Victorian Numbered Acts Victorian Numbered ActsAct No. 99/2004
__________________
Victoria
No. 99 of 2004
[Assented to 14 December 2004]
ENDNOTES
Endnotes
[†] Minister's second reading speech—
Legislative Assembly: 16 November 2004
Legislative Council: 2 December 2004
The long title for the Bill for this Act was "to improve the regulation of the legal profession, principally by implementing national model provisions for the regulation of the profession and establishing new bodies responsible for regulating it, to facilitate the regulation of legal practice on a national basis across State and Territory borders, to repeal the Legal Practice Act 1996, to make consequential amendments to Acts and for other purposes."
INDEX
|
Subject |
Section |
|
Act |
|
|
amendments to other Acts |
8.1.2–8.1.3 |
|
commencement |
1.1.2 |
|
construction of references to Parts |
1.2.9 |
|
purpose |
1.1.1 |
|
repeals |
8.1.1 |
|
transitional provisions |
8.2.1, Sch. 2 |
|
Admission |
|
|
admission rules |
1.2.1, 2.3.12 |
|
admitted persons as officers of Supreme Court |
2.3.9 |
|
appeals |
2.3.11 |
|
applications |
2.3.4 |
|
conditions imposed under corresponding laws |
2.4.17 |
|
definition of admission to the legal profession |
1.2.1 |
|
eligibility |
2.3.2, 2.3.10 |
|
fees |
2.3.4, 2.3.5, 7.2.17 |
|
grounds for, requirements |
2.3.6 |
|
notice to other jurisdictions of certain matters |
2.6.3 |
|
oaths, affirmations of office |
2.3.6 |
|
purposes of Part 2.3 |
2.3.1 |
|
qualifications required |
2.3.2, 2.3.12 |
|
signing of roll by admitted persons |
2.3.7–2.3.8 |
|
suitability |
2.3.3, 2.3.10 |
|
suitability matters determined as not sufficient for refusing |
|
|
training requirements |
2.3.2, 2.3.12 |
|
transitional provisions |
Sch. 2 |
|
Advertising |
|
|
2.8.11 |
|
|
2.7.8, 2.7.18 |
|
|
2.7.47 |
|
|
by unqualified persons, bodies corporate |
2.2.3 |
|
Appeals |
|
|
regarding |
|
|
admissions |
2.3.11 |
|
appointment of external interveners |
5.6.4 |
|
approval of associates |
2.2.8 |
|
conveyancing businesses |
7.1.3 |
|
disqualified persons orders |
2.2.6 |
|
Fidelity Fund claims |
3.6.23–3.6.25 |
|
review of legal costs |
3.4.47 |
|
Approved clerks See Clerks |
|
|
Articles See Training |
|
|
Associates |
|
|
approval |
2.2.8 |
|
definition |
1.2.1, 1.2.4 |
|
disqualified persons, persons guilty of relevant offences as |
|
|
home jurisdiction (def.) |
1.2.1, 1.2.5 |
|
Subject |
Section |
|
lay associates, legal practitioner associates (defs) |
1.2.1, 1.2.4, 2.2.5 |
|
2.7.23 |
|
|
See also Defaults; External intervention; |
|
|
Attorney-General |
|
|
as member of Board of Examiners |
6.5.9, 6.5.15 |
|
as member of Council of Legal Education |
6.5.1, 6.5.5 |
|
powers, functions regarding |
|
|
Fidelity Fund |
6.7.19 |
|
interest on Fidelity Fund claims |
3.6.17 |
|
investigations in relation to competition |
3.2.20, 3.2.23–3.2.24 |
|
Legal Costs Committee |
3.4.25 |
|
legal profession rules |
3.2.13 |
|
Legal Services Board |
6.2.6, 6.2.9, 6.2.21–6.2.22, |
|
Legal Services Commissioner |
6.3.5–6.3.7, 6.3.9, 6.3.13–6.3.14 |
|
Liability Committee |
6.6.14 |
|
practitioner remuneration orders |
3.4.24 |
|
Public Purpose Fund |
6.7.6–6.7.10 |
|
|
|
|
definition |
1.2.1, 1.2.2 |
|
jurisdiction in which legal practice engaged in |
2.4.8 |
|
liability |
2.2.12, 7.2.11 |
|
professional misconduct, unsatisfactory conduct |
2.2.12 |
|
prohibited from practising if prisoners |
2.2.11 |
|
Australian legal practitioners |
|
|
co-advocacy |
3.2.2 |
|
death, deceased practitioners |
2.2.9, 2.7.50 |
|
definition |
1.2.1, 1.2.3 |
|
employed by foreign lawyers |
2.8.12 |
|
entitlement to practise in this jurisdiction |
2.4.2 |
|
foreign lawyers as employees, partners of |
2.8.7 |
|
home jurisdiction (def.) |
1.2.1, 1.2.5 |
|
investigations of effect on competition |
3.2.20–3.2.24 |
|
legal profession rules |
3.2.9, 3.2.11–3.2.13 |
|
permitting, assisting unqualified persons to practise |
2.2.10 |
|
professional obligations (def.) |
2.7.2 |
|
retired practitioners |
2.2.9 |
|
robing |
3.2.7 |
|
sharing of income from legal practice |
2.2.9 |
|
See also Incorporated legal practices;
|
|
|
Australian practising certificates |
|
|
contraventions of conditions |
2.4.4 |
|
definition |
1.2.1 |
|
entitlement of holders to practise |
2.4.2 |
|
lapse |
3.6.44 |
|
non-compliance as unsatisfactory conduct, professional misconduct |
|
|
obtained dishonestly |
2.4.4 |
|
Subject |
Section |
|
receipt of trust money authorised by |
3.3.71 |
|
suspension, cancellation, refusal to issue, renew |
3.6.44, 4.4.25 |
|
See also Interstate practising certificates; |
|
|
|
|
|
Australian rolls See Rolls |
|
|
Australian trust accounts |
|
|
Barristers |
|
|
definition |
1.2.1 |
|
legal profession rules |
3.2.9 |
|
professional indemnity insurance |
3.5.2 |
|
sole practice by |
3.2.6 |
|
Board See Legal Services Board |
|
|
Board of Examiners |
|
|
appeals against decisions of |
2.3.11 |
|
chairperson |
6.5.13–6.5.14 |
|
consultants |
6.5.17 |
|
continuation, constitution |
6.5.9 |
|
definition |
1.2.1 |
|
deputy members |
6.5.15–6.5.16 |
|
functions and powers |
2.3.10, 6.5.10 |
|
meetings |
6.5.14 |
|
membership |
6.5.9, 6.5.11 |
|
notice to corresponding authorities |
2.6.3 |
|
powers, functions regarding |
|
|
resignation and removal from office |
6.5.12 |
|
staff |
6.5.17 |
|
transitional provisions |
Sch. 2 |
|
validity of acts, decisions |
6.5.18 |
|
See also Admission |
|
|
Chambers |
3.2.5 |
|
Chief Commissioner of Police |
2.5.3 |
|
Chief Justice |
3.4.25, 6.5.1, 6.5.3–6.5.4, 6.5.7 |
|
Chief Magistrate |
6.5.1 |
|
Civil complaints See Complaints |
|
|
Civil disputes See Disputes |
|
|
Clerks |
|
|
3.2.16, 3.3.2, 3.3.70, 6.7.29 |
|
|
compulsory clerking prohibited |
3.2.4 |
|
legal profession rules |
3.2.16 |
|
Co-advocacy |
3.2.2 |
|
Commissioner See Legal Services Commissioner |
|
|
Community legal centres |
|
|
boards of management |
2.9.1–2.9.3 |
|
contributions to Fidelity Fund |
6.7.28 |
|
definition |
1.2.1 |
|
professional indemnity insurance |
3.5.4, 3.5.7 |
|
register |
6.2.23 |
|
regulations |
2.9.5 |
|
Subject |
Section |
|
right to recover legal costs |
2.9.4 |
|
sharing income of law practices, practitioners with |
2.2.9 |
|
supervising legal practitioners |
1.2.1, 2.9.2–2.9.3 |
|
volunteers |
2.4.3 |
|
Compensation |
|
|
definition of compensation orders |
1.2.1 |
|
orders made as result of complaints |
4.2.14, 4.2.16, 4.3.17, 4.4.13, 4.4.19 |
|
Competition |
3.2.20–3.2.24 |
|
Complaints |
|
|
application of Chapter 4 |
4.1.2–4.1.5 |
|
application of Part 4.4 |
4.4.1 |
|
civil complaints (def.) |
1.2.1, 4.2.2 |
|
Commissioner's annual report regarding |
6.3.13 |
|
compensation for complainants |
4.2.14, 4.2.16, 4.3.17, 4.4.13, 4.4.19 |
|
conduct complaints (def.) |
1.2.1 |
|
dealing with |
4.2.11 |
|
definition |
1.2.1 |
|
disciplinary complaints |
1.2.1, 4.2.3, 4.4.1 |
|
dismissal |
4.2.10, 4.3.3, 4.3.5, 4.3.13, 4.4.14 |
|
form, information included in |
4.2.6 |
|
further information required |
4.2.9 |
|
guidelines for handling of |
6.3.15 |
|
information regarding procedure |
4.2.12 |
|
inter-jurisdictional provisions |
4.4.32–4.4.38 |
|
making of |
2.4.25, 4.2.1, 4.2.4,–4.2.5 |
|
notice to practices, practitioners of |
4.2.8 |
|
purposes of Chapter 4 |
4.1.1 |
|
regarding legal costs |
3.4.30, 3.4.35, 3.4.48 |
|
time limits for |
4.2.7 |
|
transitional provisions |
Sch. 2 |
|
waiver of privilege, duty of confidentiality |
4.2.15 |
|
See also Disputes; Investigations of conduct |
|
|
Conduct |
|
|
Contempt of Supreme Court |
2.2.10–2.2.11, 7.2.10 |
|
Conveyancing businesses |
|
|
definitions |
7.1.1 |
|
employment, engagement of prohibited persons |
7.1.2–7.1.4 |
|
insurance |
7.1.5–7.1.6 |
|
transitional provisions |
Sch. 2 |
|
Corporate legal practitioners |
1.2.1, 2.2.9, 2.4.3 |
|
Corporations (def.) |
2.7.2 |
|
See also Incorporated legal practices |
|
|
Subject |
Section |
|
Corresponding authorities |
|
|
definition |
1.2.1 |
|
information received by local authorities from |
2.6.13 |
|
protocols, functions, notice regarding |
|
|
admissions |
2.6.3 |
|
banned incorporated legal practices |
2.7.24 |
|
defaults and Fidelity Fund claims |
3.6.32–3.6.41 |
|
investigating, dealing with conduct |
4.1.4, 4.4.32–4.4.38 |
|
local practising certificates |
2.6.5 |
|
removal of names from roll |
2.6.4 |
|
3.3.6 |
|
|
purpose, application of Part 2.6 |
2.6.1–2.6.2 |
|
Corresponding laws (def.) |
1.2.1 |
|
Costs Committee See Legal Costs Committee |
|
|
Costs disputes See Disputes; Legal costs |
|
|
Council of Legal Education |
|
|
consultants |
6.5.6 |
|
continuation, constitution |
6.5.1 |
|
delegation |
6.5.7 |
|
deputy for Attorney-General |
6.5.5 |
|
functions |
6.5.2 |
|
meetings |
6.5.4 |
|
membership |
6.5.1, 6.5.3 |
|
power to make admission rules |
2.3.12 |
|
power to nominate, remove of Board of Examiners members |
|
|
staff |
6.5.6 |
|
transitional provisions |
Sch. 2 |
|
validity of acts, decisions |
6.5.8 |
|
County Court |
|
|
judges as chairperson of Board |
6.2.7 |
|
judges, Chief Judge as members of Council |
6.5.1, 6.5.3 |
|
Court of Appeal |
|
|
appeals to |
2.2.6, 5.6.4 |
|
judges, President as members of Council |
6.5.1 |
|
Criminal record checks See Police reports |
|
|
Damages |
4.2.14, 4.2.16 |
|
Deceased legal practitioners |
|
|
Defaults |
|
|
application of Part 3.6 |
3.6.4–3.6.6, 3.6.42–3.6.44 |
|
concerted interstate defaults |
3.6.2, 3.6.30, 3.6.36 |
|
definitions |
3.6.2, 3.6.6 |
|
inter-jurisdictional provisions |
3.6.32–3.6.41 |
|
involving interstate elements |
3.6.31, 3.6.36 |
|
notices regarding |
3.6.9 |
|
notional defaults (def.) |
3.6.29 |
|
of associates of law practices |
3.6.28–3.6.29 |
|
3.6.42 |
|
|
Subject |
Section |
|
of lawyers whose practising certificate has lapsed |
3.6.44 |
|
3.6.43 |
|
|
purpose of Part 3.6 |
3.6.1 |
|
relating to financial services, investments |
3.6.6 |
|
relevant jurisdiction |
3.6.2–3.6.4 |
|
time of |
3.6.3 |
|
See also Fidelity Fund – Claims |
|
|
Definitions |
|
|
specific terms |
|
|
disqualified persons |
2.2.5 |
|
3.5.1 |
|
|
lay associate |
2.2.5 |
|
relevant offence |
2.2.5 |
|
terms applying to whole Act |
1.2.1–1.2.7 |
|
terms in relation to |
|
|
admission |
2.3.2 |
|
community legal centres |
2.9.1 |
|
complaints and discipline |
4.2.2–4.2.3 |
|
conduct and discipline, investigations |
4.4.2–4.4.3, 4.4.11, 4.4.25, 4.4.37 |
|
conveyancing |
7.1.1, 7.1.5 |
|
defaults and Fidelity Fund claims |
3.6.2, 3.6.6, 3.6.9, 3.6.23, 3.6.24, 3.6.29 |
|
5.1.2, 5.6.1, 5.6.8 |
|
|
2.8.2, 2.8.10 |
|
|
health assessments |
2.5.2, 2.5.5, 2.5.8 |
|
incorporated practices |
2.7.2, 2.7.29, 2.7.30, 2.7.34 |
|
legal costs |
3.4.2, 3.4.34, 3.4.38 |
|
legal profession rules |
3.2.13 |
|
Legal Services Board |
6.2.16, 6.7.22 |
|
Liability Committee |
6.6.5, 6.6.9 |
|
2.7.2 |
|
|
police reports |
2.5.2 |
|
regulatory authorities |
7.2.14–7.2.15 |
|
transitional provisions |
Sch. 2 |
|
trust accounts and money |
3.3.2, 3.3.3, 3.3.13, 3.3.21, 3.3.23, 3.3.44, 3.3.62 |
|
Dependants |
2.2.9 |
|
Director of Public Prosecutions |
6.5.1, 7.2.10 |
|
Disciplinary action |
|
|
against persons in incorporated legal practices |
2.7.22 |
|
against persons with infirmities, injuries, illnesses |
4.4.30 |
|
application of Chapter 4 |
4.1.2–4.1.5 |
|
as result of excessive legal costs |
3.4.46 |
|
compliance with orders under corresponding laws |
4.4.37 |
|
corresponding disciplinary bodies (def.) |
1.2.1 |
|
definition |
4.4.25 |
|
jurisdiction of Supreme Court |
4.4.39 |
|
on completion of investigations |
4.4.13 |
|
Subject |
Section |
|
publicising of |
4.4.27–4.4.31 |
|
purposes of Chapter 4 |
4.1.1 |
|
Register of |
4.4.25–4.4.27 |
|
VCAT orders |
4.4.16–4.4.19 |
|
Disciplinary complaints See Complaints |
|
|
Disputes |
|
|
application of Part 4.3 |
4.3.1 |
|
civil disputes (def.) |
1.2.1, 4.2.2 |
|
costs disputes |
1.2.1, 4.2.2, 4.3.3–4.3.5, 4.3.17, 4.4.19 |
|
failure by Commissioner to resolve |
4.3.7 |
|
mediation |
|
|
admissibility of evidence, documents in |
4.3.11 |
|
agreements |
4.3.12 |
|
application of Part 4.3, Division 3 |
4.3.8 |
|
attendance, representation at |
4.3.10 |
|
failure of |
4.3.7, 4.3.14 |
|
failure to attend |
4.3.13 |
|
mediators |
4.3.9, 6.4.3–6.4.5 |
|
referral to |
4.3.5, 4.3.7 |
|
resolution by Commissioner |
4.3.5 |
|
resolution by VCAT |
4.2.13, 4.3.15–4.3.17 |
|
stay of proceedings |
4.3.2 |
|
transitional provisions |
Sch. 2 |
|
unsuitable for resolution by Commissioner |
4.3.5, 4.3.6 |
|
See also Complaints; Investigations of conduct |
|
|
Disqualified persons |
|
|
as associates |
2.2.6–2.2.8 |
|
definition |
2.2.5, 2.7.2 |
|
in conveyancing businesses |
7.1.2–7.1.4 |
|
2.7.21, 2.7.24 |
|
|
2.7.49 |
|
|
orders |
2.2.6 |
|
Evidence |
|
|
certificates of Board as |
7.2.5 |
|
regarding |
|
|
audits of incorporated legal practices |
2.7.23 |
|
civil disputes, mediation |
4.3.5, 4.3.11 |
|
copies of documents seized |
3.3.42 |
|
Fidelity Fund claims |
3.6.25 |
|
investigations of conduct |
4.4.11 |
|
investigations of offences |
7.2.7 |
|
investigations of trust accounts, money |
3.3.46 |
|
investigations relating to competitions |
3.2.21 |
|
legal profession rules |
7.2.5 |
|
5.5.9, 5.5.10, 5.5.14 |
|
|
reports of irregularities in trust accounts |
3.3.24 |
|
External examiners See Trust accounts and money |
|
|
|
|
|
Subject |
Section |
|
|
|
|
application of Chapter 5 |
5.1.3–5.1.4 |
|
circumstances warranting |
5.2.1 |
|
definition |
5.1.2 |
|
determinations of Board regarding |
5.2.2 |
|
1.2.1, 5.1.2 |
|
|
access to accounts |
5.6.6 |
|
appeals against appointment of |
5.6.4 |
|
appointment, reappointment |
5.6.1, 5.6.3 |
|
confidentiality |
5.6.9 |
|
definition |
1.2.1, 5.1.2 |
|
fees, legal costs, expenses |
5.6.7 |
|
reimbursement for damages recovered against |
5.6.10 |
|
reports |
5.6.8 |
|
status of acts of |
5.6.2 |
|
purposes of Chapter 5 |
5.1.1 |
|
Supreme Court directions regarding |
5.6.5 |
|
See also Manager; Receivers; Supervisors |
|
|
Fidelity Fund |
|
|
Board's general duties |
6.7.15 |
|
contributions to |
|
|
applicants, holders of practising certificates |
2.4.9, 6.7.26 |
|
3.3.70, 6.7.29 |
|
|
community legal centres |
6.7.28 |
|
contributor classes |
1.2.1, 6.7.24 |
|
determination |
6.7.25 |
|
failure to pay |
2.4.4 |
|
interstate practitioners |
2.4.34, 3.3.72, 6.7.27 |
|
members of more than 1 class |
6.7.30, 6.7.32 |
|
payment by employers |
6.7.35 |
|
recovery |
6.7.34 |
|
definitions |
1.2.1, 3.6.2 |
|
insufficient funds in |
3.6.27, 6.7.13, 6.7.31 |
|
insurance |
6.7.22 |
|
levies |
3.6.27, 6.7.31–6.7.35 |
|
payments into |
3.6.13, 3.6.19, 6.7.3, 6.7.13, 6.7.17, 6.7.22 |
|
payments out of |
|
|
capping and sufficiency provisions (def.) |
3.6.2 |
|
for claims for defaults |
3.6.13, 3.6.16–3.6.17, 3.6.26–3.6.27, 6.7.18 |
|
general provisions |
6.7.18 |
|
to liquidators, trustees |
6.7.20 |
|
to Public Purpose Fund |
6.7.3, 6.7.21 |
|
prohibition on borrowing for purposes of |
6.7.23 |
|
purpose |
6.7.16 |
|
solvency level |
6.7.13, 6.7.19 |
|
transitional provisions |
Sch. 2 |
|
Subject |
Section |
|
Fidelity Fund – Claims |
|
|
advance payments |
3.6.13 |
|
appeals |
3.6.23–3.6.25 |
|
costs |
3.6.16 |
|
definitions |
3.6.2, 3.6.9, 3.6.23, 3.6.24, 3.6.29 |
|
determination |
3.6.14 |
|
disallowance |
3.6.12–3.6.14, 3.6.16 |
|
failure to determine |
3.6.24 |
|
interest payable |
3.6.17 |
|
3.6.12 |
|
|
made about concerted interstate defaults, involving interstate elements |
3.6.30–3.6.31, 3.6.36 |
|
made by associates, law practices |
3.6.28–3.6.29 |
|
making of |
3.6.7–3.6.10 |
|
maximum amounts payable |
3.6.15, 3.6.26 |
|
not affected by certain matters |
3.6.11 |
|
notice of decision |
3.6.22 |
|
notice of delays in decisions |
3.6.21 |
|
notices inviting |
3.6.9–3.6.10 |
|
partial payments, postponement of payments |
3.6.27 |
|
reduction of amounts payable |
3.6.14, 3.6.18 |
|
repayment of certain amounts |
3.6.20 |
|
subrogation of Board |
3.6.19, 3.6.25 |
|
time limits |
3.6.8–3.6.10 |
|
under corresponding laws |
|
|
co-operation with other authorities |
3.6.41 |
|
forwarding of claims |
3.6.33 |
|
3.6.34–3.6.36, 3.6.39–3.6.40 |
|
|
3.6.32 |
|
|
recommendations to, from Board |
3.6.37–3.6.38 |
|
Financial services |
3.3.3, 3.6.6 |
|
Fines |
4.4.19, 6.7.3 |
|
|
|
|
advertising |
2.8.11 |
|
application of Chapter 4 to |
2.8.8, 2.8.29 |
|
application of Chapter 5 to |
5.1.3 |
|
1.2.1 |
|
|
commercial legal presence (def.) |
2.8.2 |
|
corresponding foreign law (def.) |
1.2.1 |
|
definitions |
2.8.2 |
|
designations used by |
2.8.9 |
|
employment of Australian legal practitioners by |
2.8.12 |
|
ethical and practice standards |
2.8.8 |
|
exemptions |
2.8.49 |
|
fidelity cover |
2.8.14, 2.8.23 |
|
foreign law practices (def.) |
2.8.2 |
|
2.8.2 |
|
|
foreign rolls (def.) |
1.2.1 |
|
home jurisdiction (def.) |
1.2.1, 1.2.5 |
|
Subject |
Section |
|
1.2.1, 2.8.44–2.8.45 |
|
|
legal profession rules |
2.8.41–2.8.42, 3.2.10–3.2.13 |
|
letterheads, public documents used by |
2.8.9, 2.8.10 |
|
liability |
7.2.11 |
|
1.2.1 |
|
|
membership of professional associations |
2.8.50 |
|
not officers of Supreme Court |
2.8.17 |
|
notice of offences by |
2.8.41 |
|
2.8.2 |
|
|
practice of foreign law by |
2.8.2, 2.8.4–2.8.8 |
|
principals of foreign law practices |
2.8.9 |
|
professional indemnity insurance |
3.5.3, 2.8.23 |
|
professional misconduct, unsatisfactory conduct |
2.8.8, 2.8.30, 2.8.31, 2.8.44 |
|
publication of names, information regarding |
2.8.47 |
|
purpose, application of Part 2.8 |
2.8.1, 2.8.3 |
|
registered in foreign country (def.) |
2.8.2 |
|
service of notices on |
7.2.1 |
|
sharing of income of legal practice with |
2.2.9 |
|
trust money, accounts handled by |
2.8.13 |
|
unregistered practice |
2.8.4 |
|
Foreign lawyers – Registration |
|
|
amendments |
1.2.1, 2.8.25–2.8.28, 2.8.32, 2.8.38 |
|
application of Part 2.8, Division 6 |
2.8.24 |
|
applications |
2.8.18–2.8.20, 2.8.30 |
|
as requirement for practising foreign law |
2.8.4 |
|
cancellation |
|
|
as result of disciplinary action |
2.8.8 |
|
as result of failure to show cause |
2.8.32 |
|
by request |
2.8.28 |
|
disciplinary matters not affected by |
2.8.37 |
|
grounds for (general) |
2.8.25 |
|
on becoming Australian legal practitioner |
2.8.36 |
|
on surrender of local registration certificate |
2.8.35 |
|
operation of |
2.8.27 |
|
return of local registration certificate as result |
2.8.38 |
|
show cause notices |
2.8.26 |
|
conditions |
2.8.21, 2.8.39–2.8.43, 2.8.48 |
|
duration |
2.8.16 |
|
eligibility |
2.8.15 |
|
fees, costs, expenses |
2.8.19 |
|
further information, documents required |
2.8.46 |
|
grant |
2.8.21–2.8.22 |
|
investigations, inquiries regarding applications |
2.8.46 |
|
2.8.2, 2.8.21, 2.8.35, 2.8.38 |
|
|
refusal to grant, renew |
2.8.23, 2.8.32 |
|
Subject |
Section |
|
register |
6.2.23–6.2.24 |
|
renewal |
2.8.16, 2.8.18–2.8.22 |
|
restrictions on making further applications |
2.8.33 |
|
review of decisions |
2.8.51 |
|
show cause events |
2.8.30–2.8.32 |
|
suspension |
2.8.25–2.8.27, 2.8.32, 2.8.34, 2.8.37–2.8.38 |
|
See also Complaints; Disciplinary action |
|
|
Fraud See Defaults |
|
|
Health assessments |
|
|
as requirement for local practising certificates |
2.5.1–2.5.2, 2.5.4 |
|
health assessors |
2.5.2, 2.5.5 |
|
reports |
2.5.6–2.5.9 |
|
|
|
|
advertising by |
2.7.8, 2.7.18 |
|
application of Act, regulations, other legislation to |
2.7.32–2.7.34 |
|
audits of |
2.7.22–2.7.24 |
|
conflicts of interest |
2.7.14 |
|
co-operation between courts |
2.7.31 |
|
defaults, externally administered bodies corporate |
6.7.20 |
|
definitions |
2.7.2, 2.7.29–2.7.30, 2.7.34 |
|
directors |
2.7.2, 2.7.10–2.7.11, 2.7.13 |
|
disclosures regarding legal services provided |
2.7.15–2.7.16 |
|
disclosures to ASIC of information regarding |
2.7.26 |
|
disqualification from managing |
2.7.25, 4.1.5, 4.4.4, 7.1.2–7.1.4 |
|
disqualified corporations |
2.7.24, 2.7.50 |
|
disqualified persons involved in |
2.7.2, 2.7.21 |
|
eligibility of corporations |
2.7.6 |
|
external administration |
2.7.27–2.7.30 |
|
foreign lawyers as partners, employees of |
2.8.7 |
|
1.2.1, 2.7.2, 2.7.10–2.7.12, 2.7.52 |
|
|
legal profession rules for |
2.7.14, 2.7.17, 3.2.14–3.2.15 |
|
nature of |
2.7.4 |
|
non-legal services, businesses of |
2.7.5 |
|
notice of intention to start |
2.7.7 |
|
notice of termination |
2.7.9 |
|
professional misconduct, unsatisfactory conduct |
2.7.10–2.7.11, 2.7.21, 2.7.24, 2.7.53 |
|
professional obligations of Australian legal practitioners as officers, employees |
2.7.2, 2.7.10, 2.7.13, 2.7.52 |
|
purposes, application of Part 2.7 |
2.7.1, 2.7.3 |
|
receivership |
2.7.29–2.7.30 |
|
register |
6.2.23 |
|
regulations (general) |
2.7.53 |
|
representations as |
2.7.8 |
|
Subject |
Section |
|
service of notices on |
7.2.1 |
|
sharing of receipts |
2.7.20 |
|
standard of care owed by |
2.7.16 |
|
transitional provisions |
Sch. 2 |
|
undue influence on |
2.7.35 |
|
vicarious liability |
2.7.19 |
|
See also External intervention |
|
|
Information notices (def.) |
1.2.1, 1.2.7 |
|
Injunctions |
7.2.13 |
|
Insolvents under administration |
|
|
conduct of practitioners in becoming, as |
4.1.5, 4.4.4 |
|
definition |
1.2.1 |
|
2.8.25 |
|
|
in conveyancing businesses |
7.1.2–7.1.4 |
|
insolvency as show cause event |
1.2.1, 2.4.26–2.4.28 |
|
payments to liquidators, trustees |
6.7.20 |
|
See also External intervention |
|
|
|
|
|
appointment |
3.3.29 |
|
definition |
3.3.2 |
|
identification |
3.3.30, 3.3.36, 3.3.39, 3.3.45 |
|
non-compliance with |
3.3.45 |
|
powers regarding |
|
|
production of information, documents |
3.3.34, 3.3.43–3.3.44, 3.3.46 |
|
production of records |
3.3.31 |
|
questioning of associates, clerks |
3.3.32–3.3.33 |
|
search and entry powers with consent |
3.3.35–3.3.36 |
|
search and entry powers with warrants |
3.3.37–3.3.39 |
|
seizure |
3.3.35–3.3.37, 3.3.40–3.3.42 |
|
reports on investigations |
3.3.47 |
|
rules for qualifications |
3.3.50 |
|
secrecy |
3.3.49 |
|
Interstate authorities See Corresponding authorities |
|
|
Interstate lawyers (def.) |
1.2.1, 1.2.2 |
|
Interstate legal practitioners |
|
|
as officers of Supreme Court |
2.4.36 |
|
conditions on practice |
2.4.33 |
|
contributions to Fidelity Fund |
2.4.34, 3.3.72, 6.7.27 |
|
definition |
1.2.1, 1.2.3 |
|
entitlement to practise |
2.4.32 |
|
establishment of offices by |
2.4.34 |
|
review of decisions regarding |
2.4.38 |
|
unsupervised practice by |
2.4.35 |
|
Interstate practising certificates |
1.2.1, 2.4.8, 4.4.18 |
|
Interstate regulatory authorities |
7.2.14 |
|
See also Corresponding authorities |
|
|
Interstate roll See Rolls |
|
|
Subject |
Section |
|
Interstate trust accounts |
|
|
|
|
|
of offences |
7.2.6–7.2.9 |
|
regarding competition |
3.2.20–3.2.24 |
|
See also Investigations of conduct; |
|
|
Investigations of conduct |
|
|
actions on completion of |
4.4.13–4.4.14 |
|
application of Part 4.4 |
4.4.1 |
|
Commissioner's annual report regarding |
6.3.13 |
|
Commissioner's general duty, power to conduct |
4.4.7–4.4.8, 4.4.10 |
|
information, documents provided for |
4.4.11 |
|
inter-jurisdictional provisions |
4.4.32–4.4.38 |
|
investigating authorities (def.) |
4.4.11 |
|
must be conducted expeditiously |
4.4.12 |
|
proceedings in VCAT |
|
|
alternative findings |
4.4.20 |
|
applications |
4.4.13 |
|
hearings and determinations |
4.4.15–4.4.16 |
|
orders |
4.4.16–4.4.19 |
|
rehearings |
4.4.21–4.4.24 |
|
progress reports |
4.4.12 |
|
protection from self-incrimination |
4.4.11 |
|
referral to prescribed investigatory bodies |
1.2.1, 4.4.9–4.4.10, 4.4.12 |
|
transitional provisions |
Sch. 2 |
|
without complaint |
4.4.8 |
|
See also Disciplinary action |
|
|
Investments |
3.3.3, 3.6.6 |
|
Law firms |
|
|
definition |
1.2.1 |
|
foreign lawyers as employees, partners of |
2.8.7, 2.8.12 |
|
register |
6.2.23–6.2.24 |
|
supervised legal practice (def.) |
1.2.1 |
|
See also External intervention |
|
|
Law Institute |
3.2.9, Sch. 2 |
|
See also Professional associations |
|
|
|
|
|
client access |
3.2.3 |
|
definition |
1.2.1, 3.5.1 |
|
destruction of documents |
7.2.16 |
|
employees |
|
|
employees as authorised by practising certificates |
2.4.3 |
|
financial services, investments provided by |
3.3.3, 3.6.6 |
|
investigations of effect on competition |
3.2.20–3.2.24 |
|
liability |
7.2.11–7.2.12 |
|
overview, introduction to Chapter 3 |
3.1.1 |
|
permitting, assisting unqualified persons to practise |
2.2.10 |
|
professional indemnity insurance |
3.5.2, 3.5.5–3.5.7, 6.6.19 |
|
service of notices on |
7.2.1 |
|
sharing of income of legal practice |
2.2.9 |
|
Subject |
Section |
|
sole practitioners (def.) |
1.2.1 |
|
supervised legal practice (def.) |
1.2.1 |
|
See also Associates; Community legal centres; |
|
|
Lay associates See Associates |
|
|
Legal aid |
6.7.9 |
|
Legal costs |
|
|
application of Part 3.4 |
3.4.3–3.4.8, 3.4.49 |
|
bills |
3.4.33–3.4.37 |
|
corresponding laws |
3.4.8, 3.4.9 |
|
costs agreements |
|
|
as basis for recovery of costs |
3.4.19 |
|
3.4.2, 3.4.27–3.4.28 |
|
|
contingency fees prohibited |
3.4.29 |
|
definition |
3.4.2 |
|
enforcement |
3.4.30 |
|
making of |
3.4.26 |
|
setting aside of |
3.4.17, 3.4.32, 3.4.35 |
|
uplift fees |
3.4.2, 3.4.14, 3.4.28, 3.4.31 |
|
void agreements |
3.4.31 |
|
costs reviews |
|
|
appeals |
3.4.47 |
|
applications |
3.4.38–3.4.41 |
|
client's right to |
3.4.35 |
|
costs of |
3.4.45 |
|
costs subject to complaints not reviewable |
3.4.48 |
|
definition |
3.4.2 |
|
disciplinary, conduct matters arising from |
3.4.46 |
|
interim bills |
3.4.37 |
|
matters Taxing Master must have regard to |
3.4.44 |
|
notice of |
3.4.42 |
|
procedure |
3.4.43 |
|
definitions |
1.2.1, 3.4.2, 3.4.34, 3.4.38 |
|
disclosure |
|
|
exceptions |
3.4.12 |
|
failure to disclose |
3.4.17 |
|
form of |
3.4.15 |
|
general rights, duties, information included |
3.4.9, 3.4.11–3.4.14 |
|
if another law practice is retained |
3.4.10–3.4.11 |
|
ongoing obligations |
3.4.16 |
|
progress reports |
3.4.18 |
|
excessive costs |
3.4.46, 4.4.4 |
|
|
|
|
Subject |
Section |
|
first instructions |
3.4.3, 3.4.6 |
|
imputed acts, omissions, knowledge |
3.4.50 |
|
interest |
3.4.21, 4.3.17, 4.4.19 |
|
litigious matters |
3.4.2, 3.4.9, 3.4.13, 3.4.28 |
|
matters with substantial connection to this jurisdiction |
|
|
practitioner remuneration orders |
3.4.2, 3.4.19, 3.4.22–3.4.24, 3.4.43 |
|
purposes of Part 3.4 |
3.4.1 |
|
recovery |
3.4.19, 3.4.31, 3.4.33, 3.4.36 |
|
recovery by community legal centres |
2.9.4 |
|
scales of costs |
3.4.2, 3.4.19 |
|
security for |
3.4.20 |
|
transitional provisions |
Sch. 2 |
|
VCAT orders |
3.4.32, 4.3.17, 4.4.19 |
|
waiver, repayment as ordered by VCAT |
4.3.17, 4.4.19 |
|
See also Disputes |
|
|
Legal Costs Committee |
3.4.22–3.4.25 |
|
Legal practice |
|
|
by lawyers in prison |
2.2.11 |
|
by interstate practitioners |
2.4.32–2.4.36 |
|
entitlement to engage in |
|
|
Australian practitioners in this jurisdiction |
2.4.2 |
|
definition of engage in |
1.2.1 |
|
misrepresentation, false advertising of |
2.2.3 |
|
names, titles, descriptions indicating |
2.2.4 |
|
requirements for, persons not entitled |
2.2.2 |
|
legal profession rules |
3.2.9–3.2.13 |
|
outline of Chapter 2 |
2.1.1 |
|
overview, introduction to Chapter 3 |
3.1.1 |
|
permitting, assisting unqualified persons to engage |
2.2.10 |
|
protocols between regulatory authorities |
2.4.39 |
|
purposes of Part 2.2 |
2.2.1 |
|
purposes of Part 2.4 |
2.4.1 |
|
purposes of Part 3.2 |
3.2.1 |
|
supervised legal practice |
|
|
as condition of practising certificates |
2.4.18 |
|
as result of findings of misconduct |
4.4.19 |
|
definition |
1.2.1 |
|
employment not considered to be |
2.8.12 |
|
in community legal centres |
2.9.2–2.9.3 |
|
transitional provisions |
Sch. 2 |
|
unqualified practice |
2.2.2–2.2.4 |
|
See also Australian legal practitioners; |
|
|
|
|
|
Subject |
Section |
|
Legal practitioner associates See Associates |
|
|
Legal practitioner directors |
|
|
Legal practitioner partners |
|
|
Legal practitioners |
|
|
Legal Practitioners Fidelity Fund See Fidelity Fund |
|
|
Legal Practitioners' Liability Committee |
|
|
acting members |
6.6.7 |
|
annual report |
6.6.14 |
|
chairperson |
6.6.4, 6.6.8 |
|
confidentiality |
6.6.13 |
|
conflicts of interest |
6.6.11 |
|
consultants |
6.6.12 |
|
continuation |
6.6.1 |
|
Crown not represented by |
6.6.2 |
|
functions and powers |
6.6.3 |
|
meetings |
6.6.8 |
|
members |
6.6.4–6.6.6 |
|
Liability Fund maintained by |
6.6.15–6.6.19 |
|
professional indemnity insurance taken with |
3.5.2, 3.5.5–3.5.6 |
|
resolutions without meetings |
6.6.9 |
|
staff |
6.6.12 |
|
transitional provisions |
Sch. 2 |
|
validity of acts, decisions |
6.6.10 |
|
Legal Practitioners' Liability Fund |
6.6.15–6.6.19 |
|
Legal profession rules |
|
|
availability |
3.2.19 |
|
binding nature of |
3.2.17 |
|
contraventions as unsatisfactory conduct, professional misconduct |
|
|
evidence |
7.2.5 |
|
inconsistencies with Act, regulations |
3.2.18 |
|
investigations of effect on competition |
3.2.20 |
|
non-compliance with |
3.2.17 |
|
regarding |
|
|
Australian legal practitioners |
3.2.9, 3.2.11–3.2.13 |
|
barristers |
3.2.6, 3.2.9 |
|
chambers |
3.2.5 |
|
clerks |
3.2.4, 3.2.16 |
|
client access |
3.2.3 |
|
co-advocacy |
3.2.2 |
|
2.8.41–2.8.42, 3.2.10–3.2.13 |
|
|
2.7.14, 2.7.17, 3.2.14–3.2.15 |
|
|
3.3.50 |
|
|
|
|
|
Subject |
Section |
|
2.7.43, 2.7.46, 3.2.14–3.2.15 |
|
|
robing |
3.2.7 |
|
trust accounts and money |
3.3.74 |
|
transitional provisions |
Sch. 2 |
|
Legal services |
|
|
definition |
1.2.1 |
|
provided as result of complaint, orders |
4.3.17 |
|
Legal Services Board |
|
|
annual report |
6.2.21 |
|
chairperson |
6.2.5–6.2.7, 6.2.14, 6.5.1 |
|
chief executive |
6.3.4 |
|
confidentiality of members, staff |
6.4.5 |
|
consultants |
6.4.2 |
|
Crown not represented by |
6.2.2 |
|
delegation |
6.2.19–6.2.21 |
|
deputy chairperson |
6.2.6, 6.2.14 |
|
establishment |
6.2.1 |
|
evidentiary matters |
7.2.5 |
|
expenses |
6.7.6 |
|
meetings |
6.2.14 |
|
members |
|
|
acting appointments |
6.2.11 |
|
advocate members (def.) |
1.2.1 |
|
appointed members |
1.2.1, 6.2.5, 6.2.9 |
|
conflicts of interest |
6.2.15 |
|
definition |
6.2.16 |
|
elected members |
1.2.1, 6.2.5, 6.2.8, Sch. 1 |
|
immunity |
6.2.18 |
|
non-advocate members (def.) |
1.2.1 |
|
payment |
6.2.10 |
|
vacancies |
6.2.11–6.2.13 |
|
objectives |
6.2.3 |
|
reports |
6.2.21–6.2.22 |
|
resolutions without meetings |
6.2.16 |
|
service of notices on |
7.2.2 |
|
staff |
6.4.1 |
|
transitional provisions |
Sch. 2 |
|
validity of acts, decisions |
6.2.17 |
|
Legal Services Board – Powers and functions |
|
|
powers, functions in general |
6.2.4 |
|
powers, functions regarding |
|
|
associates |
2.2.8 |
|
Commissioner |
6.3.6–6.3.8 |
|
compensation |
4.2.16 |
|
complaints |
2.4.25 |
|
conveyancing businesses |
7.1.3, 7.1.6 |
|
disqualified persons |
2.2.6 |
|
3.3.51, 3.3.57–3.3.58 |
|
|
Subject |
Section |
|
external intervention (general) |
5.2.2, 5.6.1, 5.6.7, 5.6.10 |
|
2.7.12, 2.7.22–2.7.30 |
|
|
injunctions |
7.2.13 |
|
3.3.29–3.3.30, 3.3.50 |
|
|
interstate legal practitioners |
2.4.32–2.4.34 |
|
investigations in relation to competition |
3.2.20–3.2.24 |
|
investigations of offences |
7.2.6–7.2.9 |
|
Legal Costs Committee |
3.4.25 |
|
legal profession rules |
3.2.9–3.2.15, 3.2.19 |
|
Liability Committee |
6.6.4–6.6.7 |
|
managers |
5.4.1–5.4.2, 5.4.8 |
|
2.7.50 |
|
|
professional indemnity insurance |
3.5.2–3.5.7 |
|
prosecutions |
7.2.10 |
|
Public Purpose Fund |
6.7.1–6.7.14 |
|
receivers and regulated property |
5.5.1, 5.5.2, 5.5.17, 5.5.14 |
|
register |
6.2.23–6.2.24 |
|
register, publicising of disciplinary action |
4.4.26–4.4.30 |
|
removal from rolls |
2.6.6–2.6.7, 2.6.12 |
|
supervisors |
5.3.1, 5.3.7 |
|
See also Fidelity Fund; Fidelity Fund – Claims;
|
|
|
Legal Services Commissioner |
|
|
acting Commissioner |
6.3.8 |
|
annual report |
6.3.13 |
|
appointment |
6.3.5–6.3.6 |
|
as chief executive of Board |
6.3.4 |
|
as successor to Legal Ombudsman, RPAs |
Sch. 2 |
|
confidentiality |
6.4.5 |
|
consultants |
6.4.2 |
|
delegation |
6.3.12, 6.3.13 |
|
establishment |
6.3.1 |
|
expenses of |
6.7.7 |
|
guidelines issued by |
6.3.15 |
|
immunity |
6.3.11 |
|
mediators appointed by |
6.4.3–6.4.5 |
|
objectives |
6.3.2 |
|
payment |
6.3.7 |
|
powers, functions (general) |
6.3.3–6.3.4 |
|
relationship to Board |
6.3.4 |
|
reports |
6.3.13–6.3.14 |
|
service of notices on |
7.2.2 |
|
staff |
6.4.1 |
|
|
|
|
Subject |
Section |
|
vacancies |
6.3.9 |
|
validity of acts, decisions |
6.3.10 |
|
See also Complaints; Investigations of Conduct |
|
|
Levies |
|
|
Liability Committee |
|
|
Liability Fund |
|
|
Local lawyers (def.) |
1.2.1, 1.2.2 |
|
Local legal practitioners |
|
|
definition |
1.2.1, 1.2.3 |
|
register |
6.2.23–6.2.24 |
|
regulation of other businesses carried on by |
3.2.8 |
|
service of notices on |
7.2.1 |
|
Local practising certificates |
|
|
amendments to |
1.2.1, 2.4.13, 2.4.20–2.4.21, 2.4.24, 2.4.28, 2.4.40 |
|
application of Part 2.4, Division 6 |
2.4.19 |
|
applications for grant, renewal |
2.4.8–2.4.11, 2.4.26, 2.4.40 |
|
cancellation |
|
|
as result of misconduct |
4.4.17 |
|
as result of removal from rolls |
2.4.24, 2.6.10–2.6.11 |
|
as result of surrender of certificate |
2.4.30 |
|
by request of holder |
2.4.24 |
|
failure to show cause |
2.4.28 |
|
grounds for (general) |
2.4.20 |
|
matters not considered grounds for |
2.4.4 |
|
notice |
2.4.21, 2.4.24 |
|
orders for non-cancellation |
2.6.11 |
|
conditions |
|
|
as result of misconduct |
4.4.17 |
|
general provisions |
2.4.3, 2.4.13–2.4.14 |
|
included on register |
6.2.23 |
|
pending criminal proceedings |
2.4.16 |
|
regarding conditions on interstate admission |
2.4.17 |
|
statutory conditions |
2.4.17–2.4.18 |
|
supervised legal practice |
2.8.12, 2.4.18 |
|
type of legal practice authorised by |
2.4.3 |
|
variation, revocation |
2.4.15–2.4.16 |
|
VCAT orders |
2.4.16 |
|
definition |
1.2.1 |
|
duration |
2.4.5 |
|
eligibility |
2.4.8 |
|
evidence |
7.2.5 |
|
fee surcharges |
2.4.9, 2.4.11 |
|
fees |
2.4.9, 2.4.11, 6.7.3, 7.2.17 |
|
Subject |
Section |
|
Fidelity Fund contributions by applicants, holders |
2.4.9, 6.7.26 |
|
form |
2.4.3 |
|
further information, documents required |
2.4.40 |
|
grant |
2.4.3, 2.4.7, 2.4.12 |
|
health assessments as requirement for |
2.5.1–2.5.2, |
|
holders as officers of Supreme Court |
2.4.6 |
|
matters considered in Board's determinations |
2.4.4 |
|
notice to other jurisdictions of certain matters |
2.6.5 |
|
orders prohibiting applications for certain period |
4.4.19 |
|
police checks as requirement for |
2.5.1–2.5.3, 2.5.9 |
|
refusal to grant, renew |
2.4.4, 2.4.12, 2.4.28–2.4.29, 4.4.17 |
|
renewal |
2.4.5, 2.4.7–2.4.12 |
|
restrictions on making of further applications |
2.4.29 |
|
return |
2.4.31 |
|
review of decisions regarding |
2.4.37 |
|
show cause events |
1.2.1, 2.4.26–2.4.28 |
|
suitability |
2.4.4 |
|
surrender |
2.4.9, 2.4.30 |
|
suspension |
2.4.20–2.4.23, 2.4.28, 4.4.17 |
|
transitional provisions |
Sch. 2 |
|
Local regulatory authorities |
7.2.14–7.2.15 |
|
Local roll See Rolls |
|
|
Local trust accounts See Trust accounts and money |
|
|
|
|
|
Managed investment schemes |
|
|
defaults regarding |
3.6.6 |
|
definition |
1.2.1 |
|
money held not considered trust money |
3.3.3 |
|
not to be conducted by incorporated practices |
2.7.5 |
|
Managers |
|
|
access to accounts |
5.6.6 |
|
appeals against appointment of |
5.6.4 |
|
appointment |
5.2.2, 5.4.1–5.4.3, 5.6.1, 5.6.3 |
|
appointment as disciplinary action |
4.4.25 |
|
confidentiality |
5.6.9 |
|
death of legal practitioner associates |
5.4.7 |
|
directions of Supreme Court to |
5.6.5 |
|
effect on dealings with trust money, practice |
5.4.3 |
|
fees, legal costs, expenses |
5.6.7 |
|
persons authorised to carry on practices as |
5.5.4 |
|
powers, functions, duties in general |
5.4.4–5.4.5 |
|
records, accounts kept by |
5.4.6 |
|
reimbursement for damages recovered against |
5.6.10 |
|
reports by |
5.6.8 |
|
|
|
|
Subject |
Section |
|
status of acts of |
5.6.2 |
|
termination of appointment |
5.4.8 |
|
transitional provisions |
Sch. 2 |
|
Mediation See Disputes |
|
|
Misconduct |
|
|
Mortgage financing |
1.2.1, 3.3.3, 3.6.6 |
|
|
|
|
advertising |
2.7.47 |
|
conduct |
2.7.37 |
|
conflicts of interest |
2.7.43 |
|
definition |
1.2.1 |
|
disclosure obligations |
2.7.44–2.7.45 |
|
disqualified persons |
2.7.2, 2.7.49 |
|
foreign lawyers as partners, employees of |
2.8.7 |
|
legal practitioner employees of (general duties) |
2.7.42, 2.7.52 |
|
legal practitioner partners (general duties) |
1.2.1, 2.7.2, 2.7.39–2.7.40, 2.7.42, 2.7.52 |
|
legal profession rules |
2.7.43, 2.7.46, 3.2.14–3.2.15 |
|
management of legal services provided by |
2.7.39 |
|
nature of |
2.7.36 |
|
non-legal practitioner partners |
2.7.41 |
|
notice of intention to start |
2.7.38 |
|
professional misconduct, unsatisfactory conduct |
2.7.39, 2.7.40, 2.7.49, 2.7.50, 2.7.53 |
|
prohibited partners |
2.7.50 |
|
purposes, application of Part 2.7 |
2.7.1, 2.7.3 |
|
register |
6.2.23 |
|
regulations (general) |
2.7.53 |
|
sharing of receipts |
2.7.48 |
|
standard of care owed by |
2.7.45 |
|
undue influence |
2.7.51 |
|
Offences |
|
|
contraventions as grounds for refusing local practising certificates |
|
|
contraventions as unsatisfactory conduct, professional misconduct |
|
|
injunctions |
7.2.13 |
|
7.2.6–7.2.9 |
|
|
involving dishonesty |
4.1.5, 4.4.4, 7.1.2 |
|
persons convicted of relevant offences |
|
|
as associates |
2.2.7, 2.2.8 |
|
conditions on local practising certificates |
2.4.16 |
|
definition of relevant offence |
2.2.5, 2.4.16 |
|
disqualified persons orders in relation to |
2.2.6 |
|
|
|
|
Subject |
Section |
|
persons convicted of serious offences, tax offences |
|
|
conduct of |
4.1.5, 4.4.4 |
|
convictions as show cause events |
1.2.1, 2.4.26–2.4.28 |
|
definitions of serious offences, tax offences |
1.2.1 |
|
prosecutions |
7.2.10 |
|
references to findings of guilt |
1.2.8 |
|
regarding |
|
|
3.3.70 |
|
|
conflicts of interest in regulatory bodies |
6.2.15, 6.6.11 |
|
conveyancing businesses |
7.1.2–7.1.6 |
|
disclosure of confidential information |
2.5.9, 6.4.5, 6.6.13, 7.2.9, 7.2.15 |
|
Fidelity Fund claims |
3.6.20 |
|
Fidelity Fund levies |
6.7.35 |
|
foreign lawyers, practice of foreign law |
2.8.4, 2.8.38, 2.8.41, 2.8.43 |
|
2.7.7–2.7.9, 2.7.12, 2.7.15, 2.7.21, 2.7.23, 2.7.24, 2.7.35 |
|
|
3.3.30, 3.3.45, 3.3.49 |
|
|
interstate legal practitioners |
2.4.34 |
|
legal costs agreements |
3.4.28–3.4.29 |
|
local practising certificates |
2.4.9, 2.4.13, 2.4.31 |
|
2.7.38, 2.7.44, 2.7.51 |
|
|
notice of removal from interstate, foreign roll |
2.6.6–2.6.7 |
|
practices under external intervention and regulated property |
5.3.3, 5.4.3, 5.5.3, 5.5.7, 5.5.9, 5.5.15 |
|
practise by lawyers in prison |
2.2.11 |
|
register |
6.2.24 |
|
sharing of income of legal practice |
2.2.9 |
|
trust accounts and money |
3.3.11–3.3.26, 3.3.52–3.3.55, 3.3.61, 3.3.71–3.3.72 |
|
unqualified persons |
2.2.10 |
|
unqualified practice |
2.2.2–2.2.3 |
|
Partnerships |
|
|
Personal representatives |
|
|
of persons with infirmity, illness |
4.4.30 |
|
powers, duties regarding |
|
|
managers |
5.4.7 |
|
receivers |
5.5.16 |
|
trust money, accounts |
3.3.55 |
|
sharing of income of practices, practitioners with |
2.2.9 |
|
Police |
5.5.6, 7.2.10 |
|
|
|
|
Subject |
Section |
|
Police reports |
|
|
as requirement for practising certificates |
2.5.1–2.5.3 |
|
confidentiality |
2.5.9 |
|
disclosure to health assessors |
2.5.5 |
|
Practical legal training See Training |
|
|
Practising certificates |
|
|
Practitioner remuneration orders See Legal costs |
|
|
Principals |
|
|
as authorised by local practising certificates |
2.4.3 |
|
2.7.12 |
|
|
as managers |
5.4.1 |
|
as persons authorised to carry on practices |
5.5.4 |
|
as receivers |
5.5.1, 5.5.4 |
|
as supervisors |
5.3.1 |
|
definition |
1.2.1, 1.2.4 |
|
duties regarding legal costs |
3.4.12 |
|
duties regarding trust money |
3.3.9, 3.3.64, 3.3.71 |
|
2.8.9 |
|
|
in community legal centres |
2.9.2 |
|
liability |
7.2.12 |
|
sharing of income of practice |
2.2.9 |
|
Professional associations |
|
|
consultation by Board with |
3.2.12, 6.2.11 |
|
definition |
1.2.1 |
|
foreign lawyers as members |
2.8.50 |
|
payments out of Public Purpose Fund to |
6.7.14 |
|
powers, duties, functions regarding |
|
|
chambers |
3.2.5 |
|
clerks |
3.2.4 |
|
Council members |
6.5.1 |
|
fees for practising certificates |
7.2.17 |
|
Fidelity Fund contributions, levies |
6.7.25, 6.7.31 |
|
Legal Costs Committee members |
3.4.25 |
|
practitioner remuneration orders |
3.4.23 |
|
robing |
3.2.7 |
|
See also Law Institute; Victorian Bar |
|
|
Professional indemnity insurance |
|
|
as requirement for |
|
|
barristers |
3.5.2 |
|
community legal centres |
3.5.4 |
|
2.8.23, 3.5.3 |
|
|
interstate practitioners |
2.4.34 |
|
3.5.2 |
|
|
local practising certificates |
2.4.4, 2.4.9, 2.4.20 |
|
contracts, arrangements with Liability Committee |
3.5.2, 3.5.5–3.5.6 |
|
exemptions |
3.5.7 |
|
See also Legal Practitioners' Liability Committee |
|
|
|
|
|
Subject |
Section |
|
Professional misconduct |
|
|
conduct constituting, capable of constituting |
4.4.4, 4.4.6 |
|
regarding |
|
|
associates |
2.2.7 |
|
Australian lawyers not practising |
2.2.12 |
|
failure to disclose show cause events |
2.4.26–2.4.27 |
|
2.8.8, 2.8.30–2.8.31, 2.8.44 |
|
|
2.7.10–2.7.11, 2.7.21, 2.7.24, 2.7.53 |
|
|
interstate legal practitioners |
2.4.32 |
|
legal costs |
3.4.12, 3.4.17, 3.4.32, 3.4.46 |
|
local practising certificates |
2.4.8 |
|
2.7.39, 2.7.40, 2.7.49, 2.7.50, 2.7.53 |
|
|
non-compliance with legal profession rules |
3.2.17 |
|
principals |
3.3.64, 3.4.12, 7.2.12 |
|
removal from foreign, interstate rolls |
2.6.8 |
|
required deposit amounts |
3.3.64 |
|
definition |
1.2.1, 4.4.3 |
|
findings of |
4.4.13, 4.4.16, 4.4.20 |
|
See also Complaints; Disciplinary
actions; |
|
|
Prosecutions |
7.2.10 |
|
Prothonotary |
2.3.7, 2.6.4, 2.6.6, 2.6.9 |
|
Public Purpose Fund |
|
|
Distribution Account |
6.7.2, 6.7.5 |
|
General Account |
6.7.2–6.7.3 |
|
maintenance |
6.7.1 |
|
payment of trust money deposited with Board to |
3.3.64 |
|
payment of interest on trust accounts into |
3.3.59 |
|
payments out of for, to |
|
|
expenses of regulatory bodies, VCAT |
6.7.6–6.7.8 |
|
5.6.7, 5.6.10 |
|
|
Fidelity Fund |
6.7.13, 6.7.17 |
|
law-related services, activities |
6.7.10–6.7.11 |
|
legal aid funding |
6.7.9 |
|
professional associations |
6.7.14 |
|
Statutory Deposit Account |
6.7.2, 6.7.4 |
|
timing of payments, instalments |
6.7.12 |
|
transfers of money from Fidelity Fund to |
6.7.3, 6.7.21 |
|
transitional provisions |
Sch. 2 |
|
Qualifications |
2.3.2, 2.3.12 |
|
|
|
|
Subject |
Section |
|
Receivers |
|
|
access to accounts |
5.6.6 |
|
access to information, documents |
5.5.9 |
|
appeals against appointment of |
5.6.4 |
|
appointment |
|
|
applications by Board for |
5.2.2 |
|
as disciplinary action |
4.4.25 |
|
conditions |
5.6.1 |
|
effect on dealings with trust money, practice |
5.5.3 |
|
instruments of |
5.1.2, 5.5.1 |
|
making of by Supreme Court |
5.5.1 |
|
notice of |
5.5.2 |
|
termination |
5.5.17 |
|
confidentiality |
5.6.9 |
|
death of legal practitioner associates |
5.5.16 |
|
directions of Supreme Court to |
5.6.5 |
|
eligibility for reappointment |
5.6.3 |
|
fees, legal costs, expenses |
5.6.7 |
|
incorporated legal practices subject to |
2.7.29–2.7.30 |
|
powers, functions, duties in general |
5.5.4 |
|
records, accounts to be kept by |
5.5.5 |
|
recovery of money paid away in bets by |
5.5.13 |
|
regulated property handled by |
|
|
definition |
5.1.2 |
|
destruction, concealment, removal |
5.5.15 |
|
examinations by Court regarding |
5.5.10 |
|
liens for costs on |
5.5.11 |
|
not to be attached |
5.5.12 |
|
receivers' powers to deal with |
5.5.8 |
|
recovery if transferred in breach of trust |
5.5.14 |
|
seizure |
5.5.6 |
|
taking of delivery, possession by receivers |
5.5.6–5.5.7 |
|
transfer, delivery |
5.5.17 |
|
reimbursement for damages recovered against |
5.6.10 |
|
reports |
5.6.8 |
|
status of acts of |
5.6.2 |
|
transitional provisions |
Sch. 2 |
|
Register |
6.2.23–6.2.24, 7.2.5 |
|
Regulated property See Receivers |
|
|
Regulations |
|
|
contraventions as unsatisfactory conduct, professional misconduct |
|
|
general power to make, matters provided for |
7.2.17 |
|
regarding |
|
|
community legal centres |
2.9.5 |
|
defaults and Fidelity Fund claims, payments |
3.6.26, 3.6.32, 3.6.42–3.6.43 |
|
2.8.8, 2.8.13–2.8.14 |
|
|
|
|
|
Subject |
Section |
|
incorporated legal practices, corporations |
2.7.4–2.7.5, 2.7.9, 2.7.15, 2.7.24–2.7.25, 2.7.34, 2.7.53, 3.2.15 |
|
legal costs |
3.4.7 |
|
legal practice |
2.2.2 |
|
2.7.37, 2.7.44, 2.7.50, 2.7.53, 3.2.15 |
|
|
names, titles, descriptions used in practice |
2.2.4 |
|
other businesses of legal practitioners |
3.2.8 |
|
trust accounts and money |
3.3.11, 3.3.75 |
|
savings and transitional provisions in |
Sch. 2 |
|
Regulatory authorities |
|
|
definition |
1.2.1 |
|
exchange of information between |
7.2.14–7.2.15 |
|
outline of Chapter 6 |
6.1.2 |
|
2.4.39 |
|
|
purpose of Chapter 6 |
6.1.1 |
|
transitional provisions |
Sch. 2 |
|
See also Board of Examiners; |
|
|
Repeals |
8.1.1 |
|
Retired Australian legal practitioners |
2.2.29 |
|
Review |
|
|
by VCAT of decisions regarding |
|
|
costs of investigations of trust money |
3.3.48 |
|
health assessments |
2.5.4 |
|
interstate practitioners |
2.4.38 |
|
local practising certificates |
2.4.37 |
|
registration of foreign lawyers |
2.8.51 |
|
See also Legal costs |
|
|
Robing |
3.2.7 |
|
Rolls |
|
|
Australian roll (def.) |
1.2.1 |
|
foreign roll (def.) |
1.2.1 |
|
interstate roll (def.) |
1.2.1 |
|
keeping of |
2.3.7 |
|
local roll (def.) |
1.2.1 |
|
notice to other, local authorities of certain matters |
2.6.4, 2.6.6–2.6.8 |
|
orders that name not be removed |
2.6.11 |
|
removal as disciplinary action |
4.4.17–4.4.18, 4.4.25, 4.4.37 |
|
removal from foreign roll |
2.6.7–2.6.8, 2.6.12 |
|
removal from interstate roll |
2.6.6, 2.6.8–2.6.11, 4.4.18 |
|
removal from local roll |
2.4.24, 2.6.4, 2.6.9, 2.6.11–2.6.12 |
|
restoration of name to |
2.6.9 |
|
signing of |
2.3.7–2.3.8 |
|
See also Disqualified persons |
|
|
Subject |
Section |
|
Rules See Admission; Legal profession rules |
|
|
Search and entry powers |
3.3.35–3.3.39, 5.5.6 |
|
Seizure |
|
|
3.3.35–3.3.37, 3.3.40–3.3.42 |
|
|
5.5.6 |
|
|
Service of notices |
7.2.1–7.2.4 |
|
Show cause events |
|
|
definition |
1.2.1 |
|
in relation to foreign lawyers |
2.8.30–2.8.32 |
|
in relation to local practising certificates |
2.4.26–2.4.28 |
|
Sole practitioners See Law practices |
|
|
Solicitor-General |
6.5.1, 6.5.9, 6.5.15 |
|
Suitability matters |
|
|
consideration in relation to |
|
|
admission |
2.3.3 |
|
conduct |
4.4.3 |
|
local practising certificates |
2.4.4 |
|
definition |
1.2.1, 1.2.6 |
|
Suitability reports (def.) |
2.5.2 |
|
Supervised legal practice See Legal practice |
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Supervising legal practitioners |
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Supervisors |
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access to accounts |
5.6.6 |
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appeals against appointment of |
5.6.4 |
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appointment |
5.2.2, 5.3.1–5.3.3, 5.6.1, 5.6.3 |
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confidentiality |
5.6.9 |
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directions of Supreme Court to |
5.6.5 |
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effect of appointment on dealings in trust money |
5.3.3 |
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fees, legal costs, expenses |
5.6.7 |
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powers and duties |
5.3.4–5.3.5 |
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records of dealings with trust money |
5.3.6 |
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reimbursement for damages recovered against |
5.6.10 |
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reports by |
5.6.8 |
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status of acts of |
5.6.2 |
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termination of appointment |
5.3.7 |
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Supreme Court |
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admitted persons as officers of |
2.3.9 |
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contempt of |
2.2.10–2.2.11, 7.2.10 |
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holders of local practising certificates as officers of |
2.4.6 |
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interstate practitioners as officers of |
2.4.36 |
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judges as chairpersons of Board |
6.2.7 |
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judges, Chief Justice as members of Council |
6.5.1, 6.5.3–6.5.4, 6.5.7 |
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judges, Chief Justice as members of Legal Costs Committee |
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Subject |
Section |
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powers, jurisdiction, orders regarding |
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admission |
2.3.4, 2.3.6, 2.3.10–2.3.11, 2.4.4 |
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approval of associates |
2.2.8 |
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control, discipline of local lawyers |
4.4.39 |
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costs reviews |
3.4.45, 3.4.47 |
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conveyancing businesses |
7.1.3 |
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5.6.4–5.6.5 |
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Fidelity Fund claims |
3.6.8, 3.6.10 |
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2.8.27, 2.8.48 |
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2.7.24–2.7.25, 2.7.29–2.7.30 |
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injunctions |
7.2.13 |
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local practising certificates |
2.4.3, 2.6.11 |
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2.7.50 |
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receivers and regulated property |
5.2.2, 5.5.1, 5.5.4, 5.5.6, 5.5.10, 5.5.17, 5.6.1 |
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roll |
2.3.7, 2.6.11–2.6.12, 4.4.17, 4.4.37 |
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Taxing Master |
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costs reviews by |
3.4.38–3.4.48 |
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definition |
3.4.2 |
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Training |
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as condition of local practising certificate |
2.4.14 |
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practical legal training (def.) |
1.2.1 |
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required for admission |
2.3.2, 2.3.12 |
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Transitional provisions |
8.2.1, Sch. 2 |
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Tribunal |
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Trust accounts and money |
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accounts |
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Australian trust accounts (def.) |
1.2.1 |
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closure |
3.3.12 |
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definition |
3.3.2 |
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deficiencies |
2.4.9, 3.3.21–3.3.24, 3.3.61 |
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establishment |
3.3.12 |
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3.3.2, 3.3.11–3.3.14, 3.3.20 |
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interstate trust accounts (def.) |
1.2.1 |
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kept by ADIs |
3.3.2, 3.3.59–3.3.61 |
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notice to Board of` |
3.3.12 |
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reports |
3.3.27, 3.3.61 |
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application of Part 3.3 |
2.8.13, 3.3.5, 3.3.10, 3.3.73 |
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3.2.16, 3.3.2, 3.3.70, 6.7.29 |
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as payment for legal costs |
3.3.20 |
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conditions on local practising certificates regarding |
2.4.14 |
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Subject |
Section |
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controlled money, accounts |
3.3.2, 3.3.11, 3.3.13, 3.3.15, 3.3.20, 3.3.67 |
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dealings with |
3.3.17, 3.3.20 |
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definitions |
1.2.1, 3.3.2, 3.3.13, 3.3.21 |
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deposits with Board |
3.3.64–3.3.69, 6.7.4 |
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determinations as to status of money held |
3.3.4 |
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disbursements |
3.3.14 |
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discharge of obligations regarding |
3.3.8–3.3.9 |
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external examinations, examiners |
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annual examination of trust records |
3.3.52 |
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annual report of |
3.3.54 |
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approved external examiners |
1.2.1, 3.3.51 |
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Board's supervisory role |
3.3.57 |
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courses of education for examiners |
3.3.58 |
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definition |
3.3.2 |
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disclosure of information |
3.3.56 |
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examination of affairs of law practice |
3.3.53 |
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final examination |
3.3.55 |
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production of information, documents for |
3.3.52, 3.3.61 |
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failure to pay, deliver |
3.3.21 |
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holding of |
3.3.14 |
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intermixing with other money |
3.3.19 |
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irregularities in |
3.3.22–3.3.24 |
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legal profession rules |
3.3.74 |
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money not considered to be |
3.3.3 |
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protection |
3.3.18 |
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protocols with corresponding authorities |
3.3.6 |
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purposes of Part 3.3 |
3.3.1 |
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receipt of money |
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as authorised by practising certificates |
2.4.3, 2.4.9, 3.3.71 |
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by barristers |
3.3.71 |
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3.3.71, 3.3.73 |
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by interstate legal practitioners |
2.4.34, 3.3.72 |
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3.3.73 |
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by principals, associates of law practices |
3.3.71 |
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cessation of authorisation |
3.3.55 |
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jurisdiction where received |
3.3.5–3.3.6 |
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names under which recorded |
3.3.26 |
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restrictions on |
3.3.71–3.3.72 |
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time when received |
3.3.7 |
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records |
3.3.2, 3.3.25 |
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regulations |
3.3.11, 3.3.75 |
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required deposit amount |
3.3.62–3.3.69 |
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statutory declarations if no money held |
3.3.54 |
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3.3.2, 3.3.11, 3.3.13, 3.3.16 |
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transitional provisions |
Sch. 2 |
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trust property (def.) |
1.2.1 |
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Subject |
Section |
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unclaimed money |
3.3.20 |
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written directions regarding treatment of |
3.3.13, 3.3.15 |
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See also Defaults; External intervention; |
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Trust accounts and money – Investigations |
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application of privileges |
3.3.46 |
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appointment of inspectors for |
3.3.29–3.3.30, 3.3.50 |
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costs |
3.3.48 |
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disclosure of information regarding |
3.3.49 |
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grounds, time for |
3.3.28 |
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non-compliance with inspectors |
3.3.45 |
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production of information, documents |
3.3.34, 3.3.43–3.3.44, 3.3.46 |
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production of records |
3.3.31 |
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questioning of associates, clerks |
3.3.32–3.3.33 |
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reports |
3.3.47 |
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search and entry powers |
3.3.35–3.3.39 |
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seizure powers |
3.3.35–3.3.37, 3.3.40–3.3.42 |
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Undertakings |
4.4.6 |
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Unsatisfactory professional conduct |
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conduct constituting, capable of constituting |
4.4.4, 4.4.5 |
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regarding |
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associates |
2.2.7 |
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Australian lawyers not practising |
2.2.12 |
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failure to disclose show cause events |
2.4.26–2.4.27 |
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2.8.8, 2.8.30–2.8.31, 2.8.44 |
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2.7.10–2.7.11, 2.7.21, 2.7.24, 2.7.53 |
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interstate legal practitioners |
2.4.32 |
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legal costs |
3.4.12, 3.4.17, 3.4.32, 3.4.46 |
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local practising certificates |
2.4.8 |
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2.7.39–2.7.40, 2.7.49, 2.7.50, 2.7.53 |
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non-compliance with legal profession rules |
3.2.17 |
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principals |
3.3.64, 3.4.12, 7.2.12 |
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removal from foreign, interstate rolls |
2.6.8 |
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required deposit amounts |
3.3.64 |
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definition |
1.2.1, 4.4.2 |
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findings of |
4.4.13, 4.4.16, 4.4.20 |
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See also Complaints; Disciplinary actions;
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VCAT |
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Subject |
Section |
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Victorian Bar |
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approval of clerks to receive trust money |
3.3.70 |
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as prescribed investigatory body |
Sch. 2 |
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definition |
1.2.1 |
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legal profession rules made by |
3.2.9, 3.2.16 |
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See also Professional associations |
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Victorian Bar Council |
3.5.2 |
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Victorian Civil and Administrative Tribunal |
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as successor to Legal Profession Tribunal |
Sch. 2 |
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contraventions of orders |
2.4.4 |
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expenses of |
6.7.8 |
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no fees payable |
4.2.13 |
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powers, jurisdiction, orders regarding |
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conditions on local practising certificates |
2.4.16 |
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disciplinary actions against persons with infirmity, illness |
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disputes |
4.3.15–4.3.17 |
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disqualified persons |
2.2.6 |
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legal costs |
3.4.32, 4.3.17, 4.4.19 |
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professional misconduct, unsatisfactory conduct |
4.4.13, 4.4.15–4.4.24 |
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review powers regarding |
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costs of investigations of trust money |
3.3.48 |
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health assessments |
2.5.4 |
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interstate practitioners |
2.4.38 |
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local practising certificates |
2.4.37 |
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registration of foreign lawyers |
2.8.51 |
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Winding up See External intervention |
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