(1) In this Regulation: appropriate Council means:
(a) in relation to a person who is a barrister or applies for a practising certificate authorising the person to practise as a barrister—the Bar Council, or (b) in relation to a person who is a solicitor or applies for a practising certificate authorising the person to practise as a solicitor—the Law Society Council. associate of a solicitor has the same meaning as it has in Division 1 of Part 6 of the Act.Note— See also clause 73 of this Regulation. controlled money has the same meaning as it has in section 61 (9) of the Act.costs review panel means a panel of 2 costs assessors constituted to conduct a review of a costs assessor’s determination under Subdivision 4A of Division 6 of Part 11 of the Act.excluded offence means:
(a) any offence under the road transport legislation (within the meaning of the ) other than the following: Road Transport (General) Act 1999
(i) an offence under section 42 (1) of the relating to driving a motor vehicle negligently on a road or road related area if the barrister or solicitor concerned is, by way of penalty, sentenced to imprisonment or fined a sum of not less than $200, Road Transport (Safety and Traffic Management) Act 1999 (ii) an offence under section 42 (2) of the relating to driving a motor vehicle on a road or road related area furiously, recklessly or at a speed or in a manner dangerous to the public, Road Transport (Safety and Traffic Management) Act 1999 (iii) any offence under section 19 (2) of the (which relates to refusing to comply with a requirement to produce a driver licence, or to state name and home address, or stating a false name and home address), Road Transport (General) Act 1999 (iv) any offence under section 12 (1) of the (which relates to driving etc while under the influence of alcohol or any other drug), Road Transport (Safety and Traffic Management) Act 1999 (v) any offence under section 25A (1), (2) or (3) of the (which relates to driving while unlicensed and other relevant matters), Road Transport (Driver Licensing) Act 1998 (vi) any offence under section 70 of the (which relates to failing to stop and give assistance after an accident), Road Transport (Safety and Traffic Management) Act 1999 (vii) any offence under section 9 of the (which relates to presence of prescribed concentration of alcohol in person’s blood), Road Transport (Safety and Traffic Management) Act 1999 (viii) an offence under section 43 of the (which relates to menacing driving), Road Transport (Safety and Traffic Management) Act 1999 (ix) any other offence under the road transport legislation if the court orders the disqualification of the barrister or solicitor concerned from holding a driver licence, or (b) any offence relating to the parking of motor vehicles. register means a register kept by a Council under section 38C of the Act.solicitor director has the same meaning as it has in Division 2A of Part 3 of the Act.the Act means the. Legal Profession Act 1987 trust money has the same meaning as it has in section 61 of the Act.
(1) An application by a legal practitioner for a practising certificate must be in a form that is approved by the appropriate Council, and signed by the practitioner, and must contain or be accompanied by the following:
(a) particulars of any partnership of which the practitioner is a member, (b) particulars of any incorporated legal practice of which the practitioner is an officer or employee, including the name of the incorporated legal practice, its Australian Company Number and the names of the directors of the incorporated legal practice, (c) the address of the office or offices at which the practitioner practises or provides legal services and, if more than one office, an indication as to which of those addresses is that of the principal office, (d) in the case of a practitioner who is a member of, or employed by, a partnership or is an officer or employee of an incorporated legal practice—the address of the office or offices at which the partnership or legal practice practises or provides legal services and, if more than one office, an indication as to which of those addresses is that of the principal office, (e) in the case of a practitioner who is employed otherwise than by a partnership or incorporated legal practice—the name of the employer and the address of the principal office of the employer, (ea) the telephone number and facsimile number (if any) of the practitioner at the office or offices at which the practitioner practises or provides legal services, (eb) the number of an exchange box in a document exchange (DX) of Australian Document Exchange Pty. Limited (if any) that is used by the practitioner, (f) if the practitioner does not have in New South Wales an exchange box in a document exchange of Australian Document Exchange Pty. Limited, the name of the practitioner’s Sydney agent (if any), (g) if the practitioner has been found guilty of any offence (other than an excluded offence)—the nature of the offence, (h) if the practitioner has committed an act of bankruptcy (within the meaning of section 3 (3) of the Act)—details of the act of bankruptcy, (i) if the practitioner is a solicitor director of an incorporated legal practice and a financial report and director’s report is required to be prepared in respect of the incorporated legal practice under section 292 of the of the Commonwealth, a copy of those reports (being the reports most recently lodged with the Australian Securities and Investments Commission). Corporations Act 2001 (2) Subclause (1) (g):
(a) applies to an offence whether or not committed in the course of practice as a legal practitioner, and (b) applies to any finding of guilt of an offence whether or not the court proceeded to a conviction for the offence, and (c) applies to an offence committed in New South Wales or to an offence committed outside New South Wales (so long as it would have been an offence, other than an excluded offence, if committed in New South Wales), and (d) applies to a finding of guilt even if other persons are prohibited from disclosing the identity of the offender, and (e) extends to an indictable offence committed before the commencement of this Regulation (and so extends whether the finding of guilt was made before or after that commencement), and (f) extends to an offence (other than an indictable offence) committed after 8 March 1991, and (g) does not apply to a finding of guilt previously disclosed in an application for a practising certificate or under clause 133.
(1) The appropriate Council may accept from the holder of a current practising certificate the surrender of the certificate and an application for a new practising certificate and may issue a new practising certificate for the rest of the term of the surrendered certificate. (2) The appropriate Council may accept from the holder of a practising certificate the surrender of the certificate if:
(a) the Council is satisfied that there is a good reason for the surrender of the certificate (for example, that the holder is retiring from practising as a barrister or solicitor or no longer intends to practise as a barrister or solicitor in New South Wales), and (b) the Council is not aware of any circumstances relating to the holder that would give rise to the conducting of an investigation, or the taking of disciplinary action, under the Act.
(1) The appropriate Council may publish, in circumstances which it considers appropriate, all or any of the following information:
(a) the name of any legal practitioner on the register, (b) the name of the practitioner’s firm (including a firm that is a partnership or an incorporated legal practice) or employer, the address at which the practitioner, or the firm or employer of the practitioner, practises or provides legal services, (c) the telephone number and facsimile number of the practitioner at the office or offices at which the practitioner practises or provides legal services, (d) the number of an exchange box in a document exchange (DX) of Australian Document Exchange Pty. Limited that is used by the practitioner, (e) any other relevant contact information for the legal practitioner at the office or offices at which the practitioner practises or provides legal services.
Note— Section 47L of the Act provides that Part 6 of the Act applies to incorporated legal practices and, for that purpose, authorises the regulations to modify the application of Part 6.
(1) For the purposes of section 193 (1) of the Act, the following particulars are to be included in a bill of costs:
(a) a description of the legal service provided, (b) the total amount of the costs charged, (c) any intended claim for interest under section 190 of the Act if the costs are not paid (including the rate of interest), (d) a statement:
(i) in a case where the bill of costs is given to a client—that the client may apply to have the costs assessed under Part 11 of the Act, but that if the costs have been wholly or partly paid, the application must be made within 12 months after the client is given the bill of costs, or (ii) in a case where the bill of costs is given by a barrister or solicitor who was retained by another barrister or solicitor to act on behalf of a client and the bill of costs is given to that other barrister or solicitor—that the barrister or solicitor who is given the bill of costs may apply to have the costs assessed under Part 11 of the Act within 30 days after the bill of costs is given, (e) the work done in providing the legal service, (f) the period over which that work was done, (g) the identity of the persons who did that work (including the position of the persons, for example, partner, associate), (h) the basis on which the costs have been calculated and charged (whether on a lump sum basis, an hourly rate basis, an item of work basis, a part of proceedings basis or other basis), (i) the facts relied on to justify the costs charged by reference to the above, the practitioner’s skill, labour and responsibility, the complexity, novelty or difficulty of the matter, the quality of the work done or any other relevant matter.
(1) The Chief Justice of the Supreme Court may, on the recommendation of the costs assessors’ rules committee, approve forms (and amendments to such approved forms) for the purposes of the provisions of this Part.
(1) For the purposes of section 203 (1) of the Act, an application for assessment (other than an application for assessment of party/party costs under section 202 of the Act) by the client is to be made in the approved form.
(1) For the purposes of section 203 (1) of the Act, an application for assessment of party/party costs under section 202 of the Act is to be made in the approved form.
(1) The following procedure applies to an application for assessment of party/party costs made under section 202 (1) of the Act by the person to whom the costs are payable:
(a) Before the application is made to the Manager, Costs Assessment, the person proposing to make the application is to complete the form of application in the approved form referred to in clause 55 (1) and send a copy of the application to the person liable to pay the costs with a notice advising the person that any objection to the application must be lodged with the applicant in writing within 21 days after the person receives the notice. (b) The applicant is to attach to the application any such objection received by the applicant before the application is lodged with the Manager, Costs Assessment. The applicant may attach to the application a response to any such objection. (c) If no such objection is received, the applicant is to certify in the application that no objection was received by the applicant before the application was lodged with the Manager, Costs Assessment. (d) The application may not be lodged with the Manager, Costs Assessment until after the applicant duly receives an objection or the period referred to in paragraph (a) expires (whichever first occurs). (e) In accordance with section 204 of the Act, a copy of the application is to be sent by the Manager, Costs Assessment to the person who is liable to pay the costs. (f) Any objection that is lodged with the applicant after the application is lodged with the Manager, Costs Assessment is to be sent by the applicant to the costs assessor to whom the application for assessment is referred (together with any response that the applicant wishes to make).
(1) A legal practitioner must not give advice to a client to the effect that a document should be destroyed, or should be moved from the place at which it is kept or from the person who has possession or control of it, if the legal practitioner is aware that:
(a) it is likely that legal proceedings will be commenced in relation to which the document may be required, and (b) following the advice will result in the document being unavailable or unusable for the purposes of those proceedings. (2) A legal practitioner must not destroy a document or move it from the place at which it is kept or from the person who has possession or control of it, or aid or abet a person in the destruction of a document or in moving it from the place at which it is kept or from the person who has possession or control of it, if the legal practitioner is aware that:
(a) it is likely that legal proceedings will be commenced in relation to which the document may be required, and (b) the destruction or moving of the document will result in the document being unavailable or unusable for the purposes of those proceedings.
(Clause 3 (4))
(Clause 46)
(Clause 47)
(Clause 143)