New Uniform Law Application Bill for Victorian Legal Profession

Last week the Legal Profession Uniform Law Application Bill 2013 was introduced into the Victorian Parliament and reached second reading stage in the Legislative Assembly (on 10 and 12 December 2013). In the explanatory papers to the Bill, the purpose of the proposed law is stated as being to repeal the Legal Profession Act 2004 (Vic) replacing it with a new "template legislation", to be known as the Legal Profession Uniform Law (the uniform law), which is intended eventually to have application in multiple States and Territories of the Commonwealth.

What the proposed Uniform Law does?

The new Bill applies the uniform law as a law of Victoria while including Victorian-specific provisions dealing with the Victorian entities that will perform functions locally under the uniform law. The Bill also makes provision related to funding and administrative matters as well as making consequential and other amendments to ensure that the uniform law is tailored to suit Victoria's legislative environment.

When it is expected to start?

According to the Law Institute of Victoria (LIV) President's Blog 2013, the "uniform profession" legislation is expected to come into effect on 1 July 2014 and is to begin operation initially by applying only in Victoria and New South Wales (NSW).

Effect of the new Uniform Law

In general the uniform laws appear to look to a new national scheme to make the legal profession "more streamlined, efficient and agile".

LIV President Reynah Tang says in his blog comment that:

The new law targets many practical matters which currently make legal practise complicated, the example given by the LIV President in his blog comment, for example, is of law firms located near the Murray border between NSW and Victoria who will benefit from "a single consistent set of rules" governing practice matters like; the maintenance and auditing of trust accounts (only a single trust account audit will be required), the continuing professional development requirements and the way in which clients can be billed.

In terms of admission to practice the uniform law is seen to benefit new lawyers who will only need to meet a single set of admissions requirements. Another area seen as being improved is that of foreign lawyers being admitted to practice in Australia, the uniform law proposes a new and simplified process for admitting foreign lawyers a move seen as "increasing [our] ability to engage with our Asian neighbours and engage international lawyers with specific expertise when needed".

Administration of of the proposed Uniform Law

A new Legal Services Council on which the profession will be represented is to be established and that Council is to be responsible for recommending changes and improvements to the uniform law framework. It will also make Uniform Rules and, along with a Commissioner for Uniform Legal Services Regulation, issue guidelines under the uniform law scheme.

Admissions will be under the control of a statutory Admissions Committee to be established and will include judicial representatives nominated by the NSW and Victorian Chief Justices and this Committee will also be responsible for the development of "consistent Admissions Rules and advising the Council on matters relating to admissions".

Local regulatory bodies and societies, including professional associations and legal services commissioners, will continue to carry out regulation in each jurisdiction in accordance with the uniform laws, rules and policies.

Where to next

Like most Parliaments the Victorian Parliament has stopped sitting for 2013 and the Bill is therefore, likely to stay at second reading stage until Parliament sits again in the new year.

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• Legal Profession Uniform Law Application Bill 2013 and explanatory material as reported in the TimeBase LawOne Service.
• The long and winding road . . .LIV President's Blog 2013 - Reynah Tang