Lawyers Act 1986

• Coming into Force: 01 January 1986
• Year: 1986
• Published date: 01 January 1986
• Revision Date: 01 October 2021
• Type of Document: Historic Legislation

Contenidos

• Lawyers Act 1986
• PART I.—PRELIMINARY.
• 1. Interpretation.
• 1A. Compliance with Constitutional requirements.
• PART II.—PAPUA NEW GUINEA LAW SOCIETY.
• 2. Establishment of the Papua New Guinea Law Society.
• 3. Incorporation of the Society.
• 4. Custody and affixing of seal.
• 5. Authentication of documents, etc.
• 6. Service of documents.
• 7. Functions of the Society.
• 8. Powers of the Society.
• 9. Membership of the Society.
• 10. Loss of membership.
• 11. Establishment of Council.
• 12. Vacation of office.
• 13. By-elections.
• 14. Meetings of the Council.
• 15. Protection of the Council.
• 16. Protection of Councillors.
• 17. Disclosure of interest.
• 18. Functions of the Council.
• 19. Powers of the Council.
• 20. Committees.
• 21. Rules.
• 21A. Meeting allowances of the Council.
• 22. Secretary.
• 23. Appointment of officers of the Society.
• 24. Service of the Society.
• PART III.—ADMISSION TO PRACTISE.
• 25. Qualifications for admission.
• 25A. Admission Council.
• 25B. Fit and proper person.
• 26. Application for admission to practise.
• 27. Publication and service of application.
• 28. Court may admit applicant to practise.
• 29. Society may make submissions.
• 30. Roll of Lawyers.
• 31. Lawyer to sign Roll on admission.
• 32. Registrar to issue certificate of admission.
• 33. Practise.
• 34. Fees.
• 34A. Reference to a lawyer.
• PART IV.—PRACTISING CERTIFICATES.
• 35. Requirement to hold a practising certificate.
• 36. Person who practices contrary to Section 36 not entitled to recover fees, etc.
• 37. Restricted practising certificate.
• 38. Person who practices contrary to Section 37 not entitled to recover fees.
• 39. Practising certificates.
• 40. Restricted practising certificate.
• 41. Unrestricted practising certificate.
• 42. Application for a practising certificate.
• 43. Society shall require evidence of professional indemnity insurance.
• 44. Applications to be submitted to Council for consideration.
• 44A. Fit and proper person
• 45. Review of Council's decision.
• 46. Withdrawal of practising certificate.
• 47. Review of withdrawal of practising certificate.
• PART V.—PROFESSIONAL CONDUCT.
• 48. Lawyers Statutory Committee.
• 49. Chairman of the Lawyers Statutory Committee.
• 50. Vacation of office.
• 51. Protection of the Committee.
• 52. Functions of the Committee.
• 53. Procedures and Powers of the Committee.
• 54. Power of Committee to impose penalties.
• 55. Decision of Committee.
• 56. Committee may make order relating to a person other than a lawyer, etc.
• 57. Committee to advise Society of recommendation to remove name from Roll, etc.
• 58. Appeal from decision of Committee.
• 59. Powers of Court to impose penalties.
• 60. Offences.
• 60A. Amount of financial penalties and fines to be paid to the fund.
• 60B. Allowance, etc., of members of lawyers statutory committee.
• 61. Professional Conduct Committee.
• PART VI.—REMUNERATION OF LAWYERS.
• 62. Action to recover costs.
• 63. Taxation on application of party chargeable or lawyer.
• 64. Taxation by taxing officer.
• 65. Taxation on application of third parties, etc.
• 66. Remuneration by agreement.
• 67. Death or incapability of lawyer.
• 68. Change of lawyers.
• 69. Exclusion of taxation by agreement.
• 70. Remuneration of mortgagee lawyer.
• 71. Non-Contentious Costs Committee.
• 72. Function of Non-Contentious Costs Committee.
• 73. Minister may accept or reject recommendations.
• 74. Regulations as to remuneration in respect of non-contentious business.
• PART VII.—LAWYERS TRUST ACCOUNTS.
• 75. Compliance with provisions as to keeping of Trust accounts
• 76. Inspector to prepare report, etc.
• 77. Lawyer may explain matters set out in report.
• 78. Council to consider report, etc.
• 79. Costs of inspection.
• 80. Establishment of Trust Accounts Contribution Fund. [Repealed]
• 81. Moneys payable into the Contribution Fund. [Repealed]
• 82. Banks to give notice of lawyers' trust accounts.
• 83. Moneys payable by a bank into the Contribution Fund.
• 84. Purposes, etc., of the Contribution Fund. [Repealed]
• PART IX.—THE GENERAL FUND.
• 85. Establishment of General Fund.
• 86. Composition of the Fund.
• 87. Payment out of the Fund.
• 87A. Moneys payable by a bank into the Fund.
• 88. Audit of the Fund.
• 89. Administration of the Fund.
• 90. Imposition of annual fee.
• 91. Application of the Fund.
• 92. Claims against the Fund.
• 93. Council to receive and investigate claims, etc.
• 94. Person not to recover from the Fund a sum greater than pecuniary loss.
• 95. Effect of payments recovery after payment from the Fund.
• 96. Claim to be deferred until conviction.
• 97. No interest to be paid out of Fund.
• 98. Proceedings against the Society in relation to a claim against the Fund.
• 99. Effect of settlement of claim arising from default of employee of lawyer.
• 100. No moneys, etc., of the Society to satisfy judgement in relation to the Fund.
• 101. No proceedings to enforce a judgement against the Society to be taken without leave of the Court.
• PART X.—RECEIVER.
• 102. Appointment of receiver.
• 103. Powers of a receiver.
• 104. Costs of appointing receiver.
• PART XI.—MISCELLANEOUS.
• 105. The National Court Library.
• 106. Removal of name from the Roll on death.
• 107. Precedence.
• 108. Lawyer to be Commissioner for Oaths.
• 109. Regulations.
• PART XII.—REPEAL.
• 110. Repeal.
• PART XIII.—TRANSITIONAL.
• 111. Practising certificates.
• 112. Lawyer under repealed Act.
• 113. Qualifications for membership of Committee.
• 114. Professional conduct.
• 115. Transfer of assets, etc., of Papua New Guinea Law Society Incorporated.
• 116. Winding up of Papua New Guinea Law Society Incorporated.

Lawyers Act 1986

[Lawyers Act 1986 consolidated to No 15 of 1997]

INDEPENDENT STATE OF PAPUA NEW GUINEA.

No. 66 of 1986.

Lawyers Act 1986,

Being an Act relating to lawyers,

MADE by the National Parliament, to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.

PART I.—PRELIMINARY.

1 Interpretation.

In this Act, unless the contrary intention appears—

"admission" means admission to practice as a lawyer;

The definition of "Admission Council" was added by the Lawyers (Amendment) Act 1989 (No. 30 of 1989), s1(a).

"Admission Council" means the Admission Council established by Section 25A;

The definition of "Attorney-General" was amended by the Lawyers (Amendment) Act 2021 (No. 39 of 2021), s2(a).

"Attorney-General" means the Attorney-General referred to in the Attorney-General Act 1989;

"Committee" means the Lawyers Statutory Committee established by Section 48;

The definition of "Contribution Fund" was added by the Lawyers (Amendment) Act 1989 (No. 30 of 1989), s1(b).

"Contribution Fund" means the Trust Accounts Contribution Fund established by Section 80;

"costs" includes fees, charges, disbursements, expenses and remuneration;

"Council" means the Council of the Law Society established by Section 11;

"Councillor" means a Councillor of the Society appointed under Section 11;

The definition of "country" was added by the Lawyers (Amendment) Act 1989 (No. 30 of 1989), s1(c).

"country", in the case of a foreign country with a federal system of government, includes States within that country;

"Court" means the National Court;

The definition of "fit and proper person" was added by the Lawyers (Amendment) Act 2021 (No. 39 of 2021), s2(b).

"fit and proper person" means a person determined as such in accordance with this Act;

"Fund" means the General Fund established by Section 85;

"lawyer" means a person who has been admitted to practice as a lawyer under this Act;

The definition of "levy" was repealed by the Lawyers (Amendment) Act 2021 (No. 39 of 2021), s2(c).

"practising certificate" means a practising certificate issued under Section 39;

"President" means the President of the Society;

"Registrar" means the Registrar of the Court;

"repealed Act" means the Lawyers Act (Chapter 91) repealed by Section 110;

"resident" means, for the purpose of the issue of a practising certificate,

(a) a lawyer who is a citizen; or

(b) a person who declares on oath in writing that he intends to reside in Papua New Guinea for a period of not less than 12 months from the date of his application for a practising certificate;

"restricted practising certificate" means a restricted practising certificate issued under Section 40;

"Roll" means the Roll of Lawyers kept under Section 30;

"Rules" means the Rules of the Society made by the Council under Section 21;

"Rules of Court" means the Rules of Court of the National Court;

"Secretary" means the Secretary of the Society appointed under Section 22;

"Society" means the Papua New Guinea Law Society established under Section 2;

"this Act" includes the Regulations;

The definition of "trust account" was added by the Lawyers (Amendment) Act 1989 (No. 30 of 1989), s1(d).

"trust account", in relation to Section 82, means a current or deposit account in the name of the lawyer at a bank in the title of which account the word "Trust" appears, or where no such word...