This Index indicates the recommendation numbers (eg. R.3) and paragraph numbers (e.g., 6.24) in the Report which refer to particular topics. Where recommendation numbers are indicated they refer to the numbered list of recommendations which appears at pages 9-23 of the Report, under the title Summary of Principal Recommendations. But they should be read also as references to Mr Conacher's comments on particular recommendations, Those comments, which deal with the recommendations in numerical order, appear at pages 9-23 of the Report.

The Index refers only to the text of the Report. It does not refer to the material in footnotes.

Accepting work directly from clients,	RR.31., 40, 45, 48; 3.45-51, 54, 64, 69-71; 6.29-38; 7.12-22, 38-43.
Admission,
generally,	2.14; 4.3-9.
common or separate?,	R.1; 4.3-9; 11.5-15.
common title for,	R. 1; 4.7-9, 21-23; 11.5-15.
requirements after,	RR.29-33; 2.14; 6.20-42.
requirements for,	2.14; 6.7-19.
Appearances by barristers with solicitors,	RR.46, 48; 7.31-33, 38-43.
Attendances by barristers with solicitors
at hearings, conferences and interviews,	RR.47-48; 7.34-43.
at solicitors' offices etc.,	RR.47-48; 7.36-43.
Attorney General,
general regulatory bodies, selection of members of	R.16; 2.7, 18; 5.15-16.
periodic reviews, establishing	RR.49-51; 8.4.
practising certificate fees, approval of	R.14; 4.42.
Public Council on Legal Services, powers in relation to	RR.24-26; 5.30-32, 34-35
regulation-making procedures,	RR.10-11; 4.32-34.
reports to, see Reports
(see also Government, Governor)
Audience, rights of	R.14; 6.43-44; 7.42.
Australian Capital Territory,
structure of the profession	2.34.
Bar Association,
(see New South Wales Bar Association)
Bar Council,
(see New South Wales Bar Association)
Bar table,
access to,	R.43; 6.90-91.
“Barrister and solicitor”,
meaning,	R.1; 4.3-9.
(see also Admission)
Barristers Admission Board,	6.17-19.
Benson Commission,	2.31-32, 35; 9.14, 22.
Bibliography, Select	Appendix V
Bills,
(see Fees)
Bowen, Committee,	6.7-19, 28.
“Cab-rank” rule,
(see Duty to Accept Work, and Independence of the profession)
Canada,
general regulation of the profession,	2.31-32; 3.17.
(see also Professional Organisations Committee)
Citizens Advisory Committee,
(in Washington, DC),	2.31-32; 3.16; 5.28; 11.29.
College of Law,	2.14; 6.10-14, 29, 31, 34-35.
Committee of Inquiry into Legal Education in NSW,
(see Bowen Committee)
Community Committee on Legal Services,	2.7-8, 11; 5.28.
Community participation in regulation,
generally,	RR.1 5-28; 3.14-21; 4.13, 19; 5.1-40.
in places outside NSW,	2.31-32.
(see also Public Council on Legal Services, Public members)
Complaints and discipline,	R.8; 2.24-25; 4.25, 27, 37.
Consumer Affairs, Commissioner for	2.7, 9; 5.32.
Consumer Affairs Council,	R.24; 5-32.
Consumer Claims Tribunals,	6.65-66, 69-71.
Contractual capacity,	R.35; 2.14; 6.47-55.
(see also Fees, agreements as to)
Costs,
(see Fees)
Court Dress
generally,	2.14.
present position,	2.14; 10.1-5.
proposals for change,	R.56; 2.20; 10.6-32; 11.48-51.
Courts,
operation of, effect of structure of profession on	3.78-79.
regulation of the profession, role in	3.27, 31; 6.84-85.
(see also Judges, Supreme Court)

 

Discipline,
(see Complaints and discipline)
Discussion Papers,
comments on generally,	Appendix III.
Advertising and Specialisation	7.9
General Regulation	1.12; 2.6-9; 5.28; 11.19, 18.
The Structure of the Profession	1.12; 2.15-22; 3.36; 9.1, 6-9, 18, 23; 10.6-9; 11.3-4, 11, 35, 43.
Distinctions between barristers and solicitors,
generally,	2.14-17; 3.38-42, 81; 6.1-6.9 3.
in the Federal sphere,	6.92.
Division of the profession,
(see Structure of the profession)
Duty to Accept Work	R.41; 3.66-67; 6.76-81.
Employed practitioners,
generally,	RR. 29-3 3; 6.21-3 8.
at the Bar,	RR.45, 48; 2.14; 6.21-28; 7.12-17, 25, 27-30, 38-43.
audience, rights of	R.34; 6.43-44.
(see also Practising certificates)
England,
structure of the profession,	2.34, 35.
(see also Benson Commission)
Federal matters,
distinctions between barristers and solicitors,	6.92; 10.11.
Fees,
agreements as to,	R.55; 6.65; 9.32-34; 11.47.
fee scales,	RR. 39-40; 6.56-64, 74-75.
junior counsel, of (see junior Counsel)
review of bills,	RR.38-40; 6.65-75; 9.32-34; 11.46.
suing for,	R.36; 6.47-55.
Fusion of the profession,
(see Structure of the profession)
General Regulation
(see Discussion Papers)
General regulation
(see Community participation in regulation, General regulatory bodies, Professional associations, Regulation-making powers)
General regulatory bodies.
present position, in NSW	2.2-5.
present position, elsewhere	2.28-32.
proposals for change,	RR.3-12, 51; 4.10-35; 5.1-25; 8.2; 11.30-34.
public membership of,
(see Public members)
some basic issues	3.5-32.
(see also Restrictive practices)
Government,
regulation of the profession,	3.28-31; 11.16-23
role in	29, 40.
(see also Attorney General, Governor, Independence of the profession)
Governor,
regulation-making power,	RR.6-11; 2.4, 30; 4.13, 19, 29-34; 7.43; 11.16-23.
(see also Attorney General, Government)
Gowns,
(see Court Dress)
Hughes Commission,	2.31-32, 35.
Immunity from liability,	R.37; 6.47-55.
Independence of the profession	3.8-11, 20, 31, 64-67; 11.18-19.
(see also Government, Governor)
Instructing solicitor,
acting also as junior counsel,	7.31-33; 9.23-29.
acting without an,
(see Accepting work directly from clients)
Insurance
(see Professional Indemnity Insurance)
Judges,
appointment of,	3.78-79; 6.82-87.
attitudes towards advocates,	RR.42, 43; 6.88-89; 10.22.
(see also Courts, Supreme Court)
Junior counsel
fees of, in two counsel cases	R.55; 9.5, 9-15, 30-34; 11.45.
solicitors as, R.54; 7.31-33; 9.23-29.
(see also two-counsel rule)
Law Foundation of NSW,	R.24; 5.32, 40.
Law Society of New South Wales,
Council of,
committees, composition of	RR.20-22; 2.24-25; 5.20-25.
composition of,	2.5.
(see also Public members)
elections for,	R.4; 3.31.
public membership of,
(see Public members)
regulation of the profession, role in	RR.3-12; 2.2; 3.31; 4.10-35; 8.3
restrictive practices, regulation of	RR.44, 51; 7.7-11.

Joint Working Committee with Bar Association,	2.26.
(see also General regulatory bodies, Professional associations, Regulation-making powers)
Lay participation
(see Community participation in regulation, Public Council on Legal Services, Public members)
Leader of the Opposition,	RR. 16, 24; 2.18; 5.15-16, 32.
Legal education,
(see Admission, Bowen Committee)
Legal practitioner,
meaning,	R.2; 4.9.
Legal profession Council,	2.7; 11.13, 18.
Legal Profession Inquiry
acknowledgements of assistance,	appendix IV.
Discussion Papers and Background Papers,
(see also Discussion Papers)
methods of inquiry,	1.5-9.
submissions, list of	Appendix II.
terms of reference,	1.2, Appendix I.
Legal Services Commission	R.24; 2.7, 9; 5.32.
Legal work, rights to do	R.34; 6.45-46.
(see also Audience, rights of)
Liability for professional work,	R.37; 6.47-55.
(see also Contractual Capacity)
Monopolies,
(see Audience, rights of, and Legal Work, rights to do)
New South Wales Bar Association,
Council of,
committees of, composition of	RR.20-22; 5.20-25.
composition of,	2.5.
(see also Public members)
elections for,	R.4; 3.11.
public members of,
(see Public members)
regulation of profession, role in	RR.3-12, 51; 2.3; 3.31; 4.10-35
restrictive practices, reconsideration of	RR.44-48; 7.12-43.
restrictive practices, powers to regulate	RR.44-48, 51; 7.7-11, 41-43.
Joint Working Committee with Law Society	2-26; 7.38, 9.26.
(see also General Regulatory bodies, Professional associations, Regulation making power)
New Zealand,
general regulation of profession,	2.31.
structure of the profession,	2.34, 35.
Non-lawyers,
(see Community participation in regulation, Public Council on Legal Services, Public members)
Non-practising barristers,	2.3; 6.39-42; 11.8.
(See also Employed practitioners, Practising certificates)
Northern Territory,
structure of the profession,	2.34.
Partnership,
between barristers,	RR.45, 48; 2.14, 20; 3.64-65, 71-75; 7.12-17, 23-26, 3843.
between solicitors,	3.64-65, 71-75.
Periodic reviews,	RR.49-51; 4.13; 8.1-4; 11.30-34.
Practical training
(see Admission, College of Law, Pupillage)
Practising certificates,
generally,	RR.2, 13-14, 29-33; 2, 14, 20; 4.8, 36-39; 6.39-42.
employees',	RR.29-33; 2.14; 6.21-38.
fees for,	R. 14; 4.40-45; 5-25.
Precedence,
at court and official functions	R.43; 6.90-91.
Professional associations,
compulsion to join,	3.26; 4.12.
roles of,	3.22-26, 31; 4.12-16; 8.2; 11.30-42.
(see also General regulatory bodies, Law Society of New South Wales, New South Wales Bar Association)
Professional Indemnity Insurance,	2.14, 20.
Professional Organisations Committee (Ontario),	3.10; 8.3.

 

Public Council on Legal Services,
generally,	RR.16, 23-28, 49, 51; 5.15-16, 26-40; 8.4; 11.24-29.
regulations, consultation about	R.10; 4.30-31, 34.
Public interest,
assessment of,	3.2-4, 31.
importance of,	3.7, 31.
Public members,
of Law Society Council and Bar Council	RR. 15-19, 49, 5 1; 5.2-25; 8.2, 4; 11.35-42.
of committees of Law Society Council and Bar Council,	RR.20-22, 15.20-25.
Pupillage,	RR.29-33; 6.21-28, 34-38.
Queen's Counsel
generally,	R.52; 9.1-5.
appointment of,	R.53; 2.20-9.2, 6, 9-22; 11.43.
court dress,	R.56; 10.30.
(see also junior counsel, fees of, and two-counsel rule)
Queensland,
structure of the profession,	2.34.
Regulation,
(see General regulatory bodies, Regulation-making powers)
Regulation-making powers,
present position,	2.2, 4, 30.
proposals for change,	RR.6-11; 4.13, 19, 24, 26, 28-34; 5.36; 7.43; 11.16-23.
Reports,
by Law Society Council and Bar Council,	R.12; 4.35.
by public members of Law Society Council and Bar Council,	R.18; 5.17-19.
by Public Council on Legal Services,	R.26; 5.35.
Restrictive practices,
generally,	2.14, 16, 17, 26; 3.38-39, 43-44, 81; 7.1-43.
existing practices at the Bar,	RR.45-48, 51; 7.11-43.
general regulation of,	RR.44, 51; 7.2-11.
(see also Accepting work directly from clients, Appearances with solicitors, Attendances by barristers with solicitors, Employed Practitioners, Partnerships)
Returning to practice,	R.33; 6.39-42.
Right to practise,
(see Practising Certificate)
Royal Commission on Legal Services,
(see Benson Commission)
Royal Commission on Legal Services in Scotland,
(see Hughes Commission)
Scotland,
structure of the profession,	2.34-35.
(see also Hughes Commission)
Solicitors Admission Board,	6.17-19.
South Australia,
structure of the profession,	2.34; 3.70-72.
Specialisation,	2.20; 3.52-63.
Statutory Interest Account,	RR. 19, 28; 5.25, 39.
Structure of the Profession
(see Discussion Papers)
Structure of the profession,
basic issues concerning,	3.33-81.
“divided” structure, meaning of	2.33.
“flexible” structure, meaning of	2.33.
in places outside NSW,	2.34-35.
present structure in NSW	2.14
proposals for change,	chs.4, 6, 7, 8.
(see also General regulatory bodies, Distinctions between barristers and solicitors, Restrictive practices)
Submissions, list of	Appendix II.
Supreme Court,
admission, role in relation to	6.17-19.
regulation of profession, role in	2.4; 3.27; 6.84-85.
(see also Courts, Judges)
Tasmania,
structure of the profession,	2.34.
Taxation,
(see Fees)
Trade Practices Act (Commonwealth)	R.44; 2.16; 7.2-6.
(see also Restrictive practices)
Trade Practices Commission,	7.3, 5, 6.
Transfer between branches,	6.29-38.
Trust moneys,
right to handle,	R.30; 6.29-33.
“Two-counsel” rule,	R.54; 9.4, 7, 9-15, 23-29; 11.44.
“Two-thirds” rule,
(see junior counsel, fees of)
United Kingdom,
(see England, Scotland)
United States of America,
advocacy, standards of	2.35.
general regulation of profession,	2.29, 31.
(see also Citizens Advisory Committee)
Victoria,
Structure of the profession,	2.34, 35; 6.75.
Western Australia,
Committee of Inquiry into the Future Organisation of the Legal Profession,	2.29, 35; 3.24.
general regulation of profession,	2.29.
structure of the profession,	2.34, 15.
Wigs,
(see Court Dress)