Legal Profession Amendment Act 1998

Legal Profession Amendment Act 1998

An Act to amend the Legal Profession Act 1993

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Legal Profession Amendment Act 1998 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Legal Profession Act 1993 is referred to as the Principal Act.

4.    Section 28 amended (Admission of barristers)

Section 28(1)(b) of the Principal Act is amended by omitting "solicitor or a barrister and solicitor" and substituting "barrister".

5.    Section 111 amended (Default order and Court fund)

Section 111(6) of the Principal Act is amended by inserting "may but" after "Trust".

6.    Section 116 amended (Administration of Court fund)

Section 116 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

(1)  In administering a Court fund, the Supreme Court may order –

(a) that an interim dividend be paid out of the Court fund to a person before all claims payable out of the Court fund have been determined; and

(b) that advance payments be paid out of the Court fund to a person who, in the opinion of the Supreme Court, is suffering personal hardship.

[Second reading presentation speech made in:

House of Assembly on 21 APRIL 1998

Legislative Council on 30 APRIL 1998]