Legal Practice and Procedure
Framework
Legal practice and procedure in Queensland draws on the Legal Profession Act 2007 (Qld), the UCPR, and the inherent jurisdiction of the Supreme Court. It covers admission, practice structures, trust accounting, and court etiquette.
Core concepts
- Admission: requires an approved academic qualification, practical legal training, and a character assessment by the Legal Practitioners Admissions Board.
- Practising certificates: annual renewal; conditions may restrict practice areas or supervision.
- Trust accounting: strict rules under the Legal Profession Regulation 2017 (Qld); trust money must be held in a general trust account, reconciled monthly, and audited annually. Mixed trust funds and early withdrawals are common error points.
- Practice structures: sole practitioner, partnership, incorporated legal practice, and multidisciplinary partnership.
- Court etiquette: addressing the court correctly, standing when addressing the bench, and observing the order of appearances.
- Jurisdiction: Supreme Court (unlimited), District Court (up to $750,000), Magistrates Court (up to $150,000).
- Appeals: time limits and leave requirements vary by court.
Traps
Candidates confuse trust money with office money, or forget that trust money cannot be used to pay the practitioner's own fees without a valid bill. Another trap is misstating the jurisdictional limits of the District and Magistrates Courts.
Rule of thumb
For practice questions, identify: (1) the court and its jurisdiction; (2) the applicable rule or regulation; (3) whether trust money is involved; (4) the correct form of address or filing step. Then check time limits.