Legislation
and rules
Recent changes to the Conduct Rules
The Australian Solicitors’ Conduct Rules were recently amended and came into effect on 1 April 2022.
Australian Solicitors’ Conduct Rules – Further Amendment
Subsequent to the recent amendments to the Conduct Rules which commenced on 1 April 2022, Rule 38 (Returning Judicial Officers) has been amended commencing 22 April 2022. The latest amendment reinstates the version of Rule 38 prior to 1 April 2022. It is to alleviate unintended consequences to registrars and other non-tenured judicial officers.
You may find following documents useful:
- a marked up version of the changes provided by the Law Council,
- the official legislative instrument, and
- the Law Council of Australia’s review of the rules. The Law Council will be updating the commentary to the Rules in due course.
In NSW, the practice of law and regulation of the legal profession are governed by the Uniform Law, it consists of:
Acts: Legal Profession Uniform Law (NSW)
Legal Profession Uniform Law Application Act 2014
Regs: Legal Profession Uniform Regulations 2015
Legal Profession Uniform Law Application Regulation 2015
Rules: Legal Profession Uniform General Rules 2015
Admission Rules 2015
Law Australian Solicitors' Conduct Rules 2015
Legal Practice (Solicitors) Rules 2015
Continuing Professional Development (Solicitors) Rules 2015
Schedules:
Rule 11 of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 (former NSW Rule 58) prescribes the following forms for use in NSW:
- Schedule 1: Declaration by Borrower / Grantor of a Security Interest
- Schedule 1A: Declaration by Borrower / Grantor of a Security Interest (Corporation)
- Schedule 1B: Declaration by Borrower/Grantor of a Security Interest (Trustee)
- Schedule 2: Declaration by Third Party Mortgagor, Guarantor, Surety Mortgagor or Indemnifier for the Borrower/Grantor of a Security Interest
- Schedule 2A: Declaration by Third Party Mortgagor, Guarantor, Surety Mortgagor or Indemnifier for the Borrower / Grantor of a Security Interest (Corporation)
- Schedule 3: Interpreter’s Certificate
- Schedule 4 Part 1: Acknowledgment of Legal Advice by Proposed Borrower/Proposed Grantor of a Security Interest
- Schedule 4 Part 2: Acknowledgment of Legal Advice by Proposed Guarantor
- Schedule 4A Part 1: Acknowledgment of Legal Advice by Proposed Borrower/ Grantor of a Security Interest (Corporation)
- Schedule 4A Part 2: Acknowledgment of Legal Advice by Proposed Guarantor (Corporation)
- Schedule 4B Part 1: Acknowledgment of Legal Advice by Proposed Borrower/Grantor of a Security Interest (Trustee)
- Schedule 4C: Acknowledgment of Legal Advice by Proposed Borrower/Grantor of a Security Interest/Trustee (Corporation)