Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
466 Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
(1) Without limiting section 464 or 465, the following conduct is capable of constituting unsatisfactory professional conduct or professional misconduct:
conduct consisting of a contravention of this Act;
(b) charging of excessive legal costs in connection with the practice of law;
conduct in respect of which there is a conviction for:
a serious offence; or
a tax offence; or
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 Disciplinary Tribunal made under this Act or an order of a corresponding disciplinary order made under a corresponding law (including but not limited to a failure to pay wholly or partly 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.
(2) Also, without limiting section 464 or 465, the following acts or omissions are capable of constituting unsatisfactory professional conduct or professional misconduct:
(a) a failure by an Australian legal practitioner to comply with any requirement made by the Law Society or investigator, or a person authorised by the Society or investigator, in the exercise of powers conferred by Part 6.4;
(b) a contravention by an Australian legal practitioner of any condition imposed by the Society or investigator in the exercise of powers conferred by Part 6.4;
(c) a failure by a legal practitioner director of an incorporated legal practice to ensure the incorporated legal practice, or any officer or employee of the incorporated legal practice, complies with any of the following:
(i) any requirement made by the Society or investigator, or a person authorised by the Society or investigator, in the exercise of powers conferred by Part 6.4;
(ii) any condition imposed by the Society or investigator in the exercise of powers conferred by Part 6.4.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.