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This legislation has been repealed.

LEGAL PRACTICE ACT 1996

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


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