LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014

New South Wales Consolidated Acts

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- As at 29 November 2023
- Act 16 of 2014

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement
3. Definitions
3A. General definitions for other legislation

PART 2 - APPLICATION OF UNIFORM LAW

Division 1 - General application provisions

4. Application of Legal Profession Uniform Law
5. Exclusion of legislation of this jurisdiction
6. Application of privacy and other legislation
7. Application of Government Sector Audit Act 1983 and Government Sector Finance Act 2018
8. Scrutiny and disallowance of Uniform Regulations
9. No double jeopardy

Division 2 - Further application provisions

10. Meaning of term used in Legal Profession Uniform Law (NSW)
11. Designation of local authorities and tribunals
12. Nomination of nominated fund and nominated trust authority
13. Specification of fund
14. Unclaimed money
15. Fidelity fund
16. Fidelity authority
17. Issuing authority for search warrants
18. Pecuniary penalties to be paid into Public Purpose Fund
18A. Part 3 of Schedule 4 applies
18B. Non-compellability of certain witnesses

PART 3 - LOCAL REGULATORY AUTHORITIES

Division 1 - Legal Profession Admission Board

19. Constitution of NSW Admission Board
20. Functions of NSW Admission Board
20A. Delegation of functions of NSW Admission Board
21. Entitlement to be represented, heard and make representations
21A. NSW Admission Board Rules

Division 2 - Legal Services Commissioner

22. Appointment of NSW Commissioner
23. Acting NSW Commissioner
24. Functions of NSW Commissioner
25. NSW Commissioner may require Councils to provide information
26. Annual report of NSW Commissioner
27. Staff of NSW Commissioner
28. Delegation of functions of NSW Commissioner

Division 3 - Bar Council

29. Functions of Bar Council
30. Delegation of functions of Bar Council

Division 4 - Law Society Council

31. Functions of Law Society Council
32. Delegation of functions of Law Society Council

Division 5 - Miscellaneous

33. Lay representation on committees
34. Councils to submit annual report
35. Court appearances

PART 4 - PRACTISING CERTIFICATES AND REGISTRATION CERTIFICATES

Division 1 - Australian practising certificates

36. Australian practising certificate fees and fidelity fund contributions
37. Timing of application for renewal of local practising certificate
38. Fee for practising certificate
39. Late fee
40. Late fee for certain applications for new practising certificates
41. Audit of Council activities

Division 2 - Australian registration certificates

42. Australian registration certificate fees, fidelity fund contributions, and costs and expenses

Division 3 - General

43. Attorney General
44. Crown Solicitor
45. Government lawyers
45A. Corporate lawyers

PART 5 - TRUST ACCOUNTS AND PUBLIC PURPOSE FUND

Division 1 - Trust accounts--statutory deposits

46. Statutory deposits
47. Status and repayment of deposited money

Division 2 - Public Purpose Fund

48. Public Purpose Fund
49. Trustees of the Public Purpose Fund
50. Management and control of Fund
50A. Community legal services account
51. Arrangements with ADIs
52. Payments from Fund
53. Payment of certain costs from Fund
54. Submission of budgets and supplementary budgets to Secretary
55. Discretionary payments from Fund for other purposes
56. Payments from Fund for costs of uniform authorities
57. Performance audits
58. Information about Fund to be included in Law Society Council report

PART 6 - LEGAL COSTS--PARTICULAR KINDS OF COSTS

59. Local regulations to provide for fixed costs
60. Provisions relating to local regulations on fixed costs
61. Maximum costs in personal injury damages matters
62. Costs in civil claims--no reasonable prospects of success

PART 7 - LEGAL COSTS--COSTS ASSESSMENT

Division 1 - Preliminary

63. Definitions
64. Application of this Part
65. Costs of barrister briefed directly by client

Division 2 - Costs assessment generally

66. Provision for costs assessment
67. Conduct of costs assessments
68. Applications for costs assessment
69. Consideration of applications
70. Certificate as to determination of costs to parties
71. Certificate as to determination of costs of costs assessor and Manager, Costs Assessment
72. Determination of costs when agreed
73. Costs determination to be final

Division 3 - Assessment of ordered costs--additional provisions

74. Applications for costs assessment of ordered costs
75. Conduct of costs assessments of ordered costs
76. Criteria for costs assessments of ordered costs
77. Use of costs agreements in connection with ordered costs
78. Costs of costs assessment of ordered costs
79. Court or tribunal may determine matters
80. Application of provisions of Legal Profession Uniform Law (NSW)

Division 4 - Assessment of Uniform Law costs--additional provisions

81. Interest on costs

Division 5 - Reviews

82. Review panels
83. Application by party for review
84. Application by Manager, Costs Assessment for review
85. Conduct of reviews
86. Effect of review on costs assessor's determination
87. Certificate as to review panel's substituted determination of costs to parties
88. Certificate as to determination of costs of review panel

Division 6 - Appeals

89. Appeal on matters of law and fact
90. Effect of appeal on review panel decision
91. Notices of appeal

Division 7 - Costs assessment rules

92. Costs Assessment Rules Committee
93. Costs assessment rules
93A. Compliance with requirements about documents and other matters

Division 8 - Miscellaneous

93B. Manager, Costs Assessment
93C. Costs assessors
93D. Confidentiality
93E. Referral of matters for costs assessment under Chapter 5 of the Legal Profession Uniform Law (NSW)
93F. Protection from liability
93G. Costs of this Part

PART 8 - PROFESSIONAL INDEMNITY INSURANCE

Division 1 - Introduction

94. Purpose of this Part
95. Approved insurance policy
Divisions 2-5 - (Repealed)
None

PART 9 - FIDELITY COVER
Note

Division 1 - Legal Practitioners Fidelity Fund

115. Establishment of Legal Practitioners Fidelity Fund
116. Establishment of separate Legal Practitioners Fidelity Fund Account
117. Investment of Fidelity Fund
118. Payments from Fidelity Fund
119. Management Committee
120. Audit
121. Insurance

Division 2 - Claims about defaults

122. Claims about defaults
123. Availability of property of Law Society

Division 3 - General

124. Application of provisions of Uniform Law

PART 10 - RIGHTS OF REVIEW

125. Right of review by NCAT about Australian practising certificates and Australian registration certificates
126. Right of review by NCAT about certain determinations of local regulatory authority in consumer and disciplinary matters
127. Local regulations may provide rights of review
128-134. (Repealed)

PART 11 - PROCEDURES OF NCAT AS DESIGNATED TRIBUNAL FOR DISCIPLINARY MATTERS

135. Purpose of this Part and definitions
136. Proceedings may involve one or more matters
137. Time for initiating proceedings
138. Hearings
139. Joinder
140. Variation of disciplinary application
141. Nature of allegations
142. Substitution of applicant
143. Interlocutory and interim orders
144. Consent orders
145. Compliance with determinations and orders
146. Notification of progress and result of proceedings before Tribunal
147. Early termination of proceedings before Tribunal

PART 12 - REGISTERS AND PUBLICISING DISCIPLINARY ACTION

148. Definitions
149. Register of local practising certificates
150. Register of local registration certificates
151. Register of disqualification orders and approvals
152. Register of Disciplinary Action
153. Other means of publicising disciplinary action
154. Quashing of disciplinary action
155. Liability for publicising disciplinary action
156. Disciplinary action taken where infirmity, injury or illness is involved
157. Effect of secrecy provisions and non-disclosure orders

PART 13 - MISCELLANEOUS

158. Information sharing
159. Liability of principals
160. Prohibition of official schemes for recognition of seniority or status
161. Defect or irregularity in person's appointment
162. Approved forms
163. Delegation
164. Protection from liability
165. Penalty notices
165A. Proceedings for offences
165B. Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
166. Local regulations
167. Tabling of certain annual reports in Parliament when it is not sitting
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
Schedule 8 (Repealed)
SCHEDULE 9
Schedule 10 (Repealed)
NOTE - Legal Profession Uniform Law

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