Northern Territory Numbered Regulations

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AMENDMENTS OF LEGAL PRACTITIONERS REGULATIONS (NO 10 OF 2004) - REG 2

Repeal and substitution

The Legal Practitioners Regulations are amended by omitting regulation 4 and substituting the following:

" 4.     Prohibited non-legal services and businesses of incorporated legal practice – section 35AE(3) of Act

"(1)     An incorporated legal practice must not act as the conveyancing lawyer for the purchaser of a property if the legal practice or a related body corporate of the legal practice acts –

    (a)     as real estate agent for the vendor in the sale of the property; or

    (b)     as the finance broker for the purchaser.

Penalty:     500 penalty units.

"(2)     A related body corporate of an incorporated legal practice must not act as the conveyancing lawyer for the purchaser of a property if the body corporate, another related body corporate of the legal practice or the legal practice acts –

    (a)     as real estate agent for the vendor in the sale of the property; or

    (b)     as the finance broker for the purchaser.

Penalty:     500 penalty units.

" 4A.     Particulars of notice of intention to commence providing legal services

"For section 35AG(1) of the Act, the following particulars are the contents of a corporation's notice of intention to commence providing legal services in this jurisdiction:

    (a)     the corporation's name;

    (b)     the corporation's Australian Business Number;

    (c)     the address of the corporation's registered office;

    (d)     the address of the corporation's proposed principal place of practice in this jurisdiction;

    (e)     the name, residential address and date and place of birth of –

            (i)     each lawyer director;

            (ii)     each non-lawyer director; and

            (iii)     each employee who is a legal practitioner;

    (f)     the kinds of services (other than legal services) and businesses the corporation proposes to provide or conduct in this jurisdiction;

    (g)     the date the corporation intends commencing to provide legal services in this jurisdiction.

" 4B.     Prescribed period and particulars for notice of termination of provision of legal services

"(1)     For section 35AH(1) of the Act, the period for giving notice of a corporation ceasing to provide legal services in this jurisdiction is one month.

"(2)     For section 35AH(1) of the Act, the following particulars are the contents of a corporation's notice of ceasing to provide legal services in this jurisdiction:

    (a)     the corporation's name;

    (b)     the corporation's Australian Business Number;

    (c)     the address of the corporation's registered office;

    (d)     the former address of the corporation's principal place of practice in this jurisdiction;

    (e)     the name, residential address and date and place of birth of –

            (i)     each lawyer director;

            (ii)     each non-lawyer director; and

            (iii)     each employee who is a legal practitioner;

    (f)     the kinds of services (other than legal services) and businesses the corporation formerly provided or conducted in this jurisdiction;

    (g)     the date the corporation ceased to provide legal services in this jurisdiction.

" 4C.     Prohibited services and businesses of multi-disciplinary
partnership – section 35AZO(2) of Act

"A lawyer who acts as the conveyancing lawyer for the purchaser of a property must not be in partnership with a person who acts –

    (a)     as real estate agent for the vendor in the sale of the property; or

    (b)     as the finance broker for the purchaser.

Penalty:     100 penalty units.

" 4D.     Particulars of notice of intention to commence practice in
multi-disciplinary partnership

"For section 35AZP(2) of the Act, the following particulars are the contents of a lawyer partner's notice of intention to commence providing legal services as a member of a multi-disciplinary partnership in the Territory:

    (a)     the name and residential address of each partner;

    (b)     the kinds of services (other than legal services) and businesses the partnership proposes to provide or conduct in the Territory.

" 4E.     Publication and notification of certain Court orders

"As soon as practicable after the making of an order under section 35AZD, 35AZE or 35AZZE of the Act, the Law Society must –

    (a)     publish notice of the making of the order in –

            (i)     the Gazette ;

            (ii)     a newspaper circulating generally in the Territory; and

            (iii)     'Balance', the journal published by the Society; and

    (b)     for an order under section 35AZE – notify each interstate regulatory authority of the making of the order.".



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