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Rules of Practice 1994 (S.R. 1994, No. 229)
|Requested: 28 Mar 2017|
|Consolidated as at: 17 Mar 2006|
PART 7 - Remuneration
Division 1 - General provisions relating to remuneration
79. Sharing of profits
(1) A practitioner must not share profit costs from that practitioner's legal practice with a person who is not a practitioner without the approval of the Council.
(2) A practitioner may apply to the Council for approval to share profit costs with a person who is not a practitioner.
(3) The Council may
(a) grant the approval with or without conditions; or
(b) refuse to grant the approval.
(4) An application for approval is to be
(a) in writing; and
(b) lodged with the Executive Director.
(5) The Council may withdraw an approval at any time.
80. Charging of commission
(1) A practitioner must not charge both profit costs and commission in relation to the same work carried out for or on behalf of a client if that practitioner is also
(a) a trustee and an executor; or
(b) a trustee; or
(c) an executor.
(2) A practitioner must not accept or charge any commission for the execution of a trust unless
(a) the instrument creating the trust provides otherwise; or
(b) every beneficiary under the trust who may be affected by the charging of commission has given
(i) written consent, if the beneficiary is of full legal capacity; or
(ii) the written consent of a parent or guardian, if the beneficiary is not of full legal capacity; or
(c) an order of the Supreme Court has been made authorizing the charging of commission.
(3) A practitioner must not cause or permit a person to execute a will or settlement unless that person, before executing the will or settlement, has signed a statement showing the rate or identifying the scale of commission to be charged in addition to legal professional charges if
(a) the practitioner or a principal or an employee of that practitioner's firm is appointed under the will or settlement as
(i) an executor; or
(ii) a trustee; or
(iii) an executor and a trustee; and
(b) the practitioner, principal or employee is entitled to a trustee's commission.
81. Restrictions on litigation loans
A practitioner must not assist a client to enter into a litigation loan agreement unless the purpose of the agreement is to pay any disbursement incurred by the practitioner on behalf of the client.
Division 2 - Remuneration relating to non-contentious business
For the purposes of this Division, remuneration does not include
(a) the cost of stamps or paper; or
(b) counsel's fee; or
(c) auctioneer's or valuer's charges; or
(d) charges for maps or plans; or
(e) travelling or accommodation expenses; or
(f) search fees; or
(g) fees for registration or production of documents; or
(h) the cost of extracts from a register or record; or
(i) any other disbursement reasonably and properly paid by a practitioner; or
(j) fees for extra work as a result of changes occurring in the course of a transaction.
83. Application of Division
This Division applies to
(a) any transaction in respect of land; and
(b) business connected with a sale, purchase, lease, mortgage, settlement or other conveyancing matter; and
(c) any other business which is not
(i) an action; or
(ii) transacted in a court or in the chambers of a judge; or
(iii) other contentious business.
84. Election to enter cost agreement
(1) Before undertaking any business to which this Division applies or a transaction to which this Division applies, a practitioner may elect to receive remuneration under a cost agreement.
(2) An election is to be
(a) in writing; and
(b) signed by the practitioner; and
(c) communicated to the client.
(3) If a practitioner does not elect to receive remuneration under a cost agreement, remuneration is payable to the practitioner in accordance with this Division.
(4) If a practitioner elects to receive remuneration under a cost agreement, this Division applies to any matter that is not covered by the cost agreement.
85. Fee for work done
(1) A practitioner may charge a reasonable fee for work done, whether or not a matter is completed.
(2) In determining the fee, a practitioner may take into account any of the following matters:
(a) the nature of the matter; and
(b) the consideration; and
(c) the time taken; and
(d) the responsibility involved on the part of the practitioner; and
(e) the complexity or the difficulty of the matter and questions raised; and
(f) the skill, work and specialized knowledge of the practitioner; and
(g) the number and importance of the documents prepared or perused; and
(h) the place where, and the circumstances in which, the business or part of the business is transacted; and
(i) the importance of the matter to the client; and
(j) the effect of the matter on any other business of the practitioner; and
(k) the amount of research and consideration of questions of law and fact required; and
(l) any other matter which the taxing officer considers proper to take into account.
86. Recommended scale of charges
A practitioner who renders an account purported to be in accordance with a recommended scale of charges published by the Society must provide the client to whom the account is rendered with a copy of that scale of charges if the client requests it.
87. Negotiation fee
(1) A practitioner may charge a reasonable negotiation fee for a transaction in respect of a mortgage or bill of sale.
(2) A negotiation fee must not exceed one per cent of the consideration involved in the transaction.
(3) In determining a negotiation fee, a practitioner may take into account
(a) the work carried out by the practitioner; and
(b) the responsibility involved.