Australian Capital Territory Numbered Regulations

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LEGAL PROFESSION REGULATION 2006 (NO 37 OF 2006) - REG 8

Presumptions about taking or using certain names, titles or descriptions—Act, s 18 (2)

    (1)     The kind of person mentioned in an item in table 8, column 3 is entitled, in the circumstances mentioned in column 4 of the item to take or use a name, title or description mentioned in column 2 for the item.

    (2)     In this section:

"jurisdiction"—see the Act, section 82 (5).

    Table 8

column 1

item

column 2

name, title or description

column 3

kind of person

column 4

circumstances

1

lawyer

Australian lawyer

all (no restriction)

2

lawyer

Australian-registered foreign lawyer

all (no restriction)

3

legal practitioner

Australian legal practitioner

all (no restriction)

4

              •     barrister and solicitor

              •     solicitor and barrister

              •     solicitor

              •     attorney

Australian legal practitioner

when the Australian legal practitioner holds an Australian practising certificate and engages in legal practice in the manner of a solicitor

5

              •     barrister and solicitor

              •     solicitor and barrister

              •     solicitor

              •     attorney

Australian lawyer

when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice in the manner of a solicitor as a government lawyer of a jurisdiction in circumstances in which the law of the jurisdiction permits an Australian lawyer to engage in the legal practice without having to hold an Australian practising certificate

6

barrister

local legal practitioner

when the local legal practitioner holds a local practising certificate that restricts the practitioner to legal practice in the manner of a barrister

7

barrister

interstate legal practitioner

when the interstate legal practitioner holds an Australian practising certificate and engages in legal practice in the manner of a barrister

8

barrister

Australian lawyer

when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice in the manner of a barrister as a government lawyer of a jurisdiction in circumstances in which the law of the jurisdiction permits an Australian lawyer to engage in the legal practice without having to hold an Australian practising certificate

9

Senior Counsel or SC

Australian lawyer

when the lawyer holds the status of Senior Counsel, as recognised by the High Court or a Supreme Court of any jurisdiction

10

counsel

Australian legal practitioner

all (no restriction)

11

counsel

Australian lawyer

              •     when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice as a government lawyer of a jurisdiction in circumstances in which the law of the jurisdiction permits an Australian lawyer to engage in the legal practice without having to hold an Australian practising certificate

              •     when an Australian lawyer, not holding an Australian practising certificate, provides legal services to his or her employer, or to a related entity, in the ordinary course of his or her employment and for no fee, gain or reward other than his or her ordinary remuneration as an employee

12

              •     Queen's Counsel or QC

              •     King's Counsel or KC

              •     Her Majesty's Counsel

              •     His Majesty's Counsel

Australian lawyer

when the Australian lawyer holds the appropriate status as given by the Crown in any capacity or as recognised by the High Court or the Supreme Court of a jurisdiction

13

attorney

Australian-registered foreign lawyer

when entitled to use the name, title or description under the Act, section 160 (Designation of Australian-registered foreign lawyers)

14

attorney

patent attorney

when using the expression ‘patent attorney'

15

attorney

donee of a power of attorney

when indicating that the donee holds or is acting under a power of attorney

16

Attorney

Attorney-General of a jurisdiction or a foreign country

all (no restriction)

17

solicitor

solicitor-general of a jurisdiction or a foreign country

all (no restriction)

Part 4     Legal practice—Australian legal practitioners



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