Deposit records for trust money
   36.     Period for keeping direction for non-deposit of trust money in general trust account—Act, s 248
   37.     Payment by cheque
   38.     Payment by electronic funds transfer
   39.     Recording transactions in trust account cash books
   40.     Trust account receipts cash book
   41.     Trust account payments cash book
   42.     Recording transactions in trust ledger accounts
   43.     Journal transfers
   44.     Reconciliation of trust records
   45.     Trust ledger account in name of law practice or legal practitioner associate
   46.     Notification requirements regarding general trust accounts
   47.     Way in which controlled money accounts must be kept—Act, s 251
   48.     Receipt of controlled money
   49.     Period for keeping direction for deposit of controlled money—Act, s 251
   50.     Withdrawal of controlled money
   51.     Register of controlled money
   52.     Way in which transit money must be accounted for—Act, s 253
   53.     Trust account statements
   54.     Trust account statements for sophisticated clients
   55.     Register of investments
   56.     Accounting for trust money subject to specific powers—Act, s 254
   57.     Register of powers and estates in relation to trust money
   58.     Procedures and requirements for withdrawing trust money for legal costs—Act, s 258
   59.     Period for keeping trust records—Act, s 261
   60.     Keeping other records and information
   61.     Statements regarding receipt or holding of trust money
   62.     Exemption from requirement on law practice to have its trust records externally examined—Act, s 268
   63.     Law practice closing down, closing office or ceasing to receive or hold trust money
   64.     Prescribed professional accounting associations—Act, s 266
   65.     Prescribed qualifications and experience for appointment as external examiner—Act, s 267
   66.     Way in which external examination must be carried out—Act, s 273
   67.     Chief executive ensuring compliance relating to trust accounts

           Division 2 - Matters relating to trust money and trust accounts

   68.     Exemptions relating to stated requirement of pt 3.3—Act, s 298

   PART 3.4 - COSTS DISCLOSURE AND ASSESSMENT

   69.     When does a matter have a substantial connection with this jurisdiction
   70.     Exceptions to requirement for disclosure—Act, s 311
   71.     Additional disclosure—settlement of litigious matters—Act, s 312
   72.     Rate of interest on unpaid legal costs—Act, s 321

   PART 3.5 - PROFESSIONAL INDEMNITY INSURANCE

   73.     Requirements for professional indemnity insurance—Act, s 353

   PART 3.6 - FIDELITY COVER

   74.     Application of pt 3.6 of the Act to community legal services—Act, s 357
   74A.    Maximum payment from fidelity fund for educational and other programs—Act, s 364
   75.     Prescribed classes of local legal practitioners—Act, s 368
   75A.    Interest rate for amount payable for fidelity fund claim—Act, s 384
   76.     Capped amount—Act, s 396
   77.     Fidelity protocols—Act, s 402
   78.     Notice of interstate legal practitioner becoming authorised to withdraw from local trust account—Act, s 412
   78A.    Interest rate for particular claims—Act, s 787

   PART 4.6 - INVESTIGATIONS

   79.     Covering cost of assessment under s 443 or 444 of the Act—Act, s 445

   PART 4.9 - PROCEEDINGS IN DISCIPLINARY BODY

           Division 1 - Preliminary matters for discipline application

   80.     How to make a discipline application
   81.     Commissioner to serve copy of discipline application
   82.     Respondent to file and serve notice of address for service

           Division 2 - Other matters for discipline application

   83.     Substituted service
   84.     Address for service
   85.     Directions hearing
   86.     Setting down for hearing
   87.     List of documents
   88.     Affidavits

           Division 3 - General

   89.     Extending and shortening time
   90.     Effect of noncompliance with part

   PART 4.11 - PUBLICISING DISCIPLINARY ACTION

   91.     Particulars for discipline register—Act, s 472

   PART 5.1 - PRELIMINARY (FOR CHAPTER 5 OF THE ACT—EXTERNAL INTERVENTION)

   92.     Application of ch 5 of the Act to interstate legal practitioners—Act, s 495

   PART 6A - EXAMINATIONS UNDER CHAPTER 6A OF THE ACT

   92A.    Allowances and expenses for person required to attend for examination—Act, s 581F

   PART 9 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal

   93.     Repeal

           Division 2 - Transitional provision for SL No. 174 of 2017

   94.     Obligation to do thing indefinitely or within or for stated period

           Division 3 - Transitional provision for Legal Profession (Community Legal Service Practitioners) Amendment Regulation 2018

   95.     Payment for financial year ending on 30 June 2018
           SCHEDULE 1
           SCHEDULE 2