Western Australian Numbered Acts

LEGAL PRACTICE ACT 2003 (NO. 64 OF 2003) - SECT 69

69 .         Banning of incorporated legal practice

        (1)         The Supreme Court may, on the application of the Board, make an order disqualifying a corporation from providing legal services in this State for the period the Court considers appropriate if the Court is satisfied that —

            (a)         a ground for disqualifying the corporation under this section has been established; and

            (b)         the disqualification is justified.

        (2)         An order under this section may, if the Court thinks it appropriate, be made —

            (a)         subject to conditions as to the conduct of an incorporated legal practice;

            (b)         subject to conditions as to when or in what circumstances the order is to take effect; or

            (c)         together with orders to safeguard the interests of clients, employees and officers of the incorporated legal practice.

        (3)         The grounds for disqualifying an incorporated legal practice are —

            (a)         that a legal practitioner director or a legal practitioner who is an officer or employee of the corporation has been found guilty of unsatisfactory conduct;

            (b)         that the Board is satisfied, after conducting an audit of the incorporated legal practice, that the incorporated legal practice has failed to implement satisfactory management and supervision of its provision of legal services;

            (c)         that an incorporated legal practice has contravened section 66;

            (d)         that a person who is the subject of an order under section 70 or 87 is acting in the management of the incorporated legal practice.

        (4)         A corporation that is disqualified from providing legal services in another State is taken to be disqualified from providing legal services in this State.

        (5)         A corporation that provides legal services in contravention of an order made under this section is guilty of an offence.

        Penalty: $50 000.

        (6)         A corporation that is disqualified under this section ceases to be an incorporated legal practice.

        (7)         The regulations may make provision for or with respect to the publication and notification of orders made under this section, including notification of regulatory authorities in other States.