This legislation has been repealed.
Act No. 35/1996 Version incorporating amendments as at 5 April 2005 TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purposes 2. Commencement 3. Definitions 3A. When does a practitioner establish a practice? 4. When is money received? 5. Legal practitioner acting as agent for another PART 2-FORMAL REQUIREMENTS FOR LEGAL PRACTICE Division 1-Admission to legal practice 6. Admission to legal practice 7. Admission fee 8. Effect of admission Division 2-The Register 9. Register of legal practitioners and firms 10. Inspection of the Register 11. Notification of changes by firms 12. Notification of changes by incorporated practitioners 13. Notification of changes by individual practitioners 13A. Notification of changes by interstate practitioners and registered foreign practitioners 14. Notification of deaths and liquidations Division 3-Registration and RPA allocation 15. Application for registration by firms 16. Registration and RPA allocation 17. Allocation of practitioners who join firms or incorporated practitioners 18. Intending practitioners must notify Board 19. RPA allocation of intending practitioners Division 4-Practising certificates 20. Practising certificates-form and conditions 21. Duration of practising certificates 22. Application for practising certificate (new or former practitioners) 23. Application for practising certificate (renewing practitioners) 23A. Late application for practising certificate 24. Application for variation of conditions 25. Further information 26. Mandatory refusal of practising certificates 27. Refusal of practising certificates for trust account irregularities 28. Refusal of practising certificates for misconduct or corporate irregularities 29. Issue or refusal of practising certificates or variation of conditions 30. Applicant may apply to Full Tribunal 31. Appeal to Court of Appeal 32. Payment and refund of fees and contributions 33. Surrender of practising certificate 34. Mandatory suspension or variation of practising certificate for insolvency 34A. Expungement of record of suspension or variation under section 34. 35. Notification of failure to pay contributions or levies 36. Suspension of practising certificate for failure to pay contributions or levies 37. Suspension of practising certificate for trust account deficiencies 38. Other grounds for suspension 39. Effect of suspension 40. Application to Full Tribunal following suspension 41. Appeal to Court of Appeal 41A. Variation of practising certificate conditions pending criminal proceedings 41B. Appeal to Court of Appeal Division 5-Re-allocation of firms and practitioners 42. Notice of ceasing to be eligible (firms and incorporated practitioners) 43. Re-allocation of firms and incorporated practitioners ceasing to be eligible 44. Notice of ceasing to be eligible (sole and corporate practitioners) 45. Re-allocation of sole and corporate practitioners ceasing to be eligible 46. Re-allocation as a result of becoming eligible 47. Firm or incorporated practitioner may apply for re-allocation 48. Re-allocation of firm or incorporated practitioner 49. Individual practitioner may apply for re-allocation 50. Re-allocation of individual practitioners 51. Exchange of information on re-allocation 52. Return of information necessary for disputes, investigations and charges PART 2A-INTERSTATE PRACTICE Division 1-Preliminary 53. Purposes of this Part Division 2-Legal practice by interstate practitioners 54. Status of interstate practitioners 55. Interstate practitioner may practise in Victoria 56. Notification requirements for interstate practitioners 57. RPA allocation Division 3-Disputes, complaints and discipline 58. Current practitioners practising interstate 59. Referral of disputes and disciplinary matters to interstate regulatory authorities 60. Dealing with matters referred by interstate regulatory authorities 61. Furnishing information Division 4-Further provisions for current practitioners in relation to interstate practice 62. Current practitioners are subject to interstate regulatory authorities 63. Current practitioner receiving trust money interstate 63A. Current practitioner's professional indemnity insurance Division 5-General 63B. Victorian regulatory authority may exercise powers conferred by interstate law 63C. Agreements and arrangements with interstate regulatory authorities 63D. Repealed 63E. Transitional PART 2B-PRACTICE OF FOREIGN LAW Division 1-Preliminary 63F. Purpose of this Part 63G. Definitions 63H. What is the practice of foreign law? Division 2-Unqualified foreign law practice 63I. Prohibition on unqualified foreign law practice Division 3-Registration of foreign practitioners 63J. Registration notice 63K. Fees and Fidelity Fund contributions 63L. Registration and RPA allocation 63M. Conditions 63N. Notification of decision 63O. Effect of registration and annual fee 63P. Suspension of registered foreign practitioner 63Q. Effect of suspension 63R. Cancellation of registration 63S. Application to Full Tribunal 63T. Appeal to Court of Appeal Division 4-Practice of foreign law 63U. Scope of practice 63V. Form of practice 63W. Letterhead and other identifying documents 63X. Designation 63Y. Employment of current and interstate practitioners by foreign practitioners 63Z. Employment of foreign practitioners by current practitioners, interstate practitioners and firms 63ZA. Professional indemnity insurance 63ZB. Trust money 63ZC. Exemption by Board PART 3-THE MANNER OF LEGAL PRACTICE Division 1-Principles of legal practice 64. General principles of professional conduct 65. Co-advocacy 66. Client access 67. Compulsory clerking prohibited 68. Compulsory chambers prohibited 69. Sole practice by barristers 70. Compulsory robing abolished 71. Regulation of other businesses carried on by current practitioners Division 2-Practice rules 72. Practice rules of RPAs 73. Practice rules of the Board 74. RPA must forward practice rules 75. Board must forward practice rules 76. Legal Ombudsman may recommend disallowance 77. Disallowance of practice rules 78. Effect of disallowance 79. Inspection and purchase of practice rules 80. Guidelines and model rules 81. Interpretation Division 3-Competition 82. Legal Ombudsman to investigate matters relating to competition 83. Practitioner or firm must provide information and documents 84. Report of investigation 85. Tabling in Parliament and government response PART 4-INFORMATION AND LEGAL COSTS Division 1-Information for clients 86. What information must be given to a client? 87. Information if another legal practitioner is to be retained 88. Form of statements 89. Changes must be notified 90. Exceptions to requirement for information 91. Effect of failure to give information 92. Progress reports Division 2-Legal costs generally 93. On what basis are legal costs recoverable? 94. Security for legal costs 95. Interest on unpaid legal costs Division 3-Costs agreements 96. Making costs agreements 97. Costs agreements may be conditional on success 98. Uplifted fees are allowed 99. Contingency fees are prohibited 100. Repealed 101. Effect of costs agreement 102. Certain costs agreements are void 103. Cancellation of costs agreement 104. Appeal to Full Tribunal 105. Appeal to Court of Appeal Division 4-Bills of costs 106. Legal costs cannot be recovered unless bill of costs has been served 107. Bill of costs 108. Person may request itemised bill 109. Interim bills 110. Defence costs in criminal matters 111. Practitioner remuneration orders 112. Publication and availability 113. Disallowance 114. Legal Costs Committee Division 5-Assessment of legal costs 115. Person may apply for assessment of a bill of costs 116. Court may order assessment of costs 117. Court may order division of payments 118. Procedure on assessment 119. Costs of assessment 120. Review of assessment 121. Legal costs subject to a costs dispute are not assessable PART 5-DISPUTES WITH CLIENTS AND DISCIPLINE Division 1-Disputes between clients and practitioners or firms 122. What is a dispute? 123. How is dispute resolution initiated? 124. Other proceedings stayed 125. Lodgement of disputed legal costs with RPA or Board 126. What does the RPA or the Board do with the dispute? 127. Settlement agreements 128. What happens if dispute is not settled? 129. Conciliation of disputes 130. Conciliation agreements 131. What happens if a party does not attend a conference? 132. What happens if conciliation is not successful? 133. What may the Tribunal decide? 134. Costs of hearing 135. Enforcement of orders 136. Suspension of order pending appeal 136A. More appropriate forum Division 2-Complaints about practitioners' and firms' conduct 137. What are misconduct and unsatisfactory conduct? 138. Who may complain? 139. When may a complaint be made? 140. Form of complaint 141. Dismissal of unjustified complaints 142. Complaint treated as dispute in some circumstances 143. Legal Ombudsman may refer complaints to RPA or Board 144. RPA or Board may refer complaints to Legal Ombudsman Division 3-Investigation of practitioners' and firms' conduct 145. Investigation by Legal Ombudsman 146. Investigation by RPA or Board 147. Legal Ombudsman to monitor RPA and Board investigations 148. Legal Ombudsman may give directions to RPA and Board 149. Practitioner or firm must provide information and documents 150. Investigation to be conducted expeditiously 151. What happens after an investigation is completed? 152. Notice of decision Division 4-Review of RPA or Board decisions 153. Application for review 154. Review of decision 155. Role of RPA and Board in review 156. What may the Legal Ombudsman decide? Division 5-Disciplinary jurisdiction of Tribunal 157. When may the Tribunal hear a disciplinary matter? 158. Constitution of Tribunal to hear charge 159. Penalties for unsatisfactory conduct 160. Penalties for misconduct 161. Practitioner or firm may be found guilty of lesser offence 162. Orders for costs 163. Compensation orders 164. Enforcement of orders 165. Suspension of order pending appeal 166. Publication of orders Division 6-Appeals 167. Appeal to Full Tribunal 168. Security for costs of appeal 169. Power of Full Tribunal on appeal 169A. Orders for costs in disputes appeals 170. Appeal to Court of Appeal Division 7-General 171. Application of Part 171A. Application of Part to foreign practitioners 172. Power of Supreme Court to discipline practitioners PART 6-CLIENTS' MONEY Division 1-How practitioners and firms must handle trust money 173. Establishment of trust account 173A. Trust account details to be notified to Board 174. Dealing with trust money 175. Protection for authorised deposit-taking institutions 176. Board may make arrangement with authorised deposit-taking institutions 177. Approved clerks 178. Unqualified trust money receipt Division 2-Statutory deposit with Board 179. Initial deposit of trust money with the Board 180. Continuing requirement to deposit 181. Repayment by Board Division 3-Record keeping, auditing and reporting 182. What records must be kept? 182A. Board may require information about trust account balances 183. Annual audit of trust accounts 184. Annual report of trust account audit or statutory declaration 185. Final audit of trust account 186. Board's supervisory role in audits 187. Courses of education for auditors Division 4-Deficiencies in trust accounts 188. Trust account must not be in deficit 189. Practitioner must inform Board of suspected deficiencies 190. Approved clerks must inform Board of suspected deficiencies 191. Authorised deposit-taking institutions must report deficiencies in trust accounts Division 5-Investigations 192. RPA or Board may appoint inspector to investigate 193. Legal Ombudsman may appoint auditor to investigate 194. Assistance with investigation 195. Power of entry with warrant 196. Inspector must report on investigation 197. Cost of investigation 198. Secrecy 199. Rules for qualification of inspectors PART 7-DEFALCATIONS Division 1-Contributions and Levies 200. Determination of classes of practitioners 201. Determination of contributions 202. Payment of contributions 203. Levies 204. Who must pay a levy? 205. When is a levy payable? 206. Board may recover contribution or levy 207. Employer must pay contribution or levy or reimburse employee Division 2-Claims 207A. Definitions 208. Entitlement to claim against the Fidelity Fund 209. Making a claim 210. Investigation of claim 211. Determination of claim 212. Assertion of claim in court 213. Court proceedings 214. Quantum of claim 215. Additional payments out of Fund 216. Payments out of Fund 217. Subrogation of Board 218. Immunity for innocent partners etc. 219. Subrogation of innocent partners etc. 220. Disallowance of subrogated claim 221. What is due diligence? 222. Board may insure against liability 223. Application of insurance money PART 8-PROFESSIONAL INDEMNITY INSURANCE Division 1-Professional indemnity insurance 224. Firms required to insure 225. Incorporated practitioners required to insure 226. Sole practitioners required to insure 227. Insurance to be maintained during legal practice 227A. Trade Practices Act and Competition Code 228. Terms and conditions of insurance 229. Interstate practitioners 229A. Exemption from insurance requirements Division 2-Legal Practitioners' Liability Fund 230. Establishment 231. Payments into Fund 232. Payments out of Fund 233. Investment of Fund 233A. Levies Division 3-Legal Practitioners' Liability Committee 234. Establishment 235. Liability Committee not to represent the Crown 236. Functions and powers 237. Membership 238. Payment of members 239. Acting members 240. Meetings 241. Resolutions without meetings 242. Validity of acts or decisions 243. Conflicts of interest 244. Staff and consultants 245. Consolidated annual reports 246. Secrecy 247. Immunity PART 9-RECEIVERS AND MANAGERS Division 1-Definitions 248. Definitions Division 2-Appointment of receiver 249. Application for appointment of receiver 250. Order appointing receiver 251. Trust account dealings 252. Carrying on of legal practice 253. Receiver may invest money 254. Receiver may require delivery of property 255. Delivery of property to receiver 256. Receiver may seek power of entry 257. Application in relation to accounts 258. Receiver may recover money paid away in bets 259. Recovery of property where there has been a breach of trust etc. 260. Time within which receiver may recover property 261. Requirement to pay compensation for defalcation to receiver 262. Subrogation of receiver 263. Improperly destroying property etc. 264. Receiver may deal with property 265. Claims to property 266. Summons for directions 267. Liens for regulated practitioner's legal costs 268. Examination by receiver 269. Termination of appointment of receiver 270. Property not dealt with by receiver 271. Remuneration of receiver 272. Receiver may be reimbursed for damages 273. Receiver is not personal representative 274. Property not to be levied 275. Returns by receivers 276. Surplus to be paid into Fidelity Fund 277. Costs Division 3-Appointment of manager 278. Appointment of manager 279. Powers of manager 280. Receivership terminates management 281. Acts of manager to be taken as acts of regulated practitioner 282. Payment of expenses of management 283. Manager may be reimbursed for damages 284. Manager to report to RPA or Board 285. Termination of appointment of manager 286. Termination of management 287. Application of Part 6. 288. Office accounts PART 10-INCORPORATED PRACTITIONERS 289. Application for registration 290. Nomination of RPA 291. Registration 292. RPA allocation 293. Form and object of incorporated practitioner 294. Directors 295. Shares 296. Powers of incorporated practitioners 297. Directors' and members' liability PART 11-RECOGNISED PROFESSIONAL ASSOCIATIONS Division 1-Accreditation 298. Application for accreditation 299. Criteria for accreditation 300. Publication and duration of accreditation 301. Renewal of accreditation 302. Withdrawal from accreditation 303. Board may issue non-compliance notice 304. Effect of non-compliance notice 305. Suspension of accreditation 306. Appointment of administrator 307. Revocation of accreditation 308. Re-allocation of regulated practitioners 309. Application of Administrative Law Act 310. Board may advance money to prospective RPA Division 2-RPA administration 311. Official publications 312. Reports to Board 313. Delegation PART 12-UNQUALIFIED PRACTICE 314. Prohibition on unqualified legal practice 315. Exceptions to prohibition on unqualified legal practice 316. Injunction restraining unqualified practice 317. Sharing income with unqualified persons 318. Employment or engagement of practitioners without practising certificates 319. Employment or engagement of persons who have been banned from legal practice 320. Authorisation of employment or engagement 321. Orders prohibiting employment or engagement of certain persons 322. Appeal to Court of Appeal 323. Unqualified persons must inform prospective employers 324. Permitting or assisting unqualified persons to practise 325. Prisoners must not practise PART 13-CONVEYANCING BUSINESSES 326. Definitions 327. Employment or engagement in conveyancing business 328. Authorisation of employment or engagement 329. Unqualified persons must inform prospective employers 330. Conveyancers must disclose insurance etc. 330A. Board may require information and documents from conveyancers PART 14-COUNCIL OF LEGAL EDUCATION AND BOARD OF EXAMINERS Division 1-Council of Legal Education 331. Council of Legal Education 332. Functions and powers 333. Meetings 334. Deputy for Attorney-General 335. Staff and consultants 336. Validity of acts or decisions 337. Rules Division 2-Board of Examiners 338. Board of Examiners 339. Resignation and removal 340. Chairperson 341. Functions and powers 342. Appeal to Supreme Court 343. Meetings 344. Deputy members 345. Staff and consultants 346. Validity of acts or decisions PART 15-LEGAL PRACTICE BOARD Division 1-The Board 347. Establishment 348. Board not to represent the Crown 349. Membership 350. Chairperson and deputy chairperson 351. Practitioner members 352. Non-practitioner members 353. Payment of members 354. Vacancies, resignations, removal from office 355. Acting appointments 356. Casual vacancies of practitioner members 357. Meetings 358. Conflicts of interest 359. Resolutions without meetings 360. Validity of acts or decisions 361. Staff, consultants and delegation 362. Secrecy 363. Immunity Division 2-Election of practitioner members 364. Electoral rolls 365. Enrolment 366. Elections 367. Preferential voting 368. Election of advocate and non-advocate members 369. Elections to fill casual vacancies 370. Arrangements with Victorian Electoral Commission 371. Regulations PART 16-ESTABLISHMENT OF FUNDS Division 1-Public Purpose Fund 372. Public Purpose Fund 373. Accounts in Public Purpose Fund 374. General Account 375. Statutory Deposit Account 376. Legal Practice Board Account 377. Legal Profession Tribunal Account 378. Legal Ombudsman 379. Trust Accounts Regulation Account 380. Legal Aid Fund 381. Victoria Law Foundation 382. Leo Cussen Institute 383. Law Reform and Research Account 384. Limit on amounts 384A. Board may take into account previous funding 384B. Timing of payments and instalments 385. Fidelity Fund 386. Legal Practice Fund 387. Payments to RPAs for continuing legal education programs etc. Division 2-Fidelity Fund 388. Legal Practitioners' Fidelity Fund 389. Payments to liquidators etc. 390. Public Purpose Fund Division 3-Legal Practice Fund 391. Legal Practice Fund 392. Payments to RPAs for regulating practitioners PART 17-LEGAL PROFESSION TRIBUNAL Division 1-Tribunal 393. Establishment 394. Chairperson and deputy chairpersons 395. Registrar and deputy registrar 396. Term of office and payment 397. Vacancies, resignation and removal from office 398. Acting chairperson 399. Acting registrar and deputy registrar 400. Composition of Tribunal for proceedings 401. Validity of proceedings 402. Majority decisions 403. Change in composition 404. Disclosure of interests 405. Staff 406. Protection of members, advocates and witnesses Division 2-Procedure of Tribunal 407. Duty to act fairly 408. Evidence 409. Reasons 410. Who is entitled to appear? 411. Tribunal may join parties and grant leave to intervene 412. Tribunal must give notice of hearings and allow witnesses 413. Hearings are open to public unless otherwise ordered 413A. Interim orders 414. Directions 415. Rules Division 3-Conciliators 416. Panel of conciliators 417. Payment of conciliators 418. Secrecy 419. Immunity PART 18-LEGAL OMBUDSMAN 420. Appointment 421. Payment 422. Resignation, suspension and removal 423. Acting appointment 424. Validity of acts and decisions 425. Staff and consultants 425A. Delegation 426. Annual reports 427. Other reports 428. Secrecy 429. Immunity 430. Ex gratia payments PART 19-GENERAL Division 1-Notices and evidentiary matters 431. Service of notices on practitioners and firms 432. Service on the Board and RPAs 433. Service of notices on other persons 434. When is service effective? 435. Evidentiary matters Division 2-Offences 436. Compliance with Tribunal orders etc. 437. Failing to appear or produce documents 438. Contempt of Tribunal 439. False or misleading information 440. Offences by firms 441. Who may prosecute offences? Division 2A-Investigation of offences 441A. Board may appoint person to investigate 441B. Assistance with investigation 441C. Power of entry with warrant 441D. Inspector must report on investigation 441E. Secrecy Division 3-Miscellaneous 442. Liability for negligence etc. 443. Destruction of documents 444. Supreme Court-limitation of jurisdiction Division 4-Regulations 445. Regulations PART 20-Repealed 446-451. Repealed PART 21-REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONALS 452, 453. Repealed 454. Savings, transitional and other provisions __________________ SCHEDULE 1-Repealed SCHEDULE 2-Savings, transitional and other provisions --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details