Unlawful representation
23 Unlawful representation
If any person (whether or not a legal practitioner) with a view to attracting business, falsely pretends to be the holder of any degree, diploma or certificate in law or adopts any style that leads reasonably to the false inference that the person holds any degree, diploma or certificate in law, the person is guilty of an offence. Maximum penalty: $10 000.
If a person (whether or not a legal practitioner) holds out an unqualified person as being entitled to practise the profession of the law, the person is guilty of an offence. Maximum penalty: $10 000.
If a legal practitioner—
permits or aids an unqualified person to practise the profession of the law, or acts in collusion with an unqualified person so as to enable that person to practise the profession of the law; or
enters into an agreement or an arrangement with an unqualified person under which the unqualified person is entitled to share in the profits arising from the practice of the law (otherwise than as permitted by this Act, or as may be authorised by the Society), the practitioner is guilty of an offence. Maximum penalty: $10 000.
To avoid doubt, subsection (3)(b) does not apply to a legal practitioner who enters into an agreement or an arrangement with an
Australian‑registered foreign lawyer under which the
Australian‑registered foreign lawyer is entitled to share in the profits arising from the practice of foreign law in accordance with
Schedule 1A.
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