Legal Profession Act 2004
A new way to pay filing fees


Legal Profession Act 2004

The Legal Profession Act 2004 commenced on 1 October 2005.

Among the changes introduced by this new legislation are new definitions for different categories of lawyer and new definitions of ‘associate’ and ‘principal’ (sections 5-7).

There are also changes to the definitions professional misconduct and unsatisfactory professional conduct (sections 496-498).

The principal ways in which the new Act affects practice and procedure in the Tribunal includes:

• new proceedings for original decisions where an application may be made for the imposition or variation of conditions on a practising certificate pending the determination of certain criminal proceedings (sections 51 and 225)

• applications may be made under s 70(4) by the holder of a local practising certificate for removal of a suspension imposed following a show cause event under section 68 of the Act.

• various decisions of the Legal Services Commissioner, Council of the New South Wales Bar Association or Council of the Law Society of New South Wales may now be brought to the Tribunal for review. The procedure for review established by Chapter 5 of the Administrative Decisions Tribunal Act 1997 is applicable to this new jurisdiction. The new categories of reviewable decision which the Tribunal may review on application by the person affected include:
  
  • refusal of approval, or approval subject to conditions, by a Council for the employment of a lay associate who is a disqualified person (section 17(4));
  • a decision by the Commissioner or a Council to refuse an application for a local practising certificate, or to suspend or cancel such a certificate following investigation of a show cause event;
  • a reprimand or a compensation order made by the Commissioner or a Council under section 540(2) or section 545(4) following a determination that the Tribunal would be reasonably likely to find the relevant practitioner guilty of unsatisfactory professional conduct, though not professional misconduct.

• a finding of professional misconduct where the application has alleged unsatisfactory professional conduct or vice versa (section 562);
• conditions being imposed on the practising certificate of any practitioner;
• removing the distinction between public and private reprimands;
• raising the amounts of the maximum fines to $75,000 for professional misconduct and $10,000 for unsatisfactory misconduct;
• changes to the provision and content of compensation order (sections 571-575);
• changes to the provision and content of costs orders made by the Tribunal (sections 566).
  
  

• where the Tribunal has made a decision following review of a costs assessor’s determination relating to a costs order that the Tribunal has made in any exercise of jurisdiction conferred on it;
• any decisions of the Tribunal of a class prescribed by the regulations.

• mail
• facsimile
• telephone
• in person at the Registry counter