(1) The Bar Council, the Law Society Council and the applicant concerned are entitled—
(a) to make representations in writing to the NSW Admission Board in relation to any matter under consideration by the Board under Part 2.2 of the , and Legal Profession Uniform Law (NSW) (b) to be represented and heard at any inquiry or appeal under that Part.
(1) The NSW Admission Board may make rules for or with respect to—
(a) any administrative matters relating to the functions of the Board, and (b) registration and deregistration as, and the discipline of, students-at-law and the qualifications for registration, and (c) the examination and assessment in academic subjects of candidates for registration and students-at-law, and (d) fees and costs payable for registration and students-at-law (other than fees for admission to the Australian legal profession) and the refund or remission of fees. (2) Without limiting subsection (1) or the power of the NSW Admission Board to delegate functions under section 20A, the rules may—
(a) provide for the establishment, dissolution and procedures of committees of the Board, and (b) confer or provide for conferring functions on a committee, including any functions of the Board, and (c) provide that a committee exercises any of its functions in an advisory capacity or as delegate of the Board.
(1) The Trustees may from time to time, with the concurrence of the Attorney General, determine that an amount is to be paid from the Public Purpose Fund for any of the following purposes—
(a) the supplementation of any of the following funds—
(i) the Legal Aid Fund, (ii) the Fidelity Fund, (iii) the Law and Justice Foundation Fund, (b) the promotion and furtherance of legal education in New South Wales, (c) the advancement, improvement and extension of the legal education of members of the community, (d) the conduct of research into the law, the legal system, law reform and the legal profession and into their impact on the community, (e) the furtherance of law reform, (f) the establishment and improvement of law libraries and the expansion of the community’s access to legal information, (g) the collection, assessment and dissemination of information relating to legal education, the law, the legal system, law reform, the legal profession and legal services, (h) the encouragement, sponsorship or support of projects aimed at facilitating access to legal information and legal services, (i) the improvement of the access of economically or socially disadvantaged people to the legal system, legal information or legal services. (1A) The Trustees may from time to time, with the concurrence of the Attorney General, determine that an amount is to be paid from income earned from the investment of the community legal services account established in the Public Purpose Fund for the purposes of the community legal services program managed by the Legal Aid Commission. (1B) Subsection (1A) does not limit the payment of any other money from the Public Purpose Fund under any other provision of this section.
(1) Subject to this section, applications for an assessment of the whole or any part of legal costs are to be made in accordance with the costs assessment rules.
(1) On making a determination of costs, a costs assessor is to issue a certificate that sets out the determination and includes—
(a) the amount of costs determined (including any GST component the costs assessor determines is payable), and (b) the amount of any costs of the costs assessment determined under section 78 of this Act or section 204 of the , and Legal Profession Uniform Law (NSW) (c) any interest on those amounts—
(i) determined under section 81 of this Act, or (ii) payable under section 101 of the . Civil Procedure Act 2005 (2) A costs assessor may issue one or more certificates in relation to an application for costs assessment. Certificates may be issued at the same time or at different stages of the assessment process.
(1) An application for assessment of the whole or any part of ordered costs may be made by—
(a) a person who has paid or is liable to pay those costs, or (b) a person who has received or is entitled to receive those costs.
(1) A party to a costs assessment may, within 30 days after the certificate of determination by the costs assessor has been forwarded to the parties in accordance with the regulations or the costs assessment rules, apply for a review of the determination. (1A) The Manager, Costs Assessment may extend the period for lodging an application.
(1) A review panel may, on an application made under section 83 or 84, review the determination of a costs assessor and may—
(a) affirm the costs assessor’s determination, or (b) set aside the costs assessor’s determination and substitute the determination that, in its opinion, should have been made by the costs assessor.
(1) A party to a costs assessment that has been the subject of a review under this Part may appeal against a decision of the review panel concerned to—
(a) the District Court, in accordance with the rules of the District Court, but only with the leave of the Court if the amount of costs in dispute is less than $25,000, or (b) the Supreme Court, in accordance with the rules of the Supreme Court, but only with the leave of the Court if the amount of costs in dispute is less than $100,000.
(1) There is to be a Costs Assessment Rules Committee consisting of the following persons appointed by the Chief Justice of New South Wales—
(a) a Judge of the Supreme Court, (b) a Judge of the District Court nominated by the Chief Judge of the District Court, (c) a barrister nominated by the Bar Council, (d) a solicitor nominated by the Law Society Council, (e) a person nominated by the NSW Commissioner, (f) costs assessors chosen by the Chief Justice.
(1) The Costs Assessment Rules Committee may make rules ( costs assessment rules ), not inconsistent with this Act or the, for or with respect to costs assessments and reviews, including without limitation— Legal Profession Uniform Law (NSW)
(a) the making, timing and processing of applications for costs assessments and reviews, and (b) the conduct of costs assessments and reviews, including—
(i) the practice and procedure for costs assessments and reviews, and (ia) conferring power on costs assessors to take evidence orally or in writing and to examine witnesses and administer oaths, and (ii) the appointment of costs assessors to conduct costs assessments, and (iii) the establishment of review panels and the appointment of costs assessors to review panels, and (iv) matters relating to the interests of costs assessors in particular matters, and (v) the determination and payment of the costs of costs assessments and reviews, and (vi) the issue of certificates of determinations and the forwarding of such certificates (or copies of such certificates)—
(A) by the costs assessor to the parties to the costs assessment or the Manager, Costs Assessment or both, and (B) by the Manager, Costs Assessment to the parties to the costs assessment, and (vii) the giving of reasons for determinations and the provision of supplementary information to accompany the reasons, and (viii) the suspension of a costs determination in the event of an application for a costs review, and (c) requiring a person (including an applicant, the law practice concerned, any other law practice or client, or a costs assessor) to produce documents, to provide information (verified by statutory declaration if the requirement so states), or otherwise to assist in, or co-operate with, the determination or finalisation of an assessment or review, and (d) requiring documents produced in response to a requirement referred to in paragraph (c) to be returned or otherwise disposed of within a period specified in or determined in accordance with the rules, and (e) the correction of errors in a determination.
(1) This section applies to a requirement referred to in section 93(1)(c) or (d).
(1) The Chief Justice of New South Wales may appoint a registrar of the Supreme Court as Manager, Costs Assessment.
(1) The Chief Justice of New South Wales may appoint persons to be costs assessors. (2) A costs assessor has the functions that are conferred on the costs assessor by or under this or any other Act or the . Legal Profession Uniform Law (NSW)
(1) A policy of professional indemnity insurance that complies with this section is an approved insurance policy for this jurisdiction for the purposes of Part 4.4 of the in relation to an entity that— Legal Profession Uniform Law (NSW)
(a) is required to hold or be covered by an approved policy of professional indemnity insurance, and (b) is of a class of entities to which an order under subsection (2) applies. (2) A policy of professional indemnity insurance complies with this section if—
(a) the Attorney General has, by order in writing (given to the Bar Council in the case of professional indemnity insurance for a barrister or to the Law Society Council in any other case), approved of—
(i) the type of policy, and (ii) the level of insurance provided by the policy, and (iii) the terms and conditions of the policy, and (b) (c) the policy is not to expire before the expiration of the term of the Australian practising certificate of the entity to whom the policy relates.
(1) The NSW Commissioner must keep a register (in this Act referred to as the Register of Disciplinary Action ) of—
(a) disciplinary action taken under a law of this jurisdiction against lawyers, and (b) disciplinary action taken under a corresponding law against lawyers who are or were enrolled or practising in this jurisdiction when the conduct that is the subject of the disciplinary action occurred, and (c) disciplinary action taken under a corresponding law against lawyers who are enrolled or practising in this jurisdiction if the disciplinary action was recorded on a register of disciplinary action kept under the corresponding law when the lawyer became enrolled or commenced to practise in this jurisdiction. (2) The register may include the details that may be included in the register under section 435 of the and must not include the details that must not be included in the register under that section. Subsection (3) prevails over this subsection in the event of an inconsistency. Legal Profession Uniform Law (NSW) (3) The local regulations may make provision for or with respect to the information that may or must be included in the register.
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act, the local regulations or the that is prescribed by the regulations as a penalty notice offence. Legal Profession Uniform Law (NSW)
(1) The Governor may make regulations ( local regulations ), not inconsistent with this Act or the, for or with respect to any matter that by this Act or that Law is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act or that Law. Legal Profession Uniform Law (NSW)
(1) This section applies with respect to a report that the Attorney General is required by the following provisions to lay (or cause to be laid) before a House of Parliament—
(a) section 26 or 34 of this Act, (b) clause 26(5) of Schedule 1 or clause 10(7) of Schedule 2 to the . Legal Profession Uniform Law (NSW)