The Legal Services Council (LSC) and the Commissioner for Uniform Services Regulation are both able to issue guidelines and directions to local regulatory authorities about the exercise of their functions under the Uniform Law and Uniform Rules.
The Commissioner can issue guidelines and directions about the complaints and professional discipline functions exercised under Chapter 5 of the Uniform Law.
The Legal Services Council can issue guidelines about the functions exercised by local regulatory authorities under other parts of the Uniform Law.
The Guideline and Direction below is issued by the Legal Services Council to provide guidance to the local regulatory authorities in the performance of their functions concerning the operation of the costs estimates disclosure requirement in section 174(1) under the Legal Profession Uniform Law. For additional information refer to the 'Worked Examples - Providing a Costs Estimate for Costs Disclosure Obligations', below:
LSC Guideline and Direction - Costs Estimates - LSC 01-2016 (PDF, 185.5 KB)
In addition, on 22 April 2016 the LSC issued a new Rule 72A to adjust the provisions for the continuing disclosure of costs and remove a concern of some law practices that their costs agreements would be void if they contravened a costs disclosure requirement of the Uniform Law.
The Direction below is issued by the Legal Services Council to the local regulatory authorities in NSW and Victoria to maintain Public Registers of eligible External Examiners. The LSC website will publish the links to the NSW and Victorian Public Registers so that law practices, consumers of legal services, legal and financial regulatory authorities in Uniform Law and in non-Uniform Law jurisdictions and the general public may be informed of persons who are eligible to be External Examiners under the Uniform Law.
LSC Direction – External Examiner – Public Registers (PDF, 503.7 KB)
On 3 September 2018, a new Rule 65A of the Legal Profession Uniform General Rules 2015 commenced to provide the Law Society of New South Wales and the Victorian Legal Services Board with a power to disqualify, on reasonable grounds, certain persons who are eligible to be designated as an External Examiner under the Uniform Law. The rule ensures that procedural fairness applies to persons who are subject to proposed disqualification.
The Guideline and Direction below is issued by the Commissioner for Uniform Legal Services Regulation and is intended to ensure that information is provided to the Commissioner from time to time on the operation of the cost estimate disclosure requirements in the context of complaints and professional discipline matters. For additional information refer to 'Worked Examples - Providing a Costs Estimate for Costs Disclosure Obligations'.
Commissioner Guideline and Direction - Costs Estimates 01 - 2016 (PDF, 189.1 KB)
See also, More information under LSC Guidelines and Directions relating to the issue by the LSC of a new Rule 72A to adjust the provisions for the continuing disclosure of costs.
The examples in the document below were developed to demonstrate how the cost disclosure obligations operate in practice and are not part of the Guidelines and Directions 01/2016. The examples are not intended to be prescriptive and are offered as illustrations and for assistance only.
The Guideline dated 26 October 2016 below is issued by the Commissioner for Uniform Legal Services Regulation. The Guideline is intended to promote consistency in the exercise of statutory functions by designated local regulatory authorities under section 313 of the Uniform Law, particularly as to the time within which such requests for internal review are made (30 days).
24 Oct 2022
The Legal Services Council and Commissioner for Uniform Legal Services Regulation acknowledges the Aboriginal and Torres Strait Islander peoples as custodians of Australia and pay their respects to Elders, past and present. We also acknowledge their ongoing connection to land, sea and communities throughout Australia, and their contributions to the lives of all Australians.