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Rules of Practice 1994 (S.R. 1994, No. 229)
Requested:  25 Jun 2017
Consolidated as at:  17 Mar 2006

Division 4 - Relationship and dealings between practitioner and client

10. Conduct of business

(1) A practitioner must do his or her best to complete a client's business –

(a) in a competent manner; and

(b) within a reasonable time.

(2) A practitioner must inform a client of all significant developments in that client's matter unless the client has instructed otherwise.

11. Disclosure of information and interest

(1) A practitioner must not disclose any information obtained in the course of handling a client's matter without the consent of the client other than to the administrator of a scheme relating to legal assistance in accordance with rule 16.
(2) A practitioner must disclose to a client –

(a) any interest that the practitioner has in any transaction in which he or she is acting for that client; and

(b) any matter which may reasonably be regarded as a conflict of interest on the part of the practitioner.

(3) Unless the client otherwise instructs, a practitioner must cease to act for a client if –

(a) that practitioner has an interest in the transaction in which the practitioner is acting for that client; and

(b) that interest is adverse to the interests of the client.

12. Acting for more than one party

(1) A practitioner may act for more than one party to any proceedings or transaction.
(2) A practitioner must not accept instructions from more than one party to any proceedings or transaction unless the practitioner is satisfied on reasonable grounds that –

(a) each of the parties is aware that the practitioner intends to act for another party or parties; and

(b) each of the parties is aware that as a result of acting for more than one party –

(i) the practitioner may be prevented from disclosing to any one of those parties the full knowledge that the practitioner has of matters relevant to the proceedings or transaction; and

(ii) the practitioner may be prevented from giving advice to any one of those parties if that advice is contrary to the interest of any other party; and

(iii) the practitioner must cease to act for all parties if the practitioner determines that he or she is not able to continue to act for all parties without acting in a manner contrary to the interests of one or more of those parties; and

(c) each of the parties, with full knowledge of the matters referred to in paragraph (b), has consented to the practitioner acting for more than one party.

(3) A practitioner who is acting for more than one party to any proceedings or transaction must immediately cease to act for all parties if that practitioner determines that he or she is not able to continue to act for all parties without acting in a manner contrary to the interests of one or more of those parties.

12A. Practitioner member of statutory tribunal

(1) A practitioner must not undertake work on behalf of a client in relation to, or appear in, any proceedings before a statutory tribunal of which the practitioner is a member.
(2) A practitioner must not appear in any proceedings before a statutory tribunal on behalf of a client if a partner, employer or employee of the practitioner is sitting as a member of that statutory tribunal for the purposes of those proceedings.
(3) A practitioner must not undertake work on behalf of a client in relation to, or appear in, any proceedings before a statutory tribunal of which a partner, employer or employee of the practitioner is a member unless –

(a) the practitioner advises his or her client and any other party to the proceedings that a partner, employer or employee of the practitioner is a member of that statutory tribunal; and

(b) that advice is given as soon as practicable.

(4) A reference to a partner of a practitioner is a reference to –

(a) a partner of the firm of which the practitioner is a partner; or

(b) a director of the legal practitioner corporation of which the practitioner is a director.

(5) A reference to an employee of a practitioner includes a reference to –

(a) a practitioner employed by a legal practitioner corporation of which the first practitioner is a director; and

(b) any other practitioner employed in the firm or legal practitioner corporation of which the first practitioner is an employee.

(6) A reference to an employer of a practitioner includes a reference to a director of a legal practitioner corporation of which the first practitioner is an employee.

13. Advice on costs

(1) This rule does not apply to a practitioner receiving remuneration under Division 2 of Part 7.
(2) As soon as practicable after first taking instructions, a practitioner, unless it is unreasonable or inappropriate in the circumstances, must provide a client with written advice as to –

(a) the reasonably estimated range of costs and disbursements that may be incurred by the client; and

(b) the method of calculation of those costs; and

(c) the condition upon which the practitioner accepts the client's retainer; and

(d) the frequency with which accounts are to be rendered to the client; and

(e) any Court scale applying to those costs.

(3) A practitioner may dispense with the advice if that practitioner already has an agreement with the client in which all work done by that practitioner is subject to an agreed charging rate.
(4) A practitioner must provide to a client if requested –

(a) a review of the estimated costs and disbursements of a matter; and

(b) the method of calculation used.

14. Advice on settlement

Before settlement of a litigious matter negotiated by a practitioner, the practitioner must advise the client of the likely minimum amount that the client will receive if –

(a) the matter is settled in accordance with the proposed settlement; and

(b) the payments due from the settlement are no more than those of which the practitioner is reasonably aware at the time of settlement.



CURRENT VIEW: 31 Dec 1994 - 1 Oct 2016
VIEW THE AS MADE VERSION