Rules of Practice 1994

In these rules –

act includes omission;

Act means the Legal Profession Act 1993;

approved means approved by the Council;

client includes a person by whom, or on whose behalf, money for investment is advanced to, or held by, a firm;

corporation means a corporation within the meaning of the Corporations Act;

disbursements means any fees, costs or charges other than those incurred by a practitioner for advice given, or work done, by another practitioner who is a partner of, or employed by, the same practice as the practitioner;

Executive Director means the Executive Director of the Law Society;

firm means – an Australian legal practitioner who is a sole practitioner; or a law firm; or a multi-disciplinary partnership; or an incorporated legal practice – where at least one person holds a practising certificate issued by the Law Society;

lease includes an agreement for lease;

litigation loan agreement means an agreement between a client, a lending institution and a practitioner to provide the client with money to pay the legal costs of the practitioner in relation to the conduct of litigation for or on behalf of the client;

money includes – a cheque, bank draft, bill of exchange or any other negotiable instrument; and any instrument or asset that is capable of being converted into money;

money for investment means money received or held by a firm or fund operator on behalf of an investor as – money borrowed by the firm or fund operator; or money received or held for application in the acquisition of any securities that are to be held – beneficially by or for the firm or fund operator; or by any person for an investor;

partnership includes a limited partnership;

party includes any person who is jointly a party to any proceedings or transaction;

practise means to practise as a barrister or legal practitioner;

practitioner– means a person who is practising as a barrister or legal practitioner; and for the purposes of rule 12, includes a firm or a partner, an employer or an employee of a practitioner;

proceedings, for the purposes of rule 12, means any action or claim at law or in equity;

solicitor includes an Australian-registered foreign lawyer who practises as or in the manner of a solicitor;

statutory tribunal means any tribunal or other quasi-judicial body established under an Act;

transaction means any dealing between parties which may affect, create or be related to any legal or equitable right or entitlement or interest in property of any kind.