Notice to be given by incorporated legal practice of intention to practise in partnership
4A Notice to be given by incorporated legal practice of intention to practise in partnership
Before an incorporated legal practice starts to engage in legal practice in this jurisdiction in partnership with another incorporated legal practice or a legal practitioner (or both), the practice must give the Supreme
Court written notice, in the approved form, and accompanied by the prescribed fee, of its intention to do so.
An incorporated legal practice must not engage in legal practice in this jurisdiction in partnership with an incorporated legal practice or a legal practitioner (or both) if it is in default of this clause. Maximum penalty: $50 000.
An incorporated legal practice that starts to engage in legal practice in this jurisdiction in partnership with an incorporated legal practice or a legal practitioner (or both) without giving a notice under subclause (1) is in default of this clause until it gives the Supreme Court written notice, in the approved form, of the failure to comply with that subclause and the fact that it has started to engage in legal practice in partnership with an incorporated legal practice or a legal practitioner.
The giving of a notice under subclause (3) does not affect an incorporated legal practice's liability under subclause (1) or
.
A firm of incorporated legal practices, or of incorporated legal practices and legal practitioners, is not entitled to recover any amount for anything the firm did while a member of the firm was in contravention of subclause (2).
A person may recover from a firm of incorporated legal practices, or of incorporated legal practices and legal practitioners, as a debt due to the person, any amount the person paid to or at the direction of the firm for anything the firm did while a partner of the firm was in contravention of subclause (2).
This clause does not apply in relation to—
a firm of incorporated legal practices, or of incorporated legal practices and legal practitioners, if the firm—
was established before the commencement of this clause;
and
engaged in legal practice in this jurisdiction immediately before the commencement of this clause; or
an incorporated legal practice that was a member of a firm referred to in paragraph (a) immediately before the commencement of this clause insofar as the practice engages in legal practice as a member of the firm.
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