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