AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 480

Compliance with determinations and orders of Tribunal

(1)  Persons and bodies having relevant functions or powers under this Act must –
(a) give effect to the following orders:
(i) any order of the Tribunal made under section 471 (Orders of Tribunal requiring official implementation in this jurisdiction);
(ii) any interlocutory or interim order of the Tribunal made under section 478 (Interlocutory and interim orders of Tribunal) so far as it is an order of the kind referred to in section 471 or otherwise needs to be, or is capable of being, given effect to in this jurisdiction;
(iii) a consent order made under section 479 ; and
(b) enforce the following orders (to the extent that they relate to the practitioner's practice of law in this jurisdiction):
(i) any order of the Tribunal made under section 473 (Orders of Tribunal requiring compliance by practitioner);
(ii) any interlocutory or interim order of the Tribunal made under section 478 so far as it is an order of the kind referred to in section 473 or otherwise needs to be, or is capable of being, enforced in this jurisdiction;
(iii) a consent order made under section 479 .

Note. Section 508 (Compliance with recommendations or orders made under corresponding laws) contains provisions relating to compliance in this jurisdiction with orders made under corresponding laws.

(2)  The Tribunal must ensure that persons and bodies having relevant functions or powers under a corresponding law of another jurisdiction are notified of the making and contents of –
(a) the following orders:
(i) an order of the Tribunal made under section 472 (Orders of Tribunal requiring official implementation in another jurisdiction) in relation to that corresponding law;
(ii) any interlocutory or interim order of the Tribunal made under section 478 (Interlocutory and interim orders of Tribunal) so far as it is an order of the kind referred to in section 472 or otherwise needs to be, or is capable of being, given effect to in the other jurisdiction;
(iii) a consent order made under section 479 ; and
(b) the following orders (to the extent that they relate to the practitioner's practice of law in the other jurisdiction):
(i) an order of the Tribunal made under section 473 (Orders of Tribunal requiring compliance by practitioner);
(ii) any interlocutory or interim order of the Tribunal made under section 478 so far as it is an order of the kind referred to in section 473 or otherwise needs to be, or is capable of being, enforced in the other jurisdiction;
(iii) a consent order made under section 479 .
(3)  If the Tribunal makes an order that the name of an Australian legal practitioner be removed from the local roll by the Registrar of the Supreme Court, the Registrar of the Supreme Court is to remove the name of the practitioner from the local roll.
(4)  An order under section 473(c) preventing recovery of an amount is effective even if proceedings to recover the amount (or any part of it) have been commenced by or on behalf of the Australian legal practitioner.
(5)  An order under section 473(d) requiring repayment of an amount is effective even if a court has ordered payment of the amount (or an amount of which it is part) in proceedings brought by or on behalf of the Australian legal practitioner.
(6)  If the Tribunal has made an order requiring an Australian legal practitioner to pay a fine, compensation or other amount of money, the Tribunal may cause that order to be filed in the Supreme Court as a judgment under the Supreme Court Civil Procedure Act 1932 after the expiration of a period of 21 days after the date of that order.
(7)  An order filed in the Supreme Court is enforceable under the provisions of the Supreme Court Civil Procedure Act 1932 .
(8)  If an Australian legal practitioner fails to comply with an order (other than an order referred to in subsection (6) ) the Tribunal may, after the expiration of a period of 21 days after the date of the order, apply to the Supreme Court for an appropriate order.
(9)  An order or determination of the Tribunal made under this Part, except an order under section 471(a) or (b) or section 472(a) or (b) , takes effect after the expiration of the period within which an appeal under section 484 (Appeals against orders of Tribunal) may be instituted.
(10)  The Tribunal is to record an order made by it under this Part together with the reasons for the order.
(11)  The Tribunal is to provide the Board and the prescribed authority with a copy of any order made by it under this Part together with the reasons for the order.
(12)  Any fine imposed under this Part is to be paid to the Board.



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