Law Society By-laws 1994

Law Society By-laws 1994

In pursuance and exercise of the powers conferred on it by the Legal Profession Act 1993 , the Council of The Law Society of Tasmania makes the following by-laws under and for the purposes of that Act.

PART 1 - Preliminary

1.   Short title

These by-laws may be cited as the Law Society By-laws 1994 .

2.   Commencement

These by-laws take effect on 31 December 1994.

3.   Interpretation

In these by-laws –

Act means the Legal Profession Act 1993 ;

approved document exchange means an approved document exchange as defined in rule 13A of Order 83 of the Rules of the Supreme Court 1965 ;

executive committee means the executive committee of the Council established under section 9 of the Act;

member means a member of the Society;

Northern Region means the municipal areas of Break O'Day, Dorset, Flinders, George Town, Launceston, Meander Valley, Northern Midlands and West Tamar;

North-Western Region means the municipal areas of Burnie, Central Coast, Circular Head, Devonport, Kentish, King Island, Latrobe, Waratah-Wynyard and West Coast;

practitioner means a person who is practising as a barrister or legal practitioner;

president means the president of the Society;

region means the Northern Region, North-Western Region or Southern Region;

regional committee means a regional committee established under clause 34 ;

register means the register maintained under clause 6 ;

Southern Region means the municipal areas of Brighton, Central Highlands, Clarence, Glamorgan-Spring Bay, Glenorchy, Hobart, Huon Valley, Kingborough, New Norfolk, Sorell, Southern Midlands and Tasman;

treasurer means the honorary treasurer of the Society;

vice-president means the vice-president of the Society.

4.   Objects of the Society

The objects of the Society are to –

(a) represent generally the views of the legal profession; and

(b) maintain the integrity of the legal profession; and

(c) suppress dishonourable conduct within the legal profession; and

(d) provide for the settlement of professional disputes; and

(e) deal with any matter affecting the professional interest of practitioners; and

(f) encourage and promote the study of law; and

(g) form and maintain law libraries; and

(h) acquire any rights or privileges which the Society regards as necessary for promoting the interests of the profession; and

(i) set up and maintain a superannuation fund for the benefit of –

(i) practitioners and their dependants; or

(ii) employees or former employees of practitioners or of the Society or their dependants; and

(j) promote or undertake education in the law and the legal system in schools and in the community; and

(k) communicate information on the law and matters related to the law; and

(l) publish, or subsidize the publication of, materials in connection with the objects of the Society; and

(m) promote the education and training of persons employed by practitioners in any area likely to promote the efficient practice of law; and

(n) do those things that are necessary to the attainment of the objects.

PART 2 - Membership of the society

5.   Application for membership

(1)  A legal practitioner who holds a practising certificate or a barrister may apply to become a member of the Society.

(2)  A person may apply to become an associate member of the Society.

(3)  An application is to be –

(a) in writing; and

(b) lodged with the Executive Director.

(4)  The Council may –

(a) approve the application; or

(b) refuse to approve the application.

(5)  An associate member may not –

(a) be a member of the Council or any regional committee; or

(b) vote at a meeting of the Society or any regional committee.

6.   Register of members and associate members

(1)  The Executive Director is to maintain a register of all members and associate members.

(2)  The register is to contain –

(a) the name of the member or associate member; and

(b) the private address or the address of the principal place of practice of that member or associate member.

(3)  A member or associate member is to notify the Executive Director in writing of any change of address.

(4)  The Executive Director is to remove a person's name from the register if that person –

(a) ceases to be a member or associate member; or

(b) resigns as a member or associate member.

7.   Notices

A member or associate member has sufficient notice of a letter or notice if that letter or notice is sent by the Council to the address of that member or associate member as entered in the register.

PART 3 - General meetings

Division 1 - Annual general meetings

8.   Annual general meeting

(1)  The annual general meeting of the Society is to be held in August, September or October at a time and place appointed by the Council.

(2)  The business at an annual general meeting is as follows:

(a) the accounts submitted by the treasurer for approval;

(b) the appointment of members of the Council;

(c) the Council's annual report;

(d) business introduced by the Council;

(e) any other business of which 28 days' notice in writing is given to the Executive Director before the meeting.

Division 2 - Special general meetings of the Society

9.   Special general meetings

(1)  The Council may convene a special general meeting at any time.

(2)  The Executive Director is to convene a special general meeting –

(a) on receipt of a request in writing signed by 12 or more members; or

(b) on a resolution of the Council.

(3)  A special general meeting convened under subclause (2) is to be held not less than 14 days and not more than 30 days from the date on which the Executive Director receives notice of the request or resolution.

Division 3 - Procedure for general meetings

10.   Notice of general meeting

(1)  The Executive Director is to give 14 days notice in writing to each member and associate member of any general meeting.

(2)  A notice is to –

(a) state the business of the meeting; and

(b) be forwarded to the address of each member and associate member as entered in the register by –

(i) ordinary pre-paid post; or

(ii) delivery by an approved document exchange.

(3)  Service of a notice is effected on the next business day after it is posted or delivered.

11.   Quorum

(1)  The quorum at any general meeting is 20 members.

(2)  A general meeting may only transact business if there is a quorum present.

(3)  If 20 members are not present within half an hour after the time appointed for a general meeting, the meeting is to be adjourned to a day and time to be fixed by a majority of the members present.

(4)  If 20 members are not present within half an hour after the time to which the general meeting is adjourned, the meeting lapses.

12.   Adjournment

(1)  The Society may adjourn a general meeting to a future day.

(2)  The Executive Director is to give 14 days' notice in writing to each member and associate member of an adjournment.

(3)  A notice is to –

(a) state the business of the meeting; and

(b) be forwarded to the address of each member and associate member as entered in the register by –

(i) ordinary pre-paid post; or

(ii) delivery by an approved document exchange.

(4)  Service of a notice is effected on the next business day after it is posted or delivered.

13.   Chairperson

(1)  At any general meeting the president, or in the president's absence the vice-president, is to act as chairperson.

(2)  In the absence of the president and the vice-president, the members present at the meeting are to choose a member to act as chairperson.

14.   Decisions

(1)  Any decision of the Society at a general meeting is to be made by a majority of the members present personally or by proxy.

(2)  In any decision of the Society, the chairperson is to have a casting vote only.

15.   Voting and proxies

(1)  At any meeting of the Society a member may vote –

(a) in person; or

(b) by proxy.

(2)  A proxy is to be –

(a) in writing in the form contained in Schedule 1 ; and

(b) sent to and received by the Executive Director before the meeting at which it is intended to be used.

(3)  The Executive Director is to deliver any proxy to the chairperson of the meeting at which it is intended to be used.

(4)  The chairperson is to announce any proxy at the meeting.

(5)  A member may not vote by proxy on –

(a) a motion for expulsion of a member; or

(b) any question directly affecting any member personally.

(6)  Any vote made by proxy is valid as if it were made by the member in person.

(7)  A member is not to act by proxy for more than 5 persons at any one meeting.

(8)  A proxy continues in force for the particular meeting for which it was given and during any adjournment of that meeting.

16.   Disputes

In any case of dispute, doubt or difficulty about any matter of procedure or order in a general meeting, the chairperson's decision is final.

17.   Minutes

(1)  The Executive Director is to maintain a minute book of the minutes of the proceedings of each general meeting.

(2)  The chairperson is to confirm and sign the minutes at the next annual general meeting.

18.   Irregularities

(1)  A proceeding of a general meeting is valid notwithstanding that –

(a) an irregularity occurs in the holding of the meeting or in an election or other proceeding taking place at the meeting; and

(b) the irregularity is not objected to at the meeting.

(2)  If an irregularity is objected to at a general meeting, the members at that meeting must decide whether or not the objection is upheld.

(3)  A decision under subclause (2) is final.

PART 4 - The Council

Division 1 - Council members

19.   Members of Council

(1)  The members of the Council consist of –

(a) 5 members, each of whom has his or her principal place of practice in the Northern Region; and

(b) 3 members, each of whom has his or her principal place of practice in the North-Western Region; and

(c) 8 members, each of whom has his or her principal place of practice in the Southern Region.

(2)  Any retiring member of the Council may be re-elected.

20.   Elected officers

(1)  The president, vice-president and treasurer are to be elected by the Council from within its own members at its first meeting after the annual general meeting of the Society and continue in office until the election of their successors.

(2)  A retiring president may not be re-elected if he or she has held office continuously for the preceding 3 years.

21.   Resignation of Council members

A member of the Council may resign by notice in writing to the Executive Director.

22.   Vacation of office

(1)  A member of the Council vacates office if –

(a) that member ceases to be a member of the Society; or

(b) that member is bankrupt; or

(c) that member is of unsound mind; or

(d) that member resigns; or

(e) that member fails to attend 3 consecutive meetings of the Council without the permission of the Council; or

(f) that member's office is declared vacant by resolution under these by-laws.

(2)  If a casual vacancy occurs in the Council, the Council is to appoint a member to that vacancy.

(3)  The Council need not appoint a member to a casual vacancy if it is within a month of an annual general meeting of the Society.

(4)  A member appointed to a casual vacancy holds office until the next annual general meeting of the Society and –

(a) if the member whose office he or she has taken would have retired, then retires; or

(b) if the member whose office he or she has taken would have held office for another year, is then replaced by a member elected to hold office for that year at an annual meeting of the regional committee in the region in which the vacancy exists.

Division 2 - Nomination and election of Council members

23.   Nominations

(1)  Any 2 members may nominate a member of the Council.

(2)  A nomination is to be –

(a) by notice in writing; and

(b) made to the regional committee of the region in which the candidate has his or her principal place of practice; and

(c) made no more than 30 days nor less than 3 days before the day fixed for the annual meeting of the regional committee.

(3)  A notice is to contain –

(a) the name and address of the candidate; and

(b) the written consent of the candidate.

24.   Elections

(1)  At the annual meeting of a regional committee, the chairperson is to state the names of each candidate nominated.

(2)  If there are no more than the required candidates, those candidates are to be declared councillors-elect.

(3)  If there are more than the required number of candidates, any of the candidates in excess of the number to be elected may –

(a) withdraw; or

(b) be withdrawn by the nominators with the consent of the meeting.

(4)  If all the candidates in excess of the number to be elected do not withdraw or are not withdrawn, an election is to be conducted by ballot held under this Division.

(5)  A councillor-elect is to be appointed as a member of the Council at an annual general meeting of the Society.

25.   Scrutineers

(1)  In an election by ballot, the chairperson is to appoint 2 scrutineers from among the members to receive and examine the ballot papers and to provide a report of the result of the election to the meeting.

(2)  A candidate or that person's nominator may not be appointed as a scrutineer.

26.   Election by ballot

In an election by ballot the procedure is as follows:

(a) the secretary of a regional committee or the Executive Director is to prepare a ballot paper for each member of the region containing the following details:

(i) the names in alphabetical order of the candidates nominated;

(ii) the number and nature of any office to be filled;

(iii) a statement of the matters referred to in paragraph (b) ;

(b) a member is to strike out the name of any candidate for whom the member does not intend to vote and the ballot paper is of no effect if it is returned incomplete or with more or less names left on it than there are offices to be filled;

(c) a ballot paper is to be folded up and delivered to the scrutineers;

(d) the scrutineers are to open and examine a ballot paper;

(e) if the scrutineers do not agree as to the validity of any vote or ballot paper, the chairperson is to give the final decision as to its validity;

(f) the scrutineers are to destroy the ballot papers as soon as the ballot papers have been examined and the result of the election is ascertained;

(g) the scrutineers are to provide a report of the result of the election to the meeting;

(h) the report of the scrutineers is to be signed by them and contain the following details:

(i) the total number of ballot papers received;

(ii) the number of ballot papers rejected;

(iii) the total number of votes in favour of each candidate;

(iv) the names of those candidates who are elected;

(i) the chairperson is to announce to the meeting from the report the names of the candidates elected and declare those candidates to be councillors-elect;

(j) a member may vote only in the region in which that member has his or her principal place of practice.

Division 3 - Council meetings

27.   Council meetings

(1)  The Council may convene a meeting of the Council at any time.

(2)  The president, vice-president or any 2 other members of the Council, by notice in writing, may require the Executive Director to convene a special meeting of the Council.

(3)  The Executive Director is to convene a special meeting requested under subclause (2) by notice in writing to the members of the Council specifying the subject to be considered at that meeting.

(4)  If the Executive Director refuses or fails to convene a special meeting after being requested, the president, vice-president or the 2 other members of the Council making the request may convene a meeting of the Council.

28.   Council minutes

(1)  The Executive Director is to maintain a minute book of the minutes of the proceedings of each meeting of the Council.

(2)  Minutes of the proceedings of each meeting of the Council are to be taken by –

(a) the Executive Director; or

(b) in the absence of the Executive Director, a person appointed by the chairperson.

(3)  After a meeting, the minutes are to be copied into the minute book and, after confirmation, signed by the chairperson at the next meeting of the Council.

29.   Attendance at meetings

(1)  The Executive Director is to prepare a list each year of those present at each meeting of the Council, showing how many times each person has attended at those meetings during the past year.

(2)  The Executive Director is to make the list available for inspection by the members.

30.   Chairperson

(1)  At a meeting of the Council, the office of chairperson is to be filled by –

(a) the president; or

(b) in the absence of the president, the vice-president; or

(c) in the absence of both the president and the vice-president, a member of the Council chosen by the members present at that meeting.

(2)  The chairperson of each meeting of the Council has a deliberative vote only and, in the event of an equality of votes, the motion is taken to be lost.

PART 5 - Executive committee of the Council

31.   Executive committee

(1)  The executive committee consists of –

(a) the president; and

(b) the vice-president; and

(c) the treasurer; and

(d) those members of the Council who are appointed by the Council.

(2)  A member of the executive committee holds office from the conclusion of the first meeting of the Council held after an annual general meeting of the Society to the conclusion of the first meeting of the Council held after the next annual general meeting of the Society, unless that member sooner dies or otherwise ceases to hold that office.

(3)  A member of the executive committee may resign by notice in writing to the Executive Director.

(4)  A member of the executive committee ceases to hold office if that member ceases to be a member of the Council.

(5)  If the office of a member of the executive committee appointed by the Council becomes vacant except by the expiration of the term for which that member was appointed, the Council may appoint another member of the Council to the vacant office for the remainder of the predecessor's term of office.

(6)  If the office of a member of the executive committee held by the president, vice-president or treasurer becomes vacant except by the expiration of the term for which that member was appointed, the Council may elect another member of the Council to the vacant office for the remainder of the predecessor's term of office.

32.   Meetings of the executive committee

(1)  The president or vice-president may convene a meeting of the executive committee.

(2)  The quorum at any meeting of the executive committee is 3 members.

(3)  A question arising at a meeting of the executive committee is determined by a majority of votes of the members present and voting.

(4)  The president is to preside at all meetings of the executive committee.

(5)  If the president is not present at a meeting of the executive committee, the vice-president is to preside at that meeting.

(6)  In the absence of both the president and the vice-president, a member of the executive committee chosen by the members present at that meeting of the executive committee is to preside.

(7)  The person presiding at a meeting of the executive committee has a deliberative vote only and, in the event of an equality of votes, the motion is taken to be lost.

(8)  A resolution which, without being considered at a meeting of the executive committee, is referred to all members of the committee by the president or vice-president and of which a majority of the members indicate by telephone to the president or vice-president that they are in favour is valid as if it had been passed at a meeting of the executive committee.

33.   Removal of officers

(1)  The Society, at any general meeting of the Society –

(a) may remove any elected officer of the Society before the expiration of his or her period of office by a majority of two-thirds of the members present; and

(b) by resolution, may appoint another person to hold office in that officer's place.

(2)  The person appointed under subclause (1)(b) holds office for the remainder of the period of office of the officer removed under subclause (1)(a) .

PART 6 - Regional committees

34.   Regional committees

(1)  The following regional committees are established:

(a) the Southern Regional Committee;

(b) the Northern Regional Committee;

(c) the North-Western Regional Committee.

(2)  The members of each regional committee are to be elected by the members in each region in the manner determined by those members.

(3)  An annual meeting is to be held in each region for the election of councillors-elect for each region.

PART 7 - Finance

35.   Duties of treasurer

(1)  The treasurer must –

(a) collect and receive any money due to the Society; and

(b) deposit any money received in a bank account to the credit of the Society as soon as possible; and

(c) pay out of the Society's funds any account contracted by it; and

(d) keep correct accounts of any receipt or payment; and

(e) produce the accounts required by these by-laws at the annual general meeting of the Society; and

(f) carry out the instructions of the Society and the Council.

(2)  Any cheque drawn on the Society's bank account is to be signed by –

(a) any 2 members of the executive committee; or

(b) any member of the executive committee and the Executive Director.

36.   Auditors

(1)  The Council is to appoint 2 auditors.

(2)  The auditors continue in office until –

(a) the close of the annual general meeting of the Society next after their appointment; or

(b) if their successors have not been appointed at the time of that meeting, until the appointment of their successors.

37.   Accounts

(1)  The Council must –

(a) cause proper accounts to be kept of –

(i) the income and expenditure of the Society; and

(ii) the property, assets and liabilities of the Society; and

(b) cause those accounts to be –

(i) audited by the auditors at the end of each year ending on 30 June; and

(ii) if found correct, signed by the auditors.

(2)  The Council must cause the signed accounts to be made available for inspection by any member at the office of the Executive Director.

(3)  The treasurer must submit those accounts to the next annual general meeting of the Society after the end of the financial year to which they relate for approval by the meeting.

(4)  The chairperson is to sign the accounts if they are approved by the meeting.

(5)  The accounts approved under this clause are binding on all members.

(6)  The accounts may only be re-opened –

(a) if an error of $1 000 or more is found and reported in writing to the Executive Director within one month after their approval; and

(b) in so far as is necessary to rectify that error.

PART 8 - Miscellaneous

38.   Seal

The common seal of the Society may only be affixed –

(a) by a resolution of the Council; and

(b) in the presence of 2 members of the Council and the Executive Director.

39.   Fees

(1)  The fees specified in Schedule 2 are the fees, levies and subscriptions payable each year ending on 31 December in respect of membership of the Society and practising certificates.

(2)  The holder of a practising certificate is a member of the Society without payment of any additional membership fee unless the holder of that practising certificate elects not to be a member by notice in writing to the Executive Director.

SCHEDULE 1 - Form of Proxy

Clause 15

SCHEDULE 2 - Fees

Clause 39

The foregoing by-laws were made at a meeting of the Council of The Law Society held on 8 November 1994.

The common seal of The Law Society of Tasmania was affixed on 14 December 1994 in the presence of –

C. P. Webster

President.

P. A. Griffits

Member.

A. J. McMahon

Secretary/Executive Director.

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

Notified in the Gazette on 28 December 1994

These by-laws are administered in the Department of Justice.