Prohibition on partnerships with certain partners who are not Australian legal practitioners
158 Prohibition on partnerships with certain partners who are not Australian legal practitioners
This section applies to a person who – is not an Australian legal practitioner; and is or was a partner of an Australian legal practitioner.
On application by the prescribed authority, the Supreme Court may make an order prohibiting any Australian legal practitioner from being a partner, in a business that includes the provision of legal services, of a specified person to whom this section applies if – the Court is satisfied that the person is not a fit and proper person to be a partner; or the Court is satisfied that the person has been guilty of conduct that, if the person were an Australian legal practitioner, would have constituted unsatisfactory professional conduct or professional misconduct; or in the case of a corporation, if the Court is satisfied that the corporation has been disqualified from providing legal services in this jurisdiction or there are grounds for disqualifying the corporation from providing legal services in this jurisdiction.
An order made under this section may be revoked by the Supreme Court on application by the prescribed authority or by the person against whom the order was made.
The death of an Australian legal practitioner does not prevent an application being made for, or the making of, an order under this section in relation to a person who was a partner of the practitioner.
The regulations may make provision for or with respect to the publication and notification of orders made under this section.
This provision refers to the regulations (The regulations may make
). Made under this Act:
- Law Society By-laws 2023 · Regulation · under section 627
- Legal Profession (Prescribed Authorities) Regulations 2018
- Legal Profession Regulations 2018
7 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.