Notice to be given by incorporated legal practice providing legal services in partnership
5A Notice to be given by incorporated legal practice providing legal services in partnership
This clause applies to—
an incorporated legal practice that—
immediately before the relevant day—
was a legal practitioner within the meaning of this Act (as in force immediately before the relevant day); and
was practising in partnership with another legal practitioner;
and
immediately before the commencement of this clause, continued to practise in the partnership; and
an incorporated legal practice that, after the relevant day but before the commencement of this clause—
commenced practising in partnership with another incorporated legal practice or a legal practitioner (or both); and
immediately before the commencement of this clause, continued to practise in the partnership.
An incorporated legal practice to which this clause applies must, if it intends to continue to engage in legal practice in this jurisdiction in partnership with another incorporated legal practice or a legal practitioner (or both), within 28 days following the commencement of this clause, give the
Supreme Court written notice, in the approved form and accompanied by the prescribed fee, of that intention.
An incorporated legal practice to which this clause applies 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 to which this clause applies that engages in legal practice in this jurisdiction in partnership with another incorporated legal practice or a legal practitioner (or both) after the end of the 28 day period referred to in subclause (2) without giving a notice under that subclause 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 continued to engage in legal practice in partnership with another incorporated legal practice or a legal practitioner (or both).
The giving of a notice under subclause (4) does not affect an incorporated legal practice's liability under subclause (2) 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 this clause.
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 member of the firm was in contravention of this clause.
In this clause—
relevant day means the day on which this
Schedule came into operation.
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