Legal Profession Amendment Regulations 2016


Tasmanian Crest
Legal Profession Amendment Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Legal Profession Act 2007 .

22 August 2016

C. WARNER

Governor

By Her Excellency's Command,

DR VANESSA GOODWIN

Minister for Justice

1.   Short title

These regulations may be cited as the Legal Profession Amendment Regulations 2016 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Legal Profession Regulations 2008 are referred to as the Principal Regulations.

4.    Regulation 67A amended (Prescribed amount for purposes of section 361 of Act)

Regulation 67A of the Principal Regulations is amended by omitting "$5.5 million" and substituting "$8.7 million".

5.    Regulation 71 inserted

After regulation 70 of the Principal Regulations , the following regulation is inserted in Part 7:

71.   Prescribed fee for purposes of section 322(1)(c) of Act

For the purposes of section 322(1)(c) of the Act, the prescribed fee to accompany an application for a costs assessment is as follows:
(a) if the value of the legal costs to be assessed is more than $1 but not more than $20 000, 200 fee units;
(b) if the value of the legal costs to be assessed is more than $20 000 but not more than $50 000, 300 fee units;
(c) if the value of the legal costs to be assessed is more than $50 000 but not more than $100 000, 400 fee units;
(d) if the value of the legal costs to be assessed is more than $100 000, 500 fee units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 31 August 2016

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Legal Profession Regulations 2008 to prescribe –
(a) $8.7 million as the amount the Guarantee Fund is to exceed before the Trust must advise the Minister that the Guarantee Fund has exceeded that amount; and
(b) the fee that must accompany an application for a costs assessment.