70103 Study Guide - Final Guide: Civil Penalty, Indemnity, Family Law Act 1975

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Week 6: Access to Justice – Economic Issues
No win, no fee (conditional costs agreements)
S181 of the Legal Profession Uniform Law (NSW)
Conditional costs agreements
181 CONDITIONAL COSTS AGREEMENTS
(1) A costs agreement (a "conditional costs agreement" ) may provide that
the payment of some or all of the legal costs is conditional on the successful
outcome of the matter to which those costs relate.
(2) A conditional costs agreement must--
(a) be in writing and in plain language; and
(b) set out the circumstances that constitute the successful outcome of the
matter to which it relates.
(3) A conditional costs agreement must--
(a) be signed by the client; and
(b) include a statement that the client has been informed of the client's rights
to seek independent legal advice before entering into the agreement.
(4) A conditional costs agreement must contain a cooling-off period of not less
than 5 clear business days during which the client, by written notice, may
terminate the agreement, but this requirement does not apply where the
agreement is made between law practices only.
(7) A conditional costs agreement may relate to any matter, except a matter
that involves--
(a) criminal proceedings; or
(b) proceedings under the Family Law Act 1975 of the Commonwealth; or
(c) proceedings under legislation specified in the Uniform Rules for the
purposes of this section.
Contingency fees
183 CONTINGENCY FEES ARE PROHIBITED
(1) A law practice must not enter into a costs agreement under which the
amount payable to the law practice, or any part of that amount, is calculated
by reference to the amount of any award or settlement or the value of any
property that may be recovered in any proceedings to which the agreement
relates.
(3) A contravention of subsection (1) by a law practice is capable of
constituting unsatisfactory professional conduct or professional misconduct on
the part of any principal of the law practice or any legal practitioner associate
or foreign lawyer associate involved in the contravention.
Week 7 – Admission, Regulation and Discipline
Admission to practice
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Legal Profession Uniform Law (NSW)
16 ADMISSION
(1) The Supreme Court of this jurisdiction may admit an individual aged 18
years or over to the Australian legal profession as an Australian lawyer, but
only if--
(a) the designated local regulatory authority has provided the Supreme Court
with a compliance certificate in respect of the person and the certificate is still
in force; and
(b) the person is not already admitted to the Australian legal profession; and
(c) the person takes an oath of office, or makes an affirmation of office, in the
form required by the Supreme Court.
17 PREREQUISITES FOR COMPLIANCE CERTIFICATES
(1) The prerequisites for the issue of a compliance certificate in respect of a
person are that he or she--
(a) has attained the academic qualifications specified under the
Admission Rules for the purposes of this section (the
"specified academic qualifications prerequisite" ); and
(b) has satisfactorily completed the practical legal training requirements
specified in the Admission Rules for the purposes of this section (the
"specified practical legal training prerequisite" ); and
(c) is a fit and proper person to be admitted to the Australian legal
profession.
(2) In considering whether a person is a fit and proper person to be admitted
to the Australian legal profession--
(a) the designated local regulatory authority may have regard to any
matter relevant to the person's eligibility or suitability for admission, however
the matter comes to its attention; and
(b) the designated local regulatory authority must have regard to the
matters specified in the Admission Rules for the purposes of this section.
Legal Profession Uniform Admission Rules 2015
10 Determining whether someone is a fit and proper person
(1) For the purposes of section 17(2)(b) of the Uniform Law, the following
matters are specified as matters to which the Board must have regard –
any statutory declaration as to the person's character, referred to in rule
16;
any disclosure statement made by the person under rule 17;
any police report provided under rule 18;
any student conduct report provided under rule 19;
any certificate of good standing provided under rule 20;
whether the person is currently of good fame and character;
whether the person is or has been a bankrupt or subject to an
arrangement under Part 10 of the Bankruptcy Act or has been an officer
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