Western Australian Current Acts
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LEGAL PROFESSION UNIFORM LAW (WA)
TABLE OF PROVISIONS
CHAPTER 1--Preliminary
PART 1.1--Introduction
1 Citation
2 Commencement
3 Objectives
4 Extraterritorial operation of this Law
5 Jurisdictional arrangements
PART 1.2--Interpretation
6 Definitions
7 Interpretation generally
8 Meaning of pro bono basis
CHAPTER 2--Threshold requirements for legal practice
PART 2.1--Unqualified legal practice
9 Objectives
10 Prohibition on engaging in legal practice by unqualified entities
11 Prohibition on advertisements or representations by or about unqualified entities
12 Entitlement of certain persons to use certain titles, and presumptions with respect to other persons
13 Protection of lay associates
14 Functions of local regulatory authority with respect to offence
PART 2.2--Admission to the Australian legal profession
Division 1--Introduction
15 Objective
Division 2--Admission
16 Admission
17 Prerequisites for compliance certificates
18 Exemption from certain prerequisites
19 Compliance certificates
20 Conditional admission of foreign lawyers
21 Declaration of early assessment of suitability for a compliance certificate
22 Supreme Court roll
23 Removal from Supreme Court roll
24 Notice to be given of interjurisdictional action
25 Australian lawyer is officer of Supreme Court
Division 3--Appeals
26 Right of appeal about compliance certificates
27 Right of appeal about early assessment of suitability for a compliance certificate
28 Provisions relating to appeals
Division 4--Miscellaneous
29 Accreditation of law courses and providers of practical legal training
CHAPTER 3--Legal practice
PART 3.1--Introduction
30 Objectives
31 Action in relation to certificates is taken locally
PART 3.2--Law practices--general provisions
32 Business structures
33 Obligations not affected by nature of business structures
34 Responsibilities of principals
35 Liability of principals
36 Discharge by legal practitioner associate of obligations of law practice
37 Involvement of practitioners
38 Privileges of practitioners
39 Undue influence
40 Approval of relationships regarding principals
41 Uniform Rules
PART 3.3--Australian legal practitioners
Division 1--Introduction
42 Objectives
Division 2--Australian practising certificates
43 Entitlement to practise
44 Grant or renewal of Australian practising certificates in this jurisdiction
45 Prerequisites for grant or renewal of Australian practising certificates in this jurisdiction
46 Notification of principal place of practice
Division 3--Conditions of Australian practising certificates
47 Conditions--categories of practice and trust money
48 Statutory conditions--to comply with admission conditions and to hold only one practising certificate
49 Statutory condition--to engage in supervised legal practice
50 Statutory condition--barrister to undertake reading program
51 Statutory condition--to notify certain events
52 Statutory condition--continuing professional development
53 Discretionary conditions
54 Compliance with conditions
Division 4--Miscellaneous
55 Alteration or substitution of varied certificate
56 Government lawyers
57 Uniform Rules for Australian practising certificates and associated matters
PART 3.4--Foreign lawyers
Division 1--Introduction
58 Objective
59 This Part does not apply to Australian legal practitioners
Division 2--Limited practice without registration
60 Practice of foreign law without registration but for limited periods
Division 3--Registration
61 Entitlement to practise
62 Grant or renewal of Australian registration certificates
63 Notification of principal place of practice
Division 4--Conditions of Australian registration certificates
64 Conditions--trust money
65 Statutory condition--to hold only one Australian registration certificate
66 Statutory condition--to notify certain events
67 Discretionary conditions
68 Compliance with conditions
Division 5--Scope and form of practice
69 Scope of practice
70 Form of practice
Division 6--Miscellaneous
71 Uniform Rules for foreign lawyers
PART 3.5--Variation, suspension and cancellation of, and refusal to renew, certificates
Division 1--Introduction
72 Objectives
73 References to certificate
Division 2--Variation, suspension or cancellation of certificates
74 Variation, suspension or cancellation for minor matters, or at request or with concurrence
75 Variation, suspension or cancellation at direction of tribunal
76 Variation, suspension or cancellation under Division 3 or
77 Immediate variation or suspension before or during consideration of proposed action
78 Lifting of suspension and renewal during suspension
79 Matters involving convictions
80 Notice to be given of interjurisdictional action
81 Notice to be given to certificate holder
Division 3--Variation, suspension or cancellation on specific grounds
82 Grounds for action under this Division
83 Local regulatory authority to give notice before acting under this Division
84 Action taken after giving notice
Division 4--Show cause procedure for variation, suspension or cancellation of, or refusal to renew, certificates
Subdivision 1--Preliminary
85 Show cause events
Subdivision 2--Automatic show cause events
86 Nature of automatic show cause events
87 Automatic show cause events--applicants
88 Automatic show cause events--holders
89 Automatic show cause events--action by local regulatory authority
Subdivision 3--Designated show cause events
90 Nature of designated show cause events
91 Designated show cause events--holders
92 Designated show cause events--action by local regulatory authority
Division 5--Miscellaneous
93 Events or matters occurring before admission or registration
94 Restriction on making further applications
95 Consideration and investigation of applicants or holders
96 Deferral of action or temporary renewal for limited purposes
97 Relationship of this Part with Chapter
98 Uniform Rules
PART 3.6--Appeal or review about certificates
99 Objective
100 Right of appeal or review about Australian practising certificates
101 Right of appeal or review about Australian registration certificates
PART 3.7--Incorporated and unincorporated legal practices
Division 1--General
102 Application of this Division
103 Services that may be provided
104 Notice of intention to engage in or terminate legal practice
105 Principals
106 Law practice without principal
107 Disclosure obligations
Division 2--Provisions applying to incorporated legal practices only
108 External administration proceedings under Corporations Act or other legislation
109 Incorporated legal practice that is subject to receivership under this Law and external administration under Corporations Act
110 Incorporated legal practice that is subject to receivership under this Law and external administration under other legislation
111 Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices
112 Relationship of Law to constitution of, or legislation establishing, incorporated legal practice
113 Relationship of Law to Corporations legislation
Division 3--Miscellaneous
114 Approval of business structures
115 Uniform Rules for incorporated and unincorporated legal practices
PART 3.8--Community legal services
116 Status of community legal services
117 Supervising legal practitioner
118 Uniform Rules for community legal services
PART 3.9--Disqualifications
Division 1--Making of disqualification orders
119 Disqualification of individuals (other than practitioners)
120 Disqualification of entities from providing legal services
Division 2--Prohibitions and other provisions regarding disqualified persons and disqualified entities
121 Contravention by law practice--disqualified or convicted person as lay associate
122 Contravention by disqualified person
123 Contravention by Australian legal practitioner
124 Disqualified entity ceases to be incorporated or unincorporated legal practice
125 Spent convictions
CHAPTER 4--Business practice and professional conduct
PART 4.1--Introduction
126 Objectives
PART 4.2--Trust money and trust accounts
Division 1--Preliminary
127 Objective
128 Definitions
129 Meaning of trust money
130 Application of this Part to law practices and trust money
131 Australian-registered foreign lawyers
132 Former practices, principals and associates
133 Receiving or holding money by or on behalf of barristers on account of legal costs for legal services
134 Provisions relating to certain money
Division 2--Trust money and trust accounts
135 Dealing with trust money
136 General trust account for each jurisdiction
137 Certain trust money to be deposited in general trust account
138 Holding, disbursing and accounting for trust money in general trust account
139 Controlled money
140 Transit money
141 Trust money subject to specific powers
142 Trust money subject to a written direction
143 Trust money received in the form of cash
144 Withdrawal of trust money
145 Protection of trust money
146 Intermixing money
147 Keeping trust records
148 Deficiency in trust account
149 Authorised deposit-taking institutions
150 Authority to receive trust money
151 Disclosure of accounts used to hold money
152 Determinations about status of money
153 When, how and where money is received
154 Reporting irregularities and suspected irregularities
Division 3--External examinations of trust records
155 Appointment of external examiner to conduct external examination of trust records
156 Qualifications of external examiners
157 External examinations
158 Carrying out external examination
159 External examiner’s report
160 Costs of external examination
Division 4--External investigations
161 Principal purposes of external investigation
162 Appointment of external investigators
163 External investigations
164 Carrying out external investigation
165 Investigator’s report
166 Costs of external investigation
Division 5--Miscellaneous
167 Unclaimed money
168 Uniform Rules for trust money and trust accounts
PART 4.3--Legal costs
Division 1--Introduction
169 Objectives
170 Commercial or government clients
171 Third party payers
Division 2--Legal costs generally
172 Legal costs must be fair and reasonable
173 Avoidance of increased legal costs
Division 3--Costs disclosure
174 Disclosure obligations of law practice regarding clients
175 Disclosure obligations if another law practice is to be retained
176 Disclosure obligations of law practice regarding associated third party payers
177 Disclosure obligations regarding settlement of litigious matters
178 Non-compliance with disclosure obligations
Division 4--Costs agreements
179 Client’s right to costs agreement
180 Making costs agreements
181 Conditional costs agreements
182 Conditional costs agreements involving uplift fees
183 Contingency fees are prohibited
184 Effect of costs agreement
185 Certain costs agreements are void
Division 5--Billing
186 Form of bills
187 Request for itemised bills
188 Responsible principal for bill
189 Giving bills
190 Progress reports
191 Charging for bills prohibited
192 Notification of client’s rights
193 Interim bills
Division 6--Unpaid legal costs
194 Restriction on commencing proceedings to recover legal costs
195 Interest on unpaid legal costs
Division 7--Costs assessment
196 Application of this Division generally
197 Application of this Division where complaint made
198 Applications for costs assessment
199 Costs assessment
200 Factors in a costs assessment
201 Reasons to be given
202 Referral for disciplinary action
203 Admissibility determinations in disciplinary proceedings
204 Costs of costs assessment
205 Right of appeal or review
Division 8--Miscellaneous
206 Security for legal costs
207 Unreasonable legal costs--disciplinary action
208 Uniform Rules for legal costs
PART 4.4--Professional indemnity insurance
209 Objectives
210 Approved insurance policy
211 Australian legal practitioners
212 Incorporated legal practices
213 Community legal services
214 Australian-registered foreign lawyers
215 Exemptions
216 Notification of proposed change of jurisdiction in which professional indemnity insurance is obtained
217 Uniform Rules for professional indemnity insurance
PART 4.5--Fidelity cover
Division 1--Introduction
218 Objective
219 Definitions
220 Meaning of relevant jurisdiction
221 Defaults to which this Part applies
Division 2--Fidelity funds and fidelity authorities
222 Fidelity fund for this jurisdiction
223 How this Part applies to this jurisdiction
Division 3--Fidelity fund
224 Funding
225 Annual contributions
226 Levies
227 Failure to pay annual contribution or levy
228 Insurance
229 Borrowing
230 Caps on payments for claims
231 Sufficiency
232 Audit
Division 4--Claims about defaults
233 Entitlement to make a claim
234 Making a claim
235 Advertisements
236 Time limit for making claims
237 Processing and investigation of claims
238 Advance payments
239 Claims by law practices or associates about notional defaults
Division 5--Determination of claims
240 Determination of claims
241 Maximum amount allowable
242 Costs
243 Interest
244 Reduction of claim because of other benefits
245 Repayment of certain amounts
246 Subrogation
247 Right of appeal against decision on claim
248 Right of appeal against failure to determine claim
249 Court proceedings
Division 6--Defaults involving interjurisdictional elements
250 Concerted interjurisdictional defaults
251 Default involving interjurisdictional elements if committed by one associate only
252 Interjurisdictional agency
Division 7--Miscellaneous
253 Cooperation
254 Protection from liability
255 Uniform Rules for fidelity cover
PART 4.6--Business management and control
256 Compliance audits
257 Management system directions
258 Prohibited services and business
259 Uniform Rules for legal services
CHAPTER 5--Dispute resolution and professional discipline
PART 5.1--Introduction
260 Objectives
261 References to lawyers
262 Application of this Chapter to conduct of lawyer or law practice
263 Application of this Chapter to lawyers and law practices
264 Jurisdiction of Supreme Courts
PART 5.2--Complaints
Division 1--Making complaints and other matters about complaints
265 What is a complaint?
266 Who may make a complaint?
267 How is a complaint made?
268 Matters in a complaint
269 Consumer matters (including costs disputes)
270 Disciplinary matters
271 Mixed complaints
272 Time limits on making complaints
273 Withdrawing complaints
274 Where complaint is dealt with
275 Other rights not affected
Division 2--Preliminary assessment of complaints
276 Preliminary assessment of complaint
277 Closure of whole or part of complaint after preliminary assessment
278 Immediate suspension of practising or registration certificate
Division 3--Notification to and submissions by respondents
279 Notification to respondent about complaint
280 Submissions by respondent
281 Exceptions to requirement for notification of complaint
Division 4--Investigation of complaints
282 Power to investigate complaints
283 Extending scope of investigation
284 Referral of matters for costs assessment
PART 5.3--Consumer matters
Division 1--Preliminary
285 Application of this PART
Division 2--Provisions applicable to all consumer matters
286 Prerequisite to resolution action by local regulatory authority
287 Informal resolution of consumer matters
288 Mediation
289 Settlement agreements
290 Determination of consumer matters by local regulatory authority
Division 3--Further provisions applicable to costs disputes
291 General role of local regulatory authority in costs disputes
292 Binding determinations in costs disputes
293 Cases where binding determinations are not made in costs disputes
294 GST excluded in calculations
PART 5.4--Disciplinary matters
Division 1--Preliminary
295 Application of this PART
296 Unsatisfactory professional conduct
297 Professional misconduct
298 Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
Division 2--Determination by local regulatory authority
299 Determination by local regulatory authority--unsatisfactory professional conduct
Division 3--Role of designated tribunal
300 Initiation and prosecution of proceedings in designated tribunal
301 Procedure of designated tribunal
302 Determination by designated tribunal--disciplinary matters
303 Costs
304 Compliance with orders of designated tribunal
305 Power to disregard procedural lapses
PART 5.5--Compensation orders
306 Making of compensation orders
307 Request by complainant for compensation order
308 Nature of compensation orders
309 Prerequisites for making of compensation orders
310 Enforcement of compensation orders
311 Other remedies not affected
PART 5.6--Appeal or review
312 Finality of determinations of local regulatory authority
313 Internal review of decisions of local regulatory authority
314 Right of appeal or review of decisions of local regulatory authority
PART 5.7--General duties of local regulatory authority
315 Duty to deal with complaints
316 Duty to exercise discretions fairly
317 Duty to deal with complaints efficiently and expeditiously
318 Notice of decisions and determinations
319 Rules of procedural fairness
PART 5.8--Miscellaneous
320 Power to make orders includes power to make recommendations
321 Waiver of privilege or duty of confidentiality--complaints
322 Uniform Rules
CHAPTER 6--External intervention
PART 6.1--Introduction
323 Objectives
324 Further application of this Chapter
325 Operation of appointment of external intervener in another participating jurisdiction
PART 6.2--Initiation of external intervention
326 Circumstances warranting external intervention
327 Determination to initiate external intervention
328 Appointment of external intervener may be general or limited
PART 6.3--Supervisors of trust money
329 Appointment of supervisor of trust money
330 Effect of service of notice of appointment
331 Role of supervisor of trust money
332 Records of and dealing with trust money of law practice under supervision
333 Termination of supervisor’s appointment
PART 6.4--Managers
334 Appointment of manager
335 Effect of service of notice of appointment
336 Role of managers
337 Records and accounts of law practice under management and dealings with trust money
338 Deceased estates
339 Lien for costs on regulated property
340 Termination of manager’s appointment
PART 6.5--Receivers
341 Appointment of receiver
342 Effect of service of notice of appointment
343 Role of receivers
344 Records and accounts of law practice under receivership and dealings with trust money
345 Power of receiver to take possession of regulated property
346 Power of receiver to take delivery of regulated property
347 Power of receiver to deal with regulated property
348 Power of receiver to require documents or information
349 Examinations about regulated property
350 Lien for costs on regulated property
351 Regulated property not to be attached
352 Recovery of regulated property where there has been a breach of trust etc.
353 Improperly destroying property etc.
354 Deceased estates
355 Termination of receiver’s appointment
PART 6.6--General
356 Conditions on appointment of external intervener
357 Status of acts of external intervener
358 Right of appeal or review about appointment of external intervener
359 Directions of designated tribunal
360 Manager and receiver appointed for law practice
361 ADI disclosure requirements
362 Confidentiality
363 Provisions relating to requirements under this Chapter
364 Obstruction of external intervener
365 Fees, costs and expenses
366 Protection from liability
367 Uniform Rules for external intervention
CHAPTER 7--Investigatory powers
PART 7.1--Introduction
368 Objective
369 References to lawyers
PART 7.2--Requirements relating to documents, information and other assistance
370 Requirements--trust records examinations, trust records investigations and compliance audits
371 Requirements--complaint investigations
372 Inspection and copying of documents
373 Retention and return of documents
PART 7.3--Entry and search of premises
374 Investigator’s power to enter premises--trust records investigations, compliance audits and complaint investigations
375 Powers of investigator while on premises
376 Provisions relating to entry and search with consent
377 Search warrants
378 Search warrants--announcement before entry
379 Search warrants--details of warrant to be given to occupier
380 Retention and return of things seized during search
381 Copies of seized things to be provided
PART 7.4--Additional powers in relation to incorporated legal practices
382 Application and operation of this PART
383 Examination of persons
384 Inspection of books
385 Power to hold hearings
PART 7.5--Miscellaneous
386 Report to local regulatory authority of disciplinary matters
387 Obstruction of investigator
388 Obligation of lawyers
389 Protection from liability
390 Uniform Rules
CHAPTER 8--Regulatory authorities
PART 8.1--Standing committee
391 Role of Standing Committee
392 Decisions of Standing Committee
393 Reports for Standing Committee
PART 8.2--Legal services council
394 Establishment and objectives of Council
395 Provisions relating to Council
396 Functions of Council in relation to Commissioner
397 Delegation of Council’s functions
PART 8.3--Commissioner for uniform legal services regulation
398 Establishment and objectives of office of Commissioner
399 Provisions relating to Commissioner
400 Delegation of Commissioner’s functions
401 Independence of Commissioner
PART 8.4--Admissions committee
402 Establishment and functions of Admissions Committee
403 Provisions relating to Admissions Committee
PART 8.5--Local regulatory authorities
404 Independence of local regulatory authorities
405 Local regulatory authority for Chapter 5 functions to be independent entity
406 Delegation of functions of local regulatory authorities
407 Guidelines and directions by Council or Commissioner for local regulatory authorities
408 Guidelines and directions by local regulatory authorities for their delegates
409 Functions of Council in relation to local regulatory authorities
410 Functions of Commissioner in relation to Chapter 5 functions of local regulatory authorities
411 Power of local regulatory authority to take over exercise of delegated function
PART 8.6--General
412 Exercise of functions generally
413 Registers of delegations
414 Documents lodged with Council or Commissioner instead of local regulatory authority
415 Limitation as to individual matters
416 Application of certain Acts of New South Wales
CHAPTER 9--Miscellaneous
PART 9.1--Legal Profession Uniform Regulations
417 Legal Profession Uniform Regulations
418 Publication of Uniform Regulations
PART 9.2--Legal Profession Uniform Rules
419 Power to make Uniform Rules
420 Categories of Uniform Rules
421 Contents of Admission Rules
422 Contents of Legal Practice Rules
423 Contents of Legal Profession Conduct Rules
424 Contents of Continuing Professional Development Rules
425 Development of general Uniform Rules
426 Development of Admission Rules
427 Development of Legal Practice Rules, Legal Profession Conduct Rules and Continuing Professional Development Rules
428 Making of Uniform Rules
429 Cases where public consultation not required
430 Urgent matters
431 Publication of Uniform Rules
PART 9.3--Legal Profession Registers
432 Australian Legal Profession Register
433 Public availability of Australian Legal Profession Register
434 Local legal profession register
435 Content of registers
PART 9.4--Cooperative and other arrangements
436 Arrangements with authorities
437 Ad hoc communication with authorities
438 Disclosure of information to ASIC
439 Disclosure of information between relevant persons
440 Information, assistance and cooperation
441 Cooperation with Commonwealth, States and Territories
PART 9.5--Notices and evidentiary matters
442 Service of notices on lawyers and law practices
443 Service of notices on Council, Commissioner, Admissions Committee, local regulatory authority or delegate
444 Service of notices on other persons
445 Time of service
446 Evidentiary matters
PART 9.6--Injunctions
447 Injunctions to restrain contraventions of Law or Uniform Rules
448 Amendment or discharge of injunctions
449 Interim injunctions--undertakings about costs or damages
450 Supreme Court’s other powers not limited
PART 9.7--Criminal and civil penalties
Division 1--Criminal penalties
451 Criminal penalties
Division 2--Civil penalties
452 Civil penalties
453 Designated tribunal may order payment of pecuniary penalty
454 Contravening a civil penalty provision is not an offence
455 Persons involved in contravening civil penalty provision
456 Recovery of a pecuniary penalty
457 Civil proceedings after criminal proceedings
458 Criminal proceedings during civil proceedings
459 Criminal proceedings after civil proceedings
460 Evidence given in proceedings for penalty order not admissible in criminal proceedings
PART 9.8--Interjurisdictional provisions relating to certain matters
461 Compliance with recommendations or orders made under corresponding laws
PART 9.9--General
462 Prohibition on disclosure of information
463 Effect of decision on appeal or review
464 General provisions about appeal or review
465 Duty to report suspected offences
466 Provisions relating to certain requirements under this Law
467 Protection from liability
468 Non-compellability of certain witnesses
469 Investigation of offences
470 Contraventions by partnerships or other unincorporated bodies
471 Indexation of amounts
472 Supreme Court may order delivery up of documents etc.
473 Forms
474 Fees
475 Provisions applying in relation to non-participating jurisdictions
476 Transitional provisions
SCHEDULE 1 -- Provisions relating to Council
SCHEDULE 2 -- Provisions relating to Commissioner
SCHEDULE 3 -- Provisions applying in relation to non-participating jurisdictions
SCHEDULE 4 -- Savings and transitional provisions
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