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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-02-28 Daily Xml
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LEGAL PROFESSION BILL

Final Stages

The House of Assembly disagreed to the amendments made by the Legislative Council, as indicated in the following schedule:

No. 1. Clause 301, page 155, after line 31—

Clause 301(4)—After paragraph (n) insert:

(na) the costs of exercising a right or remedy subrogated to the Society under section 322;

No. 2. Clause 301, page 156, lines 1 and 2—

Clause 301(7)—Delete subclause (7)

No. 3. Clause 313, page 161, line 10—

Clause 313(1)—Delete 'all claims to which the notice relates is—' and substitute:

any particular claim to which the notice relates is 30 percent

No. 4. Clause 313, page 161, lines 11 and 12—

Clause 313(1)(a) and (b)—Delete paragraphs (a) and (b)

No. 5. Clause 313, page 161, line 15—

Clause 313(1)—Delete 'claims' and substitute:

claim

No. 6. Clause 319, page 163, lines 17 to 19—

Clause 319(1)—Delete ', unless the Society considers that special circumstances exist warranting a reduction in the amount of costs or warranting a determination that no amount should be paid for costs'

No. 7. Clause 319, page 163, line 23—

Clause 319(3)—After 'guarantee fund' insert:

on a party and party basis

No. 8. Clause 321, page 164, lines 1 to 5—

Clause 321(c) and (d)—Delete paragraphs (c) and (d)

No. 9. Clause 321, page 164, lines 7 to 9—

Clause 321(2)—Delete subclause (2)

No. 10. Clause 322, page 164, lines 19 to 21—

Clause 322(3)—Delete subclause (3)

No. 11. Clause 326, page 165, lines 30 to 36—

Clause 326(3)—Delete subclause (3)

No. 12. Clause 327, page 166, lines 17 to 23—

Clause 327(3)—Delete subclause (3)

No. 13. Clause 331, page 168, lines 8 to 10—

Clause 331(2)—Delete subclause (2) and substitute:

(2) A levy is to be of such amount as the Society determines and may differ according to factors determined by the Society.

No. 14. Clause 331, page 168, line 11—

Clause 331(3)—Delete 'Attorney General' and substitute:

Society

No. 15. Clause 331, page 168, after line 18—

Clause 331—After subclause (4) insert:

(5) However, a levy may not be imposed under this section without the written authorisation of the Attorney-General.

No. 16. New clause, page 249, after line 34—

After clause 513 insert:

513A—Rules of Supreme Court may assign functions or powers

(1) The Supreme Court may, by rules of court, assign to a specified person or body, or to a person occupying a specified office or position, any functions or powers conferred on or vested in it under—

(a) Chapter 2 Part 4 or 5; or

(b) Part 1 of this Chapter; or

(c) any other provision of this Act prescribed by regulation for the purposes of this section.

(2) The rules of the Supreme Court may specify that an assignment of functions or powers under this section is subject to conditions and limitations.

(3) A decision made by a person or body acting in accordance with an assignment of functions or powers under this section may, subject to the rules of the Supreme Court, be appealed against to the Supreme Court by the person in relation to whom the decision was made.

(4) On such an appeal, the Supreme Court—

(a) may confirm, vary or reverse the decision; and

(b) may make any consequential or ancillary order.

(5) If a person or body makes a decision in accordance with an assignment of functions or powers under this section that is adverse to the person in relation to whom the decision was made, the person or body must, as soon as practicable, give an information notice to the person.

No. 17. Schedule 1, page 253, lines 14 to 17—

Schedule 1, clause 13(1)(b)—Delete paragraph (b) and substitute:

(b) a claim in respect of a default (within the meaning of that Part) occurring before the commencement of this clause if the claim had not been determined under Part 5 of the repealed Act before the commencement of this clause.

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