Western Australian Numbered Acts Western Australian Numbered Acts (1) The Board, by
written notice to a registered foreign lawyer, may cancel the lawyer’s
registration if it is of the opinion that there is sufficient reason for doing
so.
(2) Without limiting
the grounds for cancellation, registration may be cancelled if —
(a) the
registered foreign lawyer’s registration by the lawyer’s home
registration authority lapses;
(b) the
registered foreign lawyer’s home registration authority cancels
registration of the lawyer as a result of criminal, civil or disciplinary
proceedings;
(c) the
registered foreign lawyer has not established an office to
practise foreign law, or a commercial presence, in this State within a
reasonable period after being registered;
(d) the
registered foreign lawyer fails to comply with any condition imposed on the
lawyer’s registration under this Act;
(e) the
registered foreign lawyer fails to comply with any requirement of this Act; or
(f) the
registered foreign lawyer becomes an insolvent under administration within the
meaning of the Corporations Act.
(3) Registration is
not to be cancelled on the ground referred to in subsection (2)(a) if the
registered foreign lawyer demonstrates that the lapse did not result from any
criminal, civil or disciplinary proceedings against the lawyer, but from
circumstances beyond the lawyer’s control.
(4) Registration as a
foreign lawyer is automatically cancelled if the lawyer —
(a)
becomes a certificated practitioner; or
(b) in
writing requests cancellation.
(5) Cancellation of
registration at the request of a registered foreign lawyer —
(a)
takes effect when the request is received by the Board; and
(b) does
not prevent any disciplinary proceedings being instituted against the lawyer
or affect the continuity of any proceedings already instituted.
(6) Subject to
subsection (7), cancellation of registration under subsection (1)
takes effect 28 days after the day notice is given to the registered
foreign lawyer.
(7) The Board may
determine that cancellation take effect immediately notice is given under
subsection (1) if satisfied that immediate cancellation is
necessary —
(a) for
the protection of the lawyer’s clients or members of the public
generally; or
(b) to
protect the integrity of the legal profession or the administration of
justice.
(8) If a
lawyer’s registration is cancelled, the Board may refund the whole or
part of the last annual registration fee paid by the lawyer, as determined by
the Board.