Tasmanian Numbered Regulations

LEGAL PROFESSION REGULATIONS 2008 (S.R. 2008, NO. 149)

- (S.R. 2008, NO. 149)

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Class of relationships for purposes of section 7 of Act
   5.      Default determination of associate's home jurisdiction

   PART 2 - General Requirements for Engaging in Legal Practice

           Division 1 - Reservation of legal work and legal titles

   6.      Prohibition on engaging in legal practice when not entitled
   7.      Presumptions about taking or using name, title or description

           Division 2 - Legal practice: Australian legal practitioners

   8.      Completion of periods of supervised legal practice
   9.      Register of local practising certificates
   10.     Australian Government Solicitor
   11.     Practising certificate applications

           Division 3 - Incorporated legal practices and multi-disciplinary partnerships

   12.     Prohibition on conduct of managed investment scheme by incorporated legal practice
   13.     Notice of termination of provision of legal services
   14.     Disqualifications and prohibitions

           Division 4 - Legal practice: foreign lawyers

   15.     Scope of practice
   16.     Trust money and trust accounts
   17.     Guarantee Fund
   18.     Locally registered foreign lawyers not covered by Guarantee Fund
   19.     Register of locally registered foreign lawyers

   PART 3 - Trust Money and Trust Accounts

   20.     Interpretation
   21.     Conditions on approval of ADIs
   22.     Application of regulations 23 , 24 , 25 and 26
   23.     Copies of trust records to be printed
   24.     Chronological record of information to be made
   25.     Requirements regarding computer accounting systems
   26.     Back-ups
   27.     Establishment of general trust account
   28.     Receipting of trust money
   29.     Deposit records for trust money
   30.     Direction for non-deposit of trust money in general trust account
   31.     Payment by cheque
   32.     Payment by electronic funds transfer
   33.     Recording transactions in trust account cash books
   34.     Trust account receipts cash book
   35.     Trust account payments cash book
   36.     Recording transaction in trust ledger accounts
   37.     Journal transfers
   38.     Reconciliation of trust records
   39.     Trust ledger account in name of law practice or legal practitioner associate
   40.     Notification requirements regarding general trust accounts
   41.     Interstate legal practitioner becoming authorised to withdraw from local trust account: notification
   42.     Maintenance of controlled money accounts
   43.     Receipt of controlled money
   44.     Deposit of controlled money
   45.     Withdrawal of controlled money must be authorised
   46.     Register of controlled money
   47.     Information to be recorded about transit money
   48.     Trust account statements
   49.     Trust account statements for sophisticated clients
   50.     Register of investments
   51.     Trust money subject to specific powers
   52.     Register of powers and estates in relation to trust money
   53.     Withdrawing trust money for legal costs
   53A.    Deficiencies in trust accounts
   54.     Keeping of trust records
   55.     Keeping other records and information
   56.     Statements regarding receipt or holding of trust money
   57.     Requirement for external examinations
   58.     Prescribed form for law practice ceasing to be authorised to receive trust money or engage in legal practice
   59.     External examination of trust records
   60.     Law practice closing down, closing office or ceasing to receive or hold trust money
   60A.    Authority to receive trust money
   61.     Exemptions

   PART 4 - Costs Disclosure and Assessment

   62.     When does a matter have a substantial connection with this jurisdiction?
   63.     Disclosure of costs to clients – form
   64.     Exceptions to requirement for disclosure
   65.     Rate of interest on unpaid legal costs
   66.     Notification of client's rights – form

   PART 5 - Guarantee Fund

   67.     Protocols

   PART 6 - Complaints and Discipline

   68.     Register of Disciplinary Action
           SCHEDULE 1