Application of Australian professional ethical and practice standards
8 Application of Australian professional ethical and practice standards
An Australian-registered foreign lawyer must not engage in any conduct in practising foreign law that would, if the conduct were engaged in by an Australian legal practitioner in practising Australian law in this jurisdiction, be capable of constituting professional misconduct or unsatisfactory professional conduct.
Part 6 of this Act applies to a person who—
is an Australian-registered foreign lawyer; or
was an Australian-registered foreign lawyer when the relevant conduct allegedly occurred, but is no longer an Australian-registered foreign lawyer (in which case Part 6 of this Act applies as if the person were an Australian-registered foreign lawyer), and so applies as if a reference in
Part 6 to a legal practitioner were a reference to a person of that kind.
The regulations may make provision with respect to the application (with or without modification) of the provisions of
Part 6 of this Act for the purposes of this clause.
Without limiting the matters that may be taken into account in determining whether a person should be disciplined for a contravention of subclause (1), the following matters may be taken into account:
whether the conduct of the person was consistent with the standard of professional conduct of the legal profession in any foreign country where the person is registered;
whether the person contravened the subclause wilfully or without reasonable excuse.
Without limiting any other provision of this clause or the orders that may be made under Part 6 of this Act as applied by this clause, the following orders may be made by the Supreme Court under section 89 as applied by this clause:
an order that a person's registration under this Act as a foreign lawyer be cancelled;
an order that a person's registration under a corresponding law as a foreign lawyer be cancelled.
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