Recent Consultations
Consultation on conditional costs agreements
Date issued: 18 July 2022
The Legal Services Council invites submissions on the draft Legal Profession Uniform Amendment (Conditional Costs Agreements) Rule (No 2) 2022 which would prohibit the use of conditional costs agreements in relation to proceedings under the following legislation:
- Guardianship Act 1987 (NSW)
- Guardianship and Administration Act 2019 (Vic)
- Guardianship and Administration Act 1990 (WA)
- Adoption Act 2000 (NSW)
- Adoption Act 1984 (Vic)
- Adoption Act 1994 (WA)
- Children and Young Persons (Care and Protection) Act 1998 (NSW)
- Children, Youth and Families Act 2005 (Vic)
- Children and Community Services Act 2004 (WA)
- Child Support (Assessment) Act 1989 (Cth).
The Council also invites submissions on the continuation of the prohibition on conditional costs agreements in proceedings that involve the Family Court Act 1997 (WA).
Submissions can be sent to submissions@legalservicescouncil.org.au on or before Friday, 19 August 2022, and may be published on the Council’s website unless you advise us otherwise.
Click here for the consultation paper (PDF, 901.2 KB).
Submissions received
- Aboriginal Legal Service (NSW/ACT) (PDF, 422.1 KB)
- Australian Bar Association (PDF, 893.3 KB)
- Australian Pro Bono Centre (PDF, 855.2 KB)
- Chief Justice of Western Australia (PDF, 546.1 KB)
- Childrens Court of NSW (PDF, 426.4 KB)
- Law Council of Australia (PDF, 385.9 KB)
- Law Institute of Victoria (PDF, 193.7 KB)
- Law Society of NSW (PDF, 500.7 KB)
- Law Society of Western Australia (PDF, 167.9 KB)
- Legal Aid NSW (PDF, 911.1 KB)
- Legal Practice Board of Western Australia – not available to public
- Victorian Aboriginal Legal Service (PDF, 547.7 KB)
- Victorian Legal Services Board and Commissioner (PDF, 687.9 KB)
Status
The Council is considering the submissions received in response to this consultation.
Consultation on proposed changes to the Admission Rules
Date issued: 23 June 2021
The Legal Services Council's Admissions Committee invites submissions on the draft Legal Profession Uniform Admission Amendment (Qualifications) Rule 2021 which is proposed to amend the Legal Profession Uniform Admission Rules 2015 by altering the words of rules 5, 6 and 11 and by adding new rules 6A and 11A.
Submissions can be sent to the Committee at submissions@legalservicescouncil.org.au on or before Friday 30 July 2021, and will be published on the Council's website unless advised otherwise.
Click here for the consultation paper (PDF, 1021.4 KB).
Status
The Admission Committee is considering proposed changes to the Admissions Rules following the conclusion of this consultation.
Consultation on Uniform General Rules 91B and 91BA
Date issued: 7 May 2021
The Legal Services Council invites submissions on the draft Legal Profession Uniform General Amendment (Managed Investment Schemes) Rule 2021 which amends rules 91B and 91AB of the Legal Profession Uniform General Rules 2015.
Submissions can be sent to the Council at submissions@legalservicescouncil.org.au on or before 7 June 2021, and will be published on the Council's website unless advised otherwise.
Click here for the consultation paper (PDF, 1.1 MB).
Submissions received
- Corporations and Securities Section of the Commercial Bar Association of Victoria (PDF, 100.0 KB)
- Law Council of Australia (PDF, 560.7 KB)
- Law Society of NSW (PDF, 402.6 KB)
- Law Society of Western Australia (PDF, 443.5 KB)
- Legal Practice Board of Western Australia – not available to public
- Victorian Legal Services Board and Commissioner (PDF, 240.5 KB).
Status
On 20 August 2021, the Legal Profession Uniform General Amendment (Managed Investment Schemes) Rule 2021 commenced. The Rule amends rules 91B and 91BA of the Legal Profession Uniform General Rules relating to managed investment schemes.
Consultation on interest rate payable on fidelity fund claims
Date issued: 20 August 2020
Part 4.5 of the Uniform Law provides for a fidelity cover scheme, which is a system that provides a source of compensation for clients who have lost trust money or trust property as a result of a default of a law practice.
The interest rate on fidelity fund claims is fixed by section 243(2) of the Uniform Law in the absence of specific provision in the Uniform General Rules.
The Legal Services Council considers it appropriate to reduce the interest rate from the current rate of 5% for the following reasons:
- The current rate does not reflect the rate of return which can be achieved by investing the corpus of the fidelity fund.
- Paying out disproportionately high amounts of interest, particularly on high-value claims, is problematic because it decreases the sustainability of the fidelity fund.
- This would more closely represent the rate of return which claimants might have expected to achieve had the claim been allowed immediately after it was made.
- Applying a formula to calculate the interest payable better reflects the policy reasons for paying interest irrespective of the economic conditions at the time.
Submissions can be sent to the Council at submissions@legalservicescouncil.org.au on or before 18 September 2020, and will be published on the Council's website unless advised otherwise.
Click here for the Consultation Paper (PDF, 809.5 KB).
Submissions received
- Consumer Action Law Centre (PDF, 181.1 KB)
- Justice Connect (PDF, 69.3 KB)
- Law Council of Australia (PDF, 136.1 KB)
- Law Institute of Victoria (PDF, 167.4 KB)
- Law Society of NSW (PDF, 142.6 KB)
- Legal Practice Board of Western Australia - not available to public
- Office of the Legal Services Commissioner - not available to public
- Victorian Legal Services Board+Commissioner.
Status
On 30 July 2021, the Legal Profession Uniform General Amendment (Interest Rate) Rule 2021 commenced. The Rule provides that, for the purpose of section 243 of the Uniform Law, the interest rate payable on fidelity fund claims is equivalent to the Reserve Bank of Australia cash rate plus 1%. The interest rate applies to claims made after the commencement of the Rule.
Consultation on proposed amendments to the Legal Profession Uniform Law
Date issued: 31 January 2020
The Legal Services Council invites feedback on proposed amendments to the Legal Profession Uniform Law.
The proposals aim to:
- clarify the effect and operation of certain provisions
- enhance protection of consumers of legal services
- empower clients to make informed choices about costs
- expand the category of people who can make consumer complaints
- remove the potential for unintended consequences and perverse outcomes to arise
- improve administrative efficiencies, and
- resolve inconsistencies and drafting anomalies.
Click here for the Consultation Paper (PDF, 223.5 KB).
Submissions can be sent to the Council at submissions@legalservicescouncil.org.au on or before Friday, 28 February 2020, and will be published on the Council's website unless advised otherwise.
Submissions received
- Association of Corporate Counsel (PDF, 582.2 KB)
- Jack Stanovsek (PDF, 193.5 KB)
- Laurence Mandie (PDF, 319.0 KB)
- Law Council of Australia (PDF, 384.5 KB)
- Law Firms Australia (PDF, 94.6 KB)
- Law Institute of Victoria (PDF, 393.1 KB)
- Lawson Hughes Peter Walsh Lawyers (PDF, 253.4 KB)
- Law Society of NSW – not available to public
- Legal Practice Board of Western Australian – not available to public
- Legal Practitioners' Liability Committee – not available to public
- NSW Civil and Administrative Tribunal – not available to public
- NSW Trustee and Guardian (PDF, 78.1 KB)
- Office of the Legal Services Commissioner - not available to public
- Peter Barham (PDF, 149.0 KB)
- Peter Mericka – not available to public
- Queensland Law Society (PDF, 1.4 MB)
- State Trustee Victoria (PDF, 155.6 KB)
- Tertiary Education Quality and Standards Agency (PDF, 67.1 KB)
- Victorian Legal Admissions Board (PDF, 79.6 KB)
- Victorian Civil and Administrative Tribunal (PDF, 319.2 KB)
Status
The Council is developing proposals for legislative amendment following the conclusion of this consultation.
Last updated:
27 Jun 2023
The Legal Services Council and Commissioner for Uniform Legal Services Regulation acknowledges the Aboriginal and Torres Strait Islander peoples as custodians of Australia and pay their respects to Elders, past and present. We also acknowledge their ongoing connection to land, sea and communities throughout Australia, and their contributions to the lives of all Australians.