Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 96

Show-cause procedure for removal of lawyer's name from local roll following foreign regulatory action

    (1)     This section applies if the relevant council is satisfied that—

        (a)     foreign regulatory action has been taken in relation to a local lawyer (other than a local legal practitioner); and

        (b)     no order mentioned in section 97A (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken.

    (2)     The relevant council may serve on the lawyer a written notice stating that the council will apply to the Supreme Court for an order that the lawyer's name be removed from the local roll unless the lawyer shows cause to the council why the lawyer's name should not be removed.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (3)     If the lawyer does not satisfy the relevant council that the lawyer's name should not be removed from the local roll, the council may apply to the Supreme Court for an order that the lawyer's name be removed from the local roll.

    (4)     Before applying for an order that the lawyer's name be removed, the relevant council must give the lawyer a reasonable opportunity to show cause why the lawyer's name should not be removed.

    (5)     The Supreme Court may, on application made under this section, order that the lawyer's name be removed from the local roll.

    (6)     The lawyer is entitled to appear before and be heard by the Supreme Court at a hearing in relation to an application under this section.

    (7)     In this section:

"relevant council "means—

        (a)     if the lawyer holds a local practising certificate that is a barrister practising certificate—the bar council; or

        (b)     if the lawyer holds a local practising certificate that is an unrestricted practising certificate or restricted practising certificate—the law society council; or

        (c)     if the lawyer holds an interstate practising certificate—the bar council or law society council; or

        (d)     if the lawyer does not hold a local practising certificate—the law society council.



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