Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 389

Conduct capable of being unsatisfactory professional conduct or professional misconduct

Without limiting section 386 or section 387, the following conduct can be unsatisfactory professional conduct or professional misconduct:

        (a)     conduct consisting of a contravention of this Act;

Note     This Act is defined in the dictionary.

        (b)     charging of excessive legal costs in connection with the practice of law;

        (c)     conduct in relation to which there is a conviction for—

              (i)     a serious offence; or

              (ii)     a tax offence; or

              (iii)     an offence involving dishonesty;

        (d)     conduct of an Australian legal practitioner as or in becoming an insolvent under administration;

        (e)     conduct of an Australian legal practitioner in becoming disqualified from managing or being involved in the management of any corporation under the Corporations Act

;

        (f)     conduct of an Australian legal practitioner in failing to comply with an order of the ACAT made under this Act or an order of a corresponding disciplinary body made under a corresponding law (including but not limited to a failure to pay all or part of a fine imposed under this Act or a corresponding law);

        (g)     conduct of an Australian legal practitioner in failing to comply with a compensation order made under this Act or a corresponding law.

Note     Various provisions of this Act identify particular conduct as conduct that can be unsatisfactory professional conduct or professional misconduct (see eg s 138 (1) (Obligations of legal practitioner partner relating to misconduct—multidisciplinary partnerships)).



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