Legal Services Council

New Barristers' Conduct Rule

 

Date issued: 22 January 2019 


After consultation with the NSW and Victorian Bars and the public through the Australian Bar Association, on 15 January 2019 the Legal Services Council (LSC) made the Legal Profession Uniform Conduct (Barristers) Amendment (Refusal of Briefs) Rule 2018. The new rule is r 101A of the Legal Profession Uniform Conduct (Barristers) Rules 2015 (r 101A) and replaces r 101(n). It commenced on 18 January 2019.

The effect of r 101A is to reduce the period of prohibition on a barrister appearing before tribunals of which they were formerly a member, from five years to two; and to limit the retrospectivity of the prohibition. The former rule treated barristers who previously sat as tribunal members differently from barristers who previously sat as Judges. The new rule preserves the position of barristers, as outlined in the NSW Barristers' Rules and the Victorian Bar Practice Rules 2009, for those who accepted judicial appointments in NSW and Victoria before 1 July 2015.

In approving the LSC's recommendation for the rule, the Standing Committee has thanked the LSC for continuing to respond to stakeholder concerns related to the legal profession in NSW and Victoria.