LEGAL PROFESSION ACT 2006 (NO 38 OF 2006)

Northern Territory Numbered Acts

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LEGAL PROFESSION ACT 2006 (NO 38 OF 2006)

TABLE OF PROVISIONS

CHAPTER 1---- INTRODUCTION

PART 1.1--PRELIMINARY MATTERS

1. Short title
2. Commencement
3. Main purposes of this Act

PART 1.2--INTERPRETATION

4. Definitions
5. Terms relating to lawyers
6. Terms relating to legal practitioners
7. Terms relating to associates and principals of law practices
8. Home jurisdiction
9. Admission to legal profession
10. Academic qualifications and legal training requirements
11. Suitability matters
12. Corresponding authorities
13. Corresponding disciplinary bodies
14. Corresponding laws and corresponding foreign laws
15. References to convictions for offences
16. Declared offences for Criminal Code

CHAPTER 2---- GENERAL REQUIREMENTS FOR ENGAGING IN LEGAL PRACTICE

PART 2.1--RESERVATION OF LEGAL WORK AND LEGAL TITLES

17. Purposes of Part
18. Prohibition on engaging in legal practice when not entitled
19. Prohibition on representing or advertising entitlement to engage in legal practice when not entitled
20. Presumptions about taking or using name, title or description
21. Appointment of Queen's Counsel or Senior Counsel
22. Schemes for specialist lawyers
23. Contravention of Part by Australian lawyers who are not legal practitioners

PART 2.2--ADMISSION OF LOCAL LAWYERS

Division 1 -- Preliminary matters

24. Purposes of Part

Division 2 -- Admission to legal profession

25. Admission
26. Conditions of admission
27. Roll of persons admitted to legal profession
28. Local lawyer is officer of Supreme Court

Division 3 -- Eligibility and suitability for admission

29. Eligibility for admission
30. Suitability for admission
31. Early consideration of suitability
32. Referral of matters to Supreme Court
33. Binding effect of declaration or order
34. Entitlement to be represented, heard and make representations

Division 4 -- Powers and functions of Admission Board

35. Admission Board to advise on application for admission
36. Compliance certificates
37. Consideration of applicant's eligibility and suitability

Division 5 -- Appeals

38. Appeals

Division 6 -- Miscellaneous matters

39. Mutual recognition local registration authority
40. Certificate of admission
41. Joinder of parties and counsel assisting
42. Costs relating to applications and referrals
43. Admission rules

PART 2.3--LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS

Division 1 -- Preliminary matters

44. Purposes of Part

Division 2 -- Legal practice in this jurisdiction by Australian legal practitioners

45. Entitlement of holder of Australian practising certificate to practise in this jurisdiction

Division 3 -- Local practising certificates generally

46. Local practising certificates
47. Suitability to hold local practising certificate
48. Duration of local practising certificate
49. Local legal practitioner is officer of Supreme Court

Division 4 -- Grant or renewal of local practising certificates

50. Who may apply for grant or renewal of local practising certificate
51. Making application and fees
52. Timing of application for renewal of local practising certificate
53. Late fee
54. Grant or renewal of local practising certificate

Division 5 -- Amendment, suspension or cancellation of local practising certificates

55. Application of Division
56. Grounds for amending, suspending or cancelling local practising certificate
57. Amending, suspending or cancelling local practising certificate
58. Operation of amendment, suspension or cancellation of local practising certificate
59. Other ways of amending or cancelling local practising certificate
60. Relationship of this Division with Chapter 4

Division 6 -- Special powers in relation to local practising certificates -- show cause events

61. Applicant for local practising certificate – show cause event
62. Holder of local practising certificate – show cause event
63. Refusal, amendment, suspension or cancellation of local practising certificate – failure to show cause
64. Restriction on making further applications
65. Relationship of this Division with Part 4.6 and Chapter 6

Division 7 -- Further provisions relating to local practising certificates

66. Immediate suspension of local practising certificate
67. Surrender and cancellation of local practising certificate
68. Return of local practising certificate

Division 8 -- Conditions on local practising certificates

69. Conditions generally
70. Conditions imposed by Law Society
71. Imposition or variation of conditions pending criminal proceedings
72. Statutory condition regarding conditions imposed on interstate admission
73. Statutory condition regarding practice – general
74. Statutory condition regarding practice as barrister
75. Additional conditions on practising certificates of barristers
76. Statutory condition regarding notice of offence
77. Conditions imposed by legal profession rules
78. Compliance with conditions

Division 9 -- Interstate legal practitioners

79. Requirement for interstate practising certificate and professional indemnity insurance
80. Extent of entitlement of interstate legal practitioner to practise in this jurisdiction
81. Additional conditions on practice of interstate legal practitioners
82. Special provisions about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction
83. Interstate legal practitioner is officer of Supreme Court
84. Mutual recognition local registration authority

Division 10 -- Miscellaneous matters

85. Jurisdiction protocols
86. Consideration and investigation of applicants or holders
87. Register of local practising certificates
88. Orders about conditions
89. Appeals
90. Government lawyers – general exemption from certain conditions
91. Government lawyers of other jurisdictions

PART 2.4--SUITABILITY REPORTS

Division 1 -- Preliminary matters

92. Main purpose of Part
93. Definitions

Division 2 -- Police reports

94. Relevant authority may ask for police report

Division 3 -- Health assessments

95. Health assessment
96. Appointment of health assessor
97. Health assessment report
98. Payment for health assessment and report
99. Use of health assessment report

Division 4 -- General matters

100. Operation of this Part

PART 2.5--INTER-JURISDICTIONAL PROVISIONS REGARDING ADMISSION AND PRACTISING CERTIFICATES

Division 1 -- Preliminary matters

101. Purpose
102. Definition
103. Other requirements not affected

Division 2 -- Notices to be given by local authorities to interstate authorities

104. Official notice to other jurisdictions of applications for admission and associated matters
105. Official notice to other jurisdictions of removals from local roll
106. Law Society to notify other jurisdictions of certain matters

Division 3 -- Notices to be given by lawyers to local authorities

107. Lawyer to give notice of removal in another jurisdiction
108. Lawyer to give notice of interstate orders
109. Lawyer to give notice of foreign regulatory action
110. Provisions relating to requirement to give notice

Division 4 -- Taking of action by local authorities in response to notices received

111. Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction
112. Peremptory cancellation of local practising certificate following removal of name from interstate roll
113. Show cause procedure for removal of lawyer's name from local roll following foreign regulatory action
114. Show cause procedure for cancellation of local practising certificate following foreign regulatory action
115. Order for non-removal of name or non-cancellation of local practising certificate
116. Local authority may give information to other local authorities

PART 2.6--INCORPORATED LEGAL PRACTICES AND MULTI-DISCIPLINARY

Division 1 -- Preliminary matters

117. Purposes of Part
118. Definitions

Division 2 -- Incorporated legal practices

119. Nature of incorporated legal practice
120. Non-legal services and businesses of incorporated legal practices
121. Corporations eligible to be incorporated legal practice
122. Notice of intention to start providing legal services
123. Prohibition on representations that corporation is incorporated legal practice
124. Notice of ceasing provision of legal services
125. Incorporated legal practice must have legal practitioner director
126. Obligations of legal practitioner director relating to misconduct
127. Incorporated legal practice without legal practitioner director
128. Obligations and privileges of practitioners who are officers or employees
129. Conflicts of interest
130. Disclosure obligations
131. Effect of non-disclosure of provision of certain services
132. Application of legal profession rules
133. Requirements relating to advertising
134. Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices
135. Sharing of receipts, revenue or other income
136. Disqualified persons
137. Audit of incorporated legal practice
138. Application of Chapter 6
139. Banning of incorporated legal practices
140. Disqualification from managing incorporated legal practice
141. Disclosure of information to ASIC
142. External administration proceedings under Corporations Act
143. External administration proceedings under other legislation
144. Incorporated legal practice subject to receivership under this Act and external administration under Corporations Act
145. Incorporated legal practice subject to receivership under this Act and external administration under other legislation
146. Co-operation between courts
147. Relationship of Act to constitution of incorporated legal practice
148. Relationship of Act to legislation establishing incorporated legal practice
149. Relationship of Act to Corporations legislation
150. Undue influence

Division 3 -- Multi-disciplinary partnerships

151. Nature of multi-disciplinary partnership
152. Conduct of multi-disciplinary partnerships
153. Notice of intention to start practice in multi-disciplinary partnership
154. General obligations of legal practitioner partners
155. Obligations of legal practitioner partner relating to misconduct
156. Actions of partner who is not Australian legal practitioner
157. Obligations and privileges of practitioners who are partners or employees
158. Conflicts of interest
159. Disclosure obligations
160. Effect of non-disclosure of provision of certain services
161. Application of legal profession rules
162. Requirements relating to advertising
163. Sharing of receipts, revenue or other income
164. Disqualified persons
165. Prohibition on partnerships with certain partners who are not Australian legal practitioners
166. Undue influence

Division 4 -- Miscellaneous matters

167. Obligations of individual practitioners not affected
168. Regulations

PART 2.7--LEGAL PRACTICE BY FOREIGN LAWYERS

Division 1 -- Preliminary matters

169. Purpose
170. Definitions
171. Part does not apply to Australian legal practitioners

Division 2 -- Practice of foreign law

172. Requirement for registration
173. Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction
174. Scope of practice
175. Form of practice
176. Application of Australian professional ethical and practice standards
177. Designation
178. Letterhead and other identifying documents
179. Advertising
180. Foreign lawyer employing Australian legal practitioner
181. Trust money and trust accounts
182. Professional Indemnity insurance
183. Fidelity cover

Division 3 -- Local registration of foreign lawyers generally

184. Local registration of foreign lawyers
185. Duration of registration
186. Locally-registered foreign lawyer is not officer of Supreme Court

Division 4 -- Applications for grant or renewal of local registration

187. Application for grant or renewal of registration
188. Manner of application
189. Requirements regarding applications for grant or renewal of registration

Division 5 -- Grant or renewal of registration

190. Grant or renewal of registration
191. Requirement to grant or renew registration if criteria satisfied
192. Refusal to grant or renew registration

Division 6 -- Amendment, suspension or cancellation of local registration

193. Application of this Division
194. Grounds for amending, suspending or cancelling registration
195. Amending, suspending or cancelling registration
196. Operation of amendment, suspension or cancellation of registration
197. Other ways of amending or cancelling registration
198. Relationship of this Division with Chapter 4

Division 7 -- Special powers in relation to local registration -- show cause events

199. Applicant for local registration – show cause event
200. Locally-registered foreign lawyer – show cause event
201. Refusal, amendment, suspension or cancellation of local registration – failure to show cause
202. Restriction on making further applications
203. Relationship of this Division with Part 4.6 and Chapter 6

Division 8 -- Further provisions relating to local registration

204. Immediate suspension of registration
205. Surrender of local registration certificate and cancellation of registration
206. Automatic cancellation of registration on grant of practising certificate
207. Suspension or cancellation of registration not to affect disciplinary processes
208. Return of local registration certificate on amendment, suspension or cancellation of registration

Division 9 -- Conditions on registration

209. Conditions generally
210. Conditions imposed by Law Society
211. Imposition or variation of conditions pending criminal proceedings
212. Statutory condition regarding notice of offence
213. Conditions imposed by legal profession rules
214. Compliance with conditions

Division 10 -- Interstate-registered foreign lawyers

215. Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction
216. Additional conditions on practice of interstate-registered foreign lawyers

Division 11 -- Miscellaneous matters

217. Consideration and investigation of applicants and locally-registered foreign lawyers
218. Register of locally-registered foreign lawyers
219. Publication of information about locally-registered foreign lawyers
220. Supreme Court orders about conditions
221. Exemption by Law Society
222. Membership of professional association
223. Refund of fees
224. Appeals

PART 2.8--COMPLYING COMMUNITY LEGAL CENTRES

225. Purpose of Part
226. Definitions
227. Complying community legal centre
228. Qualifications of supervising legal practitioner
229. Temporary engagement of supervising legal practitioner
230. Notice of change in supervising legal practitioner
231. Application of Parts 3.1, 3.4, 3.5 and Chapters 5, 6 and 9
232. Provision of legal services
233. Entitlement to costs in proceedings

CHAPTER 3---- CONDUCT OF LEGAL PRACTICE

PART 3.1--TRUST MONEY AND TRUST ACCOUNTS

Division 1 -- Preliminary matters

234. Purposes of Part
235. Interpretation
236. Money involved in financial services or investments
237. Determinations about status of money
238. Application of Part to law practices and trust money
239. Trust money protocols
240. When money is received
241. Discharge by legal practitioner associate of obligations of law practice
242. Liability of principals of law practice
243. Former practices, principals and associates
244. Barristers receiving money on behalf of other persons

Division 2 -- Trust accounts and trust money

245. Maintenance of general trust account
246. Certain trust money to be deposited in general trust account
247. Holding, disbursing and accounting for trust money
248. Controlled money
249. Transit money
250. Trust money subject to specific powers
251. Trust money received in form of cash
252. Protection of trust money
253. Intermixing money
254. Dealing with trust money – legal costs and unclaimed money
255. Deficiency in trust account
256. Reporting certain irregularities and suspected irregularities
257. Keeping trust records
258. False names
259. Unclaimed trust money
260. When Funds Management Committee may pay unclaimed amount
261. Appeal against decision to refuse claim for unclaimed amount

Division 3 -- Investigations and external examinations

Subdivision 1 -- Investigations

262. Appointment of investigators
263. Investigations
264. Application of Chapter 6
265. Investigator's report
266. Confidentiality by investigator
267. When costs of investigation are debt

Subdivision 2 -- External examinations

268. Designation of external examiners
269. Designation and appointment of associates as external examiners
270. Trust records to be externally examined
271. Final examination of trust records
272. Examination of affairs in connection with examination of trust records
273. Carrying out examination
274. External examiner's report
275. Confidentiality of external examiner
276. Law practice liable for costs of examination

Subdivision 3 -- General matters

277. Appeals

Division 4 -- Provisions relating to ADIs

278. Approval of ADIs and general trust accounts
279. ADI not subject to certain obligations and liabilities
280. Reports, records and information

Division 5 -- Statutory deposits

281. Statutory deposits
282. Status and repayment of deposited money

Division 6 -- Miscellaneous matters

283. Restrictions on receipt of trust money
284. Application of Part to incorporated legal practices and multi-disciplinary partnerships
285. Disclosure to clients – money not received as trust money
286. Disclosure of accounts used to hold money entrusted to legal practitioners
287. Regulations

PART 3.2--ADVERTISING LEGAL SERVICES FOR PERSONAL INJURY CLAIMS

288. Application of Part
289. Definitions
290. Restriction on advertising in relation to personal injury claims
291. Permitted methods of advertising
292. Prohibition against touting for potential claimants
293. Prohibition against paying or touting for potential claimants

PART 3.3--COSTS DISCLOSURE AND ASSESSMENT

Division 1 -- Preliminary matters

294. Purposes of Part
295. Interpretation
296. Terms relating to third party payers

Division 2 -- Application of Part

297. Application of Part – first instructions rule
298. Part also applies by agreement or at client's election
299. Displacement of Part
300. How and where client first instructs law practice
301. When does matter have substantial connection with this jurisdiction
302. What happens when different laws apply to matter

Division 3 -- Costs disclosure

303. Disclosure of costs to clients
304. Disclosure if another law practice is to be retained
305. How and when must disclosure be made to client
306. Exceptions to requirement for disclosure
307. Additional disclosure – settlement of litigious matters
308. Additional disclosure – uplift fees
309. Form of disclosure
310. Ongoing obligation to disclose
311. Effect of failure to disclose
312. Progress reports
313. Disclosure to associated third party payers

Division 4 -- Legal costs generally

314. On what basis legal costs are recoverable
315. Security for legal costs
316. Interest on unpaid legal costs

Division 5 -- Costs agreements

317. Making costs agreements
318. Conditional costs agreements
319. Conditional costs agreements involving uplift fees
320. Contingency fees prohibited
321. Effect of costs agreement
322. Certain costs agreements void
323. Setting aside costs agreements

Division 6 -- Billing

324. Legal costs cannot be recovered unless bill has been served
325. Bills
326. Notice of client's rights
327. Request for itemised bill
328. Interim bills

Division 7 -- Mediation of costs disputes

329. Definitions
330. Referral for mediation

Division 8 -- Costs assessments

Subdivision 1 -- Interpretation

331. Definition

Subdivision 2 -- Applications

332. Application by clients or third party payers for costs assessment
333. Application for costs assessment by law practice retaining another law practice
334. Application for costs assessment by law practice giving bill
335. How to make an application for costs assessment
336. Consequences of application
337. Persons to be notified of application

Subdivision 3 -- Assessments

338. Procedure on assessment
339. Assessment of complying costs agreements
340. Costs fixed by other legislation
341. Criteria for costs assessment
342. Legal costs subject to consumer dispute not subject to assessment
343. Contracting out of Division by sophisticated client

Subdivision 4 -- Determinations

344. Determination of costs assessment
345. Certificate of determination
346. Recovery of costs of costs assessment
347. Reasons for determination
348. Correction of error in determination
349. Determination final
350. Costs of costs assessment

Subdivision 5 -- Review of determinations

351. Definition
352. Application by party for review of determination
353. Reviewer may review determination of costs of costs assessment
354. Conduct of review
355. Relevant documents to be produced
356. Effect of review on costs assessor's determination
357. Certificate as to determination
358. Recovery of costs of review
359. Reasons for determination
360. Correction of error in determination
361. Appeal against determination or decision

Subdivision 6 -- Appeals

362. Appeal against decision of costs assessor as to matter of law
363. Appeal against determination of costs assessor by leave
364. Effect of appeal on application
365. Assessor can be party to appeal

Division 9 -- Costs assessors

366. Costs assessors
367. Vacancy in office of cost assessor
368. Confidentiality

Division 10 -- Miscellaneous matters

369. Protection from liability
370. Referral for disciplinary action
371. Application of Part to incorporated legal practices and multi-disciplinary partnerships
372. Imputed acts, omission or knowledge

PART 3.4--PROFESSIONAL INDEMNITY INSURANCE

373. Definition
374. Purpose
375. Exemptions
376. Law practice required to insure
377. Professional indemnity insurance requirements
378. Professional indemnity insurance scheme
379. Giving information to Law Society for insurance
380. Continuing obligation for professional indemnity insurance

PART 3.5--FIDELITY COVER

Division 1 -- Preliminary matters

381. Purpose
382. Definitions
383. Time of default
384. Application of this Part

Division 2 -- Fidelity Fund

385. Establishment of Fidelity Fund
386. Financial management of Fidelity Fund
387. Directions about prudential management of Fidelity Fund
388. Determinations about funding from Fidelity Fund
389. Payments into and out of Fidelity Fund
390. Insurance
391. Borrowing

Division 3 -- Contributions and levies

392. Deciding annual contribution
393. Payment of annual contributions
394. Imposition of levy
395. Provisions about payment of contribution or levy

Division 4 -- Defaults to which this Part applies

396. Relevant jurisdiction
397. Defaults to which this Part applies
398. Defaults relating to financial services or investments

Division 5 -- Claims about defaults

399. Claims about defaults
400. Time limit for making claims
401. Advertisements
402. Time limit for making claims following advertisement
403. Claims not affected by certain matters
404. Advance payments

Division 6 -- Determination of claims

405. Law Society may determine claim
406. Maximum amount allowable
407. Costs
408. Interest
409. Reduction of claim because of other benefits
410. Subrogation
411. Repayment of certain amounts
412. Notice of delay in making decision
413. Notice of decision
414. Appeal against decision on claim
415. Appeal against failure to determine claim
416. Court proceedings

Division 7 -- Payments from Fidelity Fund for defaults

417. Payments for defaults
418. Caps on payments
419. Sufficiency of Fidelity Fund

Division 8 -- Claims by law practices or associates

420. Claims by law practices or associates about defaults
421. Claims by law practices or associates about notional defaults

Division 9 -- Defaults involving interstate elements

422. Concerted interstate defaults
423. Defaults involving interstate elements where committed by one associate only

Division 10 -- Inter-jurisdictional provisions

424. Fidelity protocols
425. Forwarding of claims
426. Investigation of defaults to which this Part applies
427. Investigation of defaults to which corresponding law applies
428. Investigation of concerted interstate defaults and other defaults involving interstate elements
429. Recommendations by Law Society to corresponding authorities
430. Recommendations to and decisions by Law Society after receiving recommendations from corresponding authority
431. Request to another jurisdiction to investigate aspects of claim
432. Request from another jurisdiction to investigate aspects of claim
433. Cooperation with other authorities

Division 11 -- Miscellaneous matters

434. Interstate legal practitioner becoming authorised to withdraw from local trust account
435. Application of Part to incorporated legal practices
436. Application of Part to multi-disciplinary partnerships
437. Application of Part to Australian lawyers whose practising certificates have lapsed

PART 3.6--MORTGAGE PRACTICES AND MANAGED INVESTMENT SCHEMES

Division 1 -- Preliminary matters

438. Definitions
439. Associate of a legal practitioner
440. Territory regulated mortgage

Division 2 -- Conduct of mortgage practices

441. Conduct of mortgage practices
442. Nomination of practice as Territory mortgage practice
443. Requirement to notify Law Society of Territory regulated mortgages
444. Legal practitioner to have fidelity cover in relation to regulated mortgages
445. Limited claim against Fidelity Fund in relation to regulated mortgage
446. Notice of insurance arrangements for regulated mortgage
447. Failure to obtain fidelity insurance for regulated mortgage

Division 3 -- Managed investment schemes

448. Involvement of legal practitioners in managed investment schemes
449. Claims against Fidelity Fund relating to managed investment schemes connected with legal practitioners
450. Transfer of mortgages to responsible entity
451. Regulations relating to managed investment schemes

Division 4 -- Transitional arrangements for pre-existing mortgages

452. Fidelity insurance for pre-existing regulated mortgage
453. Prohibited conduct in relation to run-out mortgage
454. Substitution of lender or contributor under run-out mortgage
455. Limited claims against Fidelity Fund by substitute lender

Division 5 -- Miscellaneous matters

456. Law Society may require information about mortgage practices
457. Indemnity insurance
458. Law Society to disseminate information
459. Secrecy provisions not affected
460. Regulations relating to Part

CHAPTER 4---- COMPLAINTS AND DISCIPLINE

PART 4.1--PRELIMINARY MATTERS

461. Purposes of Chapter
462. Definitions
463. Application of Chapter to lawyers, former lawyers and former practitioners

PART 4.2--KEY CONCEPTS

464. Unsatisfactory professional conduct
465. Professional misconduct
466. Conduct capable of constituting unsatisfactory professional conduct or professional misconduct

PART 4.3--APPLICATION OF THIS CHAPTER

467. Practitioners to whom this Chapter applies
468. Conduct to which this Chapter applies – generally
469. Conduct to which this Chapter applies – insolvency, serious offences and tax offences

PART 4.4--COMPLAINTS ABOUT AUSTRALIAN LEGAL PRACTITIONERS

470. Complaints
471. Making of complaints
472. To whom complaint made
473. Complaints made over 3 years after conduct concerned
474. Further information and verification
475. Practitioner to be notified of complaint
476. Submissions by practitioner
477. Preliminary assessment
478. Summary dismissal of complaints
479. Withdrawal of complaints

PART 4.5--MEDIATION

480. Consumer dispute
481. Mediation of complaint involving consumer dispute solely
482. Mediation of hybrid complaint
483. Compulsory mediation of consumer dispute
484. Nature of mediation
485. Facilitation of mediation
486. List of mediators
487. Confidentiality of mediation process

PART 4.6--INVESTIGATION OF COMPLAINTS

488. Complaints to be investigated
489. Consultation and cooperation on complaints
490. Monitoring by Statutory Supervisor of conduct of investigation
491. Appointment of investigator
492. Application of Chapter 6
493. Application for cost assessment
494. Conduct that may be investigated
495. Modified complaints

PART 4.7--DECISIONS OF LAW SOCIETY

496. Decision after investigation
497. Decision without investigation
498. Dismissal of complaint
499. Summary conclusion of complaint procedure by fine or reprimand
500. Record of decision
501. Reasons to be provided to complainant and practitioner

PART 4.8--IMMEDIATE SUSPENSION OF LOCAL PRACTISING CERTIFICATE

502. Immediate suspension of local practising certificate
503. Other powers to suspend not affected

PART 4.9--GENERAL PROCEDURAL MATTERS

504. Rules of procedural fairness
505. Duty to deal with complaints efficiently and expeditiously

PART 4.10--APPEALS AGAINST LAW SOCIETY DECISIONS

Division 1 -- Appeals to Disciplinary Tribunal

506. Appeals
507. Hearing procedures
508. Parties
509. Hearing closed to public
510. Appeal may be withdrawn or discontinued
511. Decision on appeal
512. Costs of appeal

Division 2 -- Appeals to Supreme Court

513. Appeals
514. Decision on appeal

PART 4.11--PROCEEDINGS IN DISCIPLINARY TRIBUNAL FOR DISCIPLINARY APPLICATIONS

515. Starting proceedings
516. Time for starting proceedings
517. Hearings
518. Joinder
519. Variation of disciplinary application
520. Nature of allegations
521. Rules of evidence
522. Parties
523. Public hearings
524. Power to disregard procedural lapses
525. Decisions of Disciplinary Tribunal
526. Interlocutory and interim orders
527. Consent orders
528. Compliance with decisions and orders
529. Costs
530. Notice of decision
531. Early termination of proceedings
532. Other remedies not affected
533. Appeal against Disciplinary Tribunal orders

PART 4.12--COMPENSATION

534. Compensation orders
535. Prerequisites to making of compensation orders
536. Making of compensation orders
537. Effect of compensation order
538. Enforcement of compensation orders
539. Other remedies not affected

PART 4.13--PUBLICISING DISCIPLINARY ACTION

540. Disciplinary action
541. Register of Disciplinary Action
542. Other ways of publicising disciplinary action
543. Quashing of disciplinary action
544. Liability for publicising disciplinary action
545. Disciplinary action taken because of infirmity, injury or illness
546. Division subject to secrecy and non-disclosure orders

PART 4.14--INTER-JURISDICTIONAL PROVISIONS

547. Cross-border protocols
548. Request to another jurisdiction to investigate complaint
549. Request from another jurisdiction to investigate complaint
550. Sharing of information with corresponding authorities
551. Cooperation with corresponding authorities
552. Compliance with orders made under corresponding laws
553. Other powers or functions not affected

PART 4.15--MISCELLANEOUS MATTERS

554. Jurisdiction of Supreme Court
555. Information about complaints procedure
556. Contravention of orders
557. Performance criteria
558. Reports to Attorney-General
559. Effect of other proceedings
560. Protection from liability
561. Non-compellability of certain witnesses
562. Undertakings by Law Society and Statutory Supervisor regarding privileged or confidential information
563. Confidentiality of client communications
564. Claims of privilege
565. Waiver of privilege or duty of confidentiality

CHAPTER 5---- EXTERNAL INTERVENTION

PART 5.1--PRELIMINARY MATTERS

566. Purposes of Chapter
567. Interpretation
568. Application of Chapter to barristers
569. Application of Chapter to Australian-registered foreign lawyers
570. Application of Chapter to other persons

PART 5.2--INITIATION OF EXTERNAL INTERVENTION

571. Circumstances warranting external intervention
572. Decision regarding external intervention

PART 5.3--SUPERVISORS OF TRUST MONEY

573. Appointment of supervisor of trust money
574. Notice of appointment
575. Effect of service of notice of appointment
576. Role of supervisor of trust money
577. Records of and dealing with trust money of law practice under supervision
578. Termination of supervisor's appointment

PART 5.4--MANAGERS

579. Appointment of manager
580. Notice of appointment
581. Effect of service of notice of appointment
582. Role of manager
583. Records and accounts of law practice under management and dealings with trust money
584. Deceased estates
585. Termination of manager's appointment

PART 5.5--RECEIVERS

586. Appointment of receiver
587. Notice of appointment
588. Effect of service of notice of appointment
589. Role of receiver
590. Records and accounts of law practice under receivership and dealings with trust money
591. Power of receiver to take possession of regulated property
592. Power of receiver to take delivery of regulated property
593. Power of receiver to deal with regulated property
594. Power of receiver to require documents or information
595. Examinations
596. Lien for costs on regulated property
597. Regulated property not to be attached
598. Receiver may recover money paid away in bets
599. Recovery of regulated property if there has been breach of trust etc.
600. Improperly destroying property etc.
601. Deceased estates
602. Termination of receiver's appointment

PART 5.6--GENERAL MATTERS

603. Conditions on appointment of external intervener
604. Status of acts of external intervener
605. Eligibility for re-appointment or authorisation
606. Appeal against appointment
607. Directions of Supreme Court
608. Manager and receiver appointed for law practice
609. Requirement for ADI to disclose information
610. Fees, legal costs and expenses
611. Reports by external intervener
612. Report to Law Society of disciplinary matters
613. Confidentiality
614. Provisions relating to requirements under this Part
615. Obstruction of external intervener
616. Protection from liability

CHAPTER 6---- INVESTIGATORY POWERS

PART 6.1--PRELIMINARY MATTERS

617. Purpose of Chapter
618. Definitions

PART 6.2--REQUIREMENTS RELATING TO DOCUMENTS, INFORMATION AND OTHER ASSISTANCE

619. Application of Part
620. Requirements for trust account investigations and examinations and ILP compliance audits
621. Requirements for investigations under Chapter 4
622. Provisions relating to requirements under this Part

PART 6.3--ENTRY AND SEARCH OF PREMISES

623. Application of Part
624. Investigator's power to enter premises
625. Search warrants
626. Powers of investigator while on premises

PART 6.4--ADDITIONAL POWERS IN RELATION TO INCORPORATED LEGAL PRACTICES

627. Application of Part
628. Investigative powers relating to investigations and audits
629. Examination of persons
630. Inspection of books
631. Power to hold hearings

PART 6.5--MISCELLANEOUS MATTERS

632. Obstruction of investigator
633. Obligation of Australian lawyers
634. Permitted disclosure of confidential information

CHAPTER 7---- REGULATORY AUTHORITIES

PART 7.1--LAW SOCIETY NORTHERN TERRITORY

Division 1 -- Establishment, status and constitution of Law Society

635. Establishment
636. Status
637. Members constituting Law Society

Division 2 -- Management of Law Society

638. Council of Law Society
639. Council's function
640. Chief executive officer
641. Chief executive officer's function

Division 3 -- Financial matters

642. Financial management
643. Budget

Division 4 -- General matters

644. Constitution
645. Relationship with Association Act
646. Relationship with other Acts
647. Delegations
648. Annual report

PART 7.2--ADMISSION BOARD

649. Definitions
650. Establishment
651. Membership
652. Duration of appointment
653. Removal from office of appointed member
654. Secretary
655. Meetings
656. Delegations
657. Protection from liability

PART 7.3--LEGAL PRACTITIONERS FUNDS MANAGEMENT COMMITTEE

658. Definitions
659. Establishment
660. Status
661. Membership
662. Duration of appointment
663. Resignation and removal from office of appointed member
664. Meetings
665. Financial management
666. Delegations
667. Protection from liability

PART 7.4--LEGAL PRACTITIONERS DISCIPLINARY TRIBUNAL

668. Definition
669. Establishment
670. Membership
671. Chairperson and deputy chairperson
672. Duration of appointment
673. Resignation and removal of member
674. Constitution of Disciplinary Tribunal for hearings
675. Presiding member
676. Change in composition
677. Protection from liability

PART 7.5--STATUTORY SUPERVISOR

678. Office established
679. Appointment
680. Resignation
681. Delegations
682. Protection from liability

PART 7.6--APPLICATION OF CORPORATIONS ACT

683. Excluded matters for Corporations Act

PART 7.7--GENERAL MATTERS

684. Definition
685. Functions
686. Powers
687. Evidentiary provisions

CHAPTER 8---- LEGAL PROFESSION RULES AND REGULATIONS

PART 8.1--LEGAL PROFESSION RULES

Division 1 -- Preliminary matters

688. Purpose

Division 2 -- Rules for Australian legal practitioners and locally-registered foreign lawyers

689. Rules for Australian legal practitioners
690. Rules for foreign lawyers
691. Subject matter of legal profession rules

Division 3 -- Rules for incorporated legal practices and multi-disciplinary partnerships

692. Rule-making power

Division 4 -- General matters

693. Rule-making procedures
694. Binding nature of legal profession rules
695. Legal profession rules inconsistent with Act or regulations

PART 8.2--REGULATIONS

696. Regulation-making power

CHAPTER 9---- MISCELLANEOUS MATTERS

697. Contravention of certain provisions not offence
698. Liability of principals
699. Associates who are disqualified or convicted persons
700. Injunctions
701. Disclosure of information by local regulatory authorities
702. Confidentiality of personal information
703. Professional privilege or duty of confidence does not affect validity of or compliance with certain requirements
704. Duty to report suspected offences
705. Payment of fines
706. Approved forms

CHAPTER 10---- REPEALS AND TRANSITIONAL MATTERS FOR LEGAL PROFESSION ACT 2006

PART 10.1--REPEALS

707. Repeal of legal practitioner legislation
708. Repeal of other legislation

PART 10.2--TRANSITIONAL MATTERS

Division 1 -- Preliminary matters

709. Definitions

Division 2 -- Reservation of legal work and legal titles

710. Her Majesty's counsel

Division 3 -- Admission of local lawyers

711. Local roll
712. Existing legal practitioners
713. Applications for admission
714. References to legal practitioner

Division 4 -- Legal practice by Australian legal practitioners

715. Practising certificates
716. Applications for practising certificate
717. Supervised legal practice

Division 5 -- Incorporated legal practices and multi-disciplinary partnerships

718. Incorporated legal practices
719. Multi-disciplinary partnerships

Division 6 -- Practising companies

720. Definitions
721. Repealed incorporation Act ceases to apply
722. Alteration of constitution
723. Practising company is law firm
724. Directors to guarantee debts of company
725. Records
726. Practising company becoming incorporated legal practice

Division 7 -- Legal practice by foreign lawyers

727. Foreign lawyers

Division 8 -- Trust money and trust accounts

728. Definitions
729. Payment date
730. Continuing application of former trust account provisions
731. When offence not committed
732. Return of statutory deposits
733. Interest on investment income

Division 9 -- Costs disclosure and assessment

734. Definition
735. Continuing application of former costs provisions
736. Taxation of costs
737. Compliance with former costs provisions sufficient

Division 10 -- Professional indemnity insurance

738. Existing professional indemnity insurance
739. Exemptions

Division 11 -- Fidelity cover

740. Definitions
741. Fidelity Fund
742. Amounts payable to and from old fund before commencement date
743. Determination for funding for Law Society

Division 12 -- Complaints and discipline

744. Pending investigations into professional conduct
745. Investigations into professional conduct
746. Pending hearings and inquiries
747. New complaints about old conduct

Division 13 -- External intervention

748. Application of Chapter 5 for existing Part VIIIA managers
749. Continued application of Part IX to application for appointment of receiver
750. Application of Chapter 5 for existing Part IX receivers

Division 14 -- Regulatory authorities

751. Law Society
752. Admission Board
753. Legal Practitioners' Fidelity Fund Committee
754. Legal Practitioners' Trusts Committee

Division 15 -- Admission rules and legal professional conduct rules

755. Admission rules
756. Professional conduct rules

Division 16 -- Law Society public purposes trust

757. Winding-up of trust

Division 17 -- Miscellaneous matters

758. General saving and transitional provision
759. Continued application of repealed Act
760. Interpretation Act not affected
761. Transitional regulations
762. Regulations – minor errors

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