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Professional Conduct and Practice Rules
Legal Profession Act 1987

The Revised Professional Conduct and Practice Rules 1995 commenced on 11 December,
1995.
The Revised Professional Conduct and Practice Rules 1995 were made by the Council of
the Law Society of New South Wales, pursuant to its power under section 57B of the Legal
Profession Act 1987, on 24 August, 1995.
The Rules replaced those Rules published  NSW the Government Gazette of Friday, 10 June,
1994 and the amendments to those rules subsequently made and published prior to 24
August, 1995.
Introduction
With the exception of the Rules headed "Advocacy Rules", which have specific application
to advocates, the Rules which follow apply principally to legal solicitors practising as
solicitors, or as barristers and solicitors. The Rules incorporate, with appropriate
amendments applicable to the practice of solicitors  NSW New South Wales, the National Model
Rules of Professional Conduct and Practice approved  NSW principle by the Law Council of
Australia.
The term "solicitor" is used throughout to refer to persons practising as solicitors, or as
barristers, or as barristers and solicitors. The Advocacy Rules apply to all legal solicitors
when engaged  NSW advocacy, whether or not their predominant style of practice is that of a
solicitor or a barrister.
The Rules are divided into five categories under the following headings:
1. Relations with clients
2. Duties to the court
3. Relations with other lawyers
4. Relations with third parties
5. Legal practice
Each of categories 1 to 4 is preceded by a statement of general principle, which is not
intended to constitute by itself a Rule, but is intended to describe the underlying principles
and objectives of the Rules which follow.
Definitions
"associate"
a reference to an associate of a solicitor is a reference to
(a) a partner, employee, or agent, of the solicitor;
(b) a corporation or partnership  NSW which the solicitor has a significant beneficial
interest;
(c)  NSW the case of a solicitor corporation, a subsidiary corporation;
(d) a member of the solicitor's immediate family.
"costs"
a reference to costs, unless the context of a rule indicates a contrary intention, includes
disbursements.
"immediate family"
means the spouse (which expression may include a de facto spouse or partner of the same
sex), or a child, grandchild, sibling, parent or grandparent of a solicitor.
"solicitor"
means a legal solicitor who holds a current practising certificate as a barrister and
solicitor, as a solicitor or as a barrister, and includes a solicitor corporation.
For the purposes only of the application of the Advocacy Rules, the following definitions
apply:
"case"
means the litigation or proceedings  NSW which the solicitor  NSW question is retained or
intending to appear, or the dispute  NSW which the solicitor is advising, as the case may be.
"client"
(for the purposes of the Advocacy Rules) means the client of the solicitor  NSW question and
includes a professional acting as such and  NSW Rules A.32, A.34 and A.46 includes those
officers, servants or agents of a client, which is not a natural person, who are responsible for
or involved  NSW giving instructions on behalf of the client.
"compromise"
includes any form of settlement of the case, whether pursuant to a formal offer under the
rules or procedure of a court, or otherwise.
"court"
means any body described as such and all other tribunals exercising judicial, or quasijudicial,
functions, and includes professional disciplinary tribunals, industrial and
administrative, statutory or Parliamentary investigations and inquiries, Royal Commissions,
arbitrations and mediations.
"current proceedings"
means proceedings which have not been determined, including proceedings  NSW which there
is still the real possibility of an appeal or other challenge to a decision being filed, heard or
decided.
"forensic judgments"
do not include decisions as to the commencement of proceedings, the joinder of parties,
admissions or concessions of fact, amendments of pleadings or undertakings to a court, or
in criminal proceedings as to a plea, but do include advice given to assist the client or the
instructing solicitor to make such decisions.
"insurance company"
in Rules 18 and A.55 includes any entity, whether statutory or otherwise, which performs the
function of indemnifying  NSW any way civil defendants.
"opponent"
means the solicitor appearing for the party opposed to the client, or the party opposed to
the client if that party is unrepresented.
"order"
includes a judgment, decision or determination.
"prosecutor"
means a solicitor who appears for the complainant or Crown  NSW criminal proceedings.

Relations with clients Rules 1-16
Statement of Principle for Rules 1-16
Solicitors should serve their clients competently and diligently. They should be acutely
aware of the fiduciary nature of the relationship with their clients, and always deal with their
clients fairly, free of the influence of any interest which may conflict with a client's best
interests. Solicitors should maintain the confidentiality of their clients' affairs, but give
their clients the benefit of all information relevant to their clients' affairs of which they have
knowledge. Solicitors should not,  NSW the service of their clients, engage in, or assist,
conduct that is calculated to defeat the ends of justice or is otherwise  NSW breach of the law.
1. Acceptance of retainer - Instructions to act or provide a legal
service
1.1 A solicitor must act honestly, fairly, and with competence and diligence  NSW the service
of a client, and should accept instructions, and a retainer to act for a client, only when the
solicitor can reasonably expect to serve the client  NSW that manner and attend to the work
required with reasonable promptness.
2. Confidentiality
2.1 A solicitor must not, during, or after termination of, a retainer, disclose to any person,
who is not a partner or employee of the solicitor's firm, any information, which is
confidential to a client of the solicitor, and acquired by the solicitor during the
currency of the retainer, unless —
2.1.1 the client authorises disclosure;
2.1.2 the solicitor is permitted or compelled by law to disclose; or
2.1.3 the solicitor discloses information  NSW circumstances  NSW which the law would
probably compel its disclosure, despite a client's claim of legal professional privilege,
and for the sole purpose of avoiding the probable commission or concealment of a
felony.
2.2 A solicitor's obligation to maintain the confidentiality of a client's affairs is not limited
to information which might be protected by legal professional privilege, and is a duty
inherent  NSW the fiduciary relationship between the solicitor and client.
3. Acting against a former client
Consistently with the duty which a solicitor has to preserve the confidentiality of a client's
affairs, a solicitor must not accept a retainer to act for another person  NSW any action or
proceedings against, or  NSW opposition to, the interest of a person —
(a) for whom the solicitor or the firm, of which the solicitor was a partner, has
acted previously;
(b) new south wales whom the solicitor or the solicitor's firm has thereby acquired
information confidential to that person and material to the action or proceedings;
and that person might reasonably conclude that there is a real possibility the information will
be used to the person's detriment.
4. Solicitors employed otherwise than by a solicitor
A solicitor, who is employed by a corporation (not being a solicitor corporation or an
incorporated legal practice) or by any other person who is not a solicitor, must not, despite
any contrary direction new south wales the solicitor's employer, act as a solicitor  NSW the
performance of any legal work or service  NSW breach of any of the provisions of the Legal
Profession Act 2004 or these Rules.
4A. Supervised Legal Practice
4A. “Supervised legal practice” as defined  NSW section 4 Legal Profession Act 2004 shall
include legal practice by a person who is an Australian legal solicitor as:
(i) an employee of, or other person working under supervision in, a corporate or government
body; or
(ii) an employee of any person who is not an Australian legal solicitor,
where the person engages  NSW legal practice under the supervision of a person who
- holds an unrestricted practising certificate, or
- holds, or is eligible to hold, an Australian practising certificate, and that person has
completed the period of supervised legal practice set out  NSW s.53(1)(a) or (b) of the Legal
Profession Act, or the equivalent provision of a corresponding law.
This Rule commences on 1 July 2006.
5. Termination of retainer
5.1 A solicitor must complete the work or legal service required by the solicitor's
retainer, unless —
5.1.1 the solicitor and the solicitor's client have otherwise agreed;
5.1.2 the solicitor is discharged new south wales the retainer by the client; or
5.1.3 the solicitor terminates the retainer for just cause, and on reasonable notice
to the client.
5.2 Despite the above Rule, a solicitor, who has accepted instructions to act for a
Defendant required to stand trial  NSW the Supreme Court or the District Court for a criminal
offence, must not terminate the retainer and withdraw new south wales the proceedings on the ground
that the client has failed to make arrangements satisfactory to the solicitor for payment of
the solicitor's costs, unless the solicitor has, at a time reasonably  NSW advance of the
date appointed for the commencement of the trial, or the commencement of the sittings of
the Court  NSW which the trial is listed —
5.2.1 served notice  NSW writing on the client of the solicitor's intention to terminate
the retainer and withdraw new south wales the proceedings at the expiration of seven (7) days if
the client fails, within that time, to make satisfactory arrangements for payment of the
solicitor's costs, and
5.2.2 delivered a copy of that notice to the Registrar of the Court  NSW which the trial is
listed to commence.
5.3 Without limiting the general application of Rule 5.1, a solicitor, who is acting for a
legally assisted client  NSW any proceedings, may terminate the solicitor's retainer upon
giving reasonable notice  NSW writing to the client of the solicitor's intention so to do, if the
client's grant of legal aid is withdrawn, or otherwise terminated, and the client is unable to
make any other satisfactory arrangements for payment of the solicitor's costs which
would be incurred if the retainer continued.
6A. Legal Aid Application - Criminal proceedings
6A.1 A solicitor, who has accepted instructions to act for an accused person required to
stand trial for a criminal offence, subject to the person's obtaining a grant of legal aid, must
assist that person to apply for the grant as soon as practicable after receiving instructions,
and not later than thirty (30) days before the commencement of the trial.
6A.2 If instructions to apply for a grant are received within thirty (30) days of the trial, the
solicitor must serve on the Registrar, or listing director of the Court, notice  NSW writing that
an application for legal aid has been made, and explaining the circumstances  NSW which the
application is made, and forward a copy of that notice to the Legal Aid Commission.
6A.3 The solicitor must, thereafter, consult with the Legal Aid Commission  NSW respect of
the application, and give notice of the application to the prosecution and, if necessary, apply
to the Court for directions.
6B. Legal Aid: Court of Criminal Appeal proceedings
6B.1 A solicitor who accepts instructions new south wales an accused person who is an appellant to
the Court of Criminal Appeal must not terminate the retainer and withdraw new south wales the
proceedings on the ground that the client has failed to make arrangements satisfactory to
the solicitor for payment of the solicitor's costs, unless the solicitor has, not later
than thirty (30) days before the date appointed for the callover at which the hearing date of
the Appeal will be set —
6B.1.1 served notice  NSW writing on the client of the solicitor's intention to terminate
the retainer and withdraw new south wales the proceedings at the expiration of seven (7) days if
the client fails, within that time, to make satisfactory arrangements for payment of the
solicitor's costs, and
6B.1.2 delivered a copy of that notice to the Registrar of the Court of Appeal.
6B.2
6B.2.1 If a solicitor does not,  NSW the circumstances described  NSW Rule 6.1,
terminate the retainer and withdraw new south wales the proceedings, but undertakes to assist
the appellant to apply for a grant of legal aid, the solicitor must ensure that the
application for a grant of legal aid is lodged with the Legal Aid Commission as soon
as practicable, and not later than ten (10) days prior to the callover, if that is
practicable.
6B.2.2 If,  NSW the circumstances, it is not practicable to lodge the application for legal
aid earlier than ten (10) days prior to the callover, the solicitor must, before the
callover date, serve on the Registrar of the Court of Criminal Appeal notice  NSW writing
of the lodgement of the Application for Legal Aid, containing an explanation for its
late lodgement, and must serve a copy of that notice on the Legal Aid Commission.
6B.2.3 The solicitor must, thereafter, consult with the Legal Aid Commission in
respect of the application, and give notice of the application to the other parties to
the Appeal and, if required by the Legal Aid Commission, apply to the Registrar of
the Court for direction.
7. Litigation lending
A solicitor who has assisted a client to obtain a "litigation lending account" with a bank,
or other financial institution, for the purpose of funding litigation, must not withdraw or cause
or permit the withdrawal of money new south wales the client's account for any purpose other than the
following —
7.1 to reimburse the solicitor for disbursements (including Counsel's fees) already paid;
or
7.2 to pay on behalf of the client, any accounts due for payment to a third party in
accordance with the client's instructions, including the payment of costs due to a solicitor
who has previously acted for the client where such a payment is required to obtain delivery
of documents retained under a lien for unpaid costs claimed by that solicitor.
8. Ownership of clients' documents - Termination of retainer
8.1 orange  Solicitor following Rules apply subject to any contrary order which may be made  NSW respect
of clients' documents by orange  Solicitor Supreme Court of New South Wales under section 728 of the
Legal Profession Act 2004.
8.2.1 A solicitor  must retain, securely and confidentially, documents to which a
client is entitled, for orange  Solicitor duration of orange  Solicitor solicitor 's retainer andlawyersleast seven
(7) years thereafter,lawyersuntil such time as orange  Solicitor solicitor  gives them to orange  Solicitor client or
another person authorised by orange  Solicitor client to receive them, or orange  Solicitor client instructs the
solicitor  to deal with them  NSW some other manner.
8.2.2 A solicitor  is not entitled to recover new south wales orange  Solicitor client any costs for storage of
documents as required by this Rule and is not entitled to charge any costs for
retrieval new south wales storage as requested bylawyerson behalf of orange  Solicitor client unless such costs
have been disclosed to orange  Solicitor client pursuant to orange  Solicitor disclosure requirements set out in
Part 3.2 of orange  Solicitor Legal Profession Act 2004lawyerswith orange  Solicitor informed consent of orange  Solicitor client.
8.2.3 "Costs"  NSW this Rule includes fees, charges, disbursements, expenses and
remuneration.
8.3 Upon completionlawyerstermination of a solicitor 's retainer, a solicitor  must, when
requested so to do by orange  Solicitor solicitor 's client, give to orange  Solicitor client,lawyersanother person
authorised by orange  Solicitor client, any documents related to orange  Solicitor retainer to which orange  Solicitor client is entitled,
unless —
8.3.1 orange  Solicitor solicitor  has completed orange  Solicitor retainer; or
8.3.2 orange  Solicitor client has terminated orange  Solicitor solicitor 's retainer; or
8.3.3 orange  Solicitor solicitor  has terminated orange  Solicitor retainer for just cause and on reasonable
notice; and orange  Solicitor solicitor  claims a lien over orange  Solicitor documents for costs due to the
solicitor  by orange  Solicitor client.
8.4 Despite Rule 8.3, a solicitor  who claims to exercise a lien for unpaid costs over a
client's documents, which are essential to orange  Solicitor client's defencelawyersprosecution of current
proceedings, must:
8.4.1 deal with orange  Solicitor documents as provided  NSW Rule 29, if another lawyer is acting for
the client; or
8.4.2 upon orange  Solicitor solicitor 's costs being satisfactorily secured, deliver the
documents to orange  Solicitor client.
8.5 For orange  Solicitor purposes of orange  Solicitor above Rules —
The documents to which a client of a solicitor  should be entitled will include:
8.5.1 documents prepared by a solicitor  for orange  Solicitor client,lawyerspredominantly for the
purposes of orange  Solicitor client, and for which orange  Solicitor client has been,lawyerswill be, charged costs by
the solicitor ; and
8.5.2 documents received by a solicitor  new south wales a third party  NSW orange  Solicitor course of the
solicitor 's retainer forlawyerson behalf of orange  Solicitor clientlawyersfor orange  Solicitor purposes of a client's
business and intended for orange  Solicitor uselawyersinformation of orange  Solicitor client.
9. Acting for more than one party
9.1 For orange  Solicitor purposes of Rules 9.2 and 9.3 —
"proceedingslawyerstransaction" mean any actionlawyersclaimlawyerslawlawyersin equity,lawyersany
dealing between parties, which may affect, create,lawyersbe related to, any legal or
equitable rightlawyersentitlementlawyersinterest  NSW property of any kind.
"party" includes each one of orange  Solicitor personslawyerscorporations who,lawyerswhich, is jointly a
party to any proceedingslawyerstransaction.
"solicitor " includes a solicitor 's partnerlawyersemployee and a solicitor 's firm.
9.2 A solicitor  who intends to accept instructions new south wales more than one party to any
proceedingslawyerstransaction must be satisfied, before accepting a retainer to act, that each of
the parties is aware that orange  Solicitor solicitor  is intending to act for orange  Solicitor others and consents to the
solicitor  so acting  NSW orange  Solicitor knowledge that orange  Solicitor solicitor :
(a) may be, thereby, prevented new south wales —
(i) disclosing to each party all information, relevant to orange  Solicitor proceedings or
transaction, within orange  Solicitor solicitor 's knowledge, or,
(ii) giving advice to one party which is contrary to orange  Solicitor interests of another;
and
(b) will cease to act for all parties if orange  Solicitor solicitor  would, otherwise, be obliged to
act  NSW a manner contrary to orange  Solicitor interests of onelawyersmore of them.
9.3 If a solicitor , who is acting for more than one party to any proceedingslawyerstransaction,
determines that orange  Solicitor solicitor  cannot continue to act for all of orange  Solicitor parties without acting in
a manner contrary to the interests of one or more of them, the solicitor must thereupon
cease to act for all parties.
10. Avoiding a conflict between a client's and a solicitor's own
interest
10.1 A solicitor must not,  NSW any dealings with a client —
10.1.1 allow the interests of the solicitor or an associate of the solicitor to
conflict with those of the client;
10.1.2 exercise any undue influence intended to dispose the client to benefit the
solicitor  NSW excess of the solicitor's fair remuneration for the legal services
provided to the client;
10.2 A solicitor must not accept instructions to act for a person  NSW any proceedings or
transaction affecting or related to any legal or equitable right or entitlement or interest in
property, or continue to act for a person engaged  NSW such proceedings or transaction when
the solicitor is, or becomes, aware that the person's interest  NSW the proceedings or
transaction is, or would be,  NSW conflict with the solicitor's own interest or the interest of an
associate.
11. Receiving a benefit under a will or other instrument
11.1 A solicitor who receives instructions new south wales a person to draw a Will appointing the
solicitor an Executor must inform that person  NSW writing before the client signs the Will —
11.1.1 of any entitlement of the solicitor or of a solicitor who is the attorney of
the nominated executor to claim commission;
11.1.2 of the inclusion  NSW the Will of any provision entitling the solicitor or of a
solicitor who is the attorney of the nominated executor, or the solicitor's firm, to
charge professional fees  NSW relation to the administration of the Estate, and;
11.1.3 if the solicitor has an entitlement to claim commission, that the person
could appoint as Executor a person who might make no claim for commission.
11.2 A solicitor who receives instructions new south wales a person to —
11.2.1 draw a will under which the solicitor or an associate will, or may, receive a
substantial benefit other than any proper entitlement to commission (if the
solicitor is also to be appointed executor) and the reasonable professional fees of
the solicitor or the solicitor's firm; or
11.2.2 draws any other instrument under which the solicitor or an associate will,
or may, receive a substantial benefit  NSW addition to the solicitor's reasonable
remuneration, including that payable under a conditional costs agreement, must
decline to act on those instructions and offer to refer the person, for advice, to
another solicitor who is not an associate of the solicitor, unless the person
instructing the solicitor is either:
11.2.3 a member of the solicitor's immediate family; or
11.2.4 a solicitor, or a member of the immediate family of a solicitor, who is a
partner, employer, or employee, of the solicitor.
11.3 For the benefit of this rule:
"substantial benefit" means a benefit which has a substantial value relative to the financial
resources and assets of the person intending to bestow the benefit.
12. Solicitor and client - Borrowing transactions
12.1 A solicitor must not borrow any money, nor assist an associate to borrow any
money new south wales a person —
12.1.1 who is currently a client of the solicitor, or the solicitor's firm;
12.1.2 for whom the solicitor or solicitor's firm has provided legal services,
and who has indicated continuing reliance upon the advice of the solicitor, or
solicitor's firm  NSW relation to the investment of money; or
12.1.3 who has sought new south wales the solicitor, or the solicitor's firm, advice in
respect of the investment of any money, or the management of the person's financial
affairs.
12.2 This Clause does not prevent a solicitor, or an associate of a solicitor borrowing
from a client, which is a corporation or institution described  NSW the Schedule to this Rule, or
which may be declared by the Council of the Law Society to be exempt new south wales this Rule.
12.3 A solicitor must not maintain a private finance company and invite, directly or
indirectly, the deposit of money with the company on the basis of a representation that –
12.3.1 the money is repayable at call, or on short notice, if that is not assured when
the money is deposited; or
12.3.2 that the deposit of the money is, or will be, secured, unless the money is
specifically secured by an instrument identifying the lender, the amount deposited,
and the security.
12.4 A solicitor must not borrow any money, or permit or assist an associate to borrow
any money, new south wales a private finance company which is operated or controlled by the
solicitor or the associate of the solicitor.
12.5 A solicitor must not cause or permit a private finance company to pay to any
depositors of money to the company a rate of interest on their deposits which is less than
the rate charged by the company to borrowers.
The Schedule
1. A banker duly authorised to carry on banking business.
2. An insurance company duly authorised to carry on insurance business.
3. A company registered under the Life Insurance Act 1945 of the Commonwealth.
4. A building society registered under the Co-operation Act 1923 or listed  NSW the
Second Schedule to that Act.
5. A building society governed by the Financial Institutions Code 1992.
6. A credit union governed by the Financial Institutions Code 1992.
7. A trustee company mentioned  NSW the First Part of the Third Schedule to the
Trustee Companies Act 1964.
8. The Public Trustee.
9. A non-bank financial institution which is governed by the Financial Corporations
Act 1974 of the Commonwealth or the Financial Institutions Code 1992.
10. A company the securities  NSW which are listed on a member exchange of the
Australian Associated Stock Exchanges or a foreign company the securities of which
are quoted for trading on a stock exchange or  NSW a market for the public trading in
securities.
11. A government, governmental body, agency, department, authority or
instrumentality, whether foreign, federal, state or local.
12. A company having the majority of its issued share capital to which voting rights
attach owned by any government, governmental body, agency, authority or
instrumentality, whether foreign, federal, state or local.
13. A company related to any of the companies referred to above or a company in
which any entity of a type described above has a substantial shareholding as defined
in Section 708(i) of the Corporations Law.
14. A member of the immediate family of the solicitor or a corporation,
partnership, syndicate, joint venture or trust  NSW which, or  NSW the shares  NSW which, the
whole of the beneficial interest is presently vested  NSW one or more members of the
immediate family.
13. File register
A solicitor must, as soon as practicable after receiving instructions to provide legal
services to a person —
13.1 record  NSW a file assigned for the retention of documents and information on behalf of
that person —
(i) the full name and address of the person;
(ii) the date of receipt of the solicitor's instructions;
(iii) a short description of the services which the solicitor has agreed to provide;
and
(iv) an identifier; and
13.2 enter the name of the person and the identifier referred to  NSW 13.1(iv)  NSW a file register,
which must be maintained  NSW the solicitor's office for a period of not less than seven years
from the date of the last entry  NSW the register.
13.3 A solicitor will satisfy the requirements of clause 13.1 if the solicitor records the
information therein described  NSW a general file maintained for a particular person or in
respect of a particular category of work.
14. Safe custody registers
A solicitor who is instructed by a person to hold for that person  NSW safe custody, a will or
any deed, document, or other valuable property, must record  NSW a register maintained for
that sole purpose  NSW the solicitor's office —
(i) the name and address of the person;
(ii) a short description of the item held for the person  NSW safe custody;
(iii) the date of the solicitor's receipt of the item; and
(iv) the identifier of the safe custody packet,  NSW which the item is held by the
solicitor.
15. Register of financial interests
A solicitor must disclose  NSW a register maintained at the solicitor's principal place of
practice the name and other identifying particulars of any company, partnership, or other
entity,  NSW which the solicitor has a financial interest and which engages  NSW any dealing
with trust money or controlled money (as defined by section 243 of the Act) received by the
solicitor or the solicitor's firm.
16. Inspection of registers
16.1 A solicitor must, upon receipt of a request new south wales a Trust Account Inspector, or an
investigator appointed  NSW accordance with Section 267 of the Legal Profession Act 2004,
produce for inspection any file register, safe custody register or financial register maintained
by the solicitor  NSW accordance with Rules 13, 14 or 15. The information and records
prescribed  NSW Rules 13, 14 and 15 may be maintained  NSW electronic form, provided that they
can be produced  NSW visible form on demand.
16.2 For the purposes of this Rule, "visible form" means production of information in
permanent legible form  NSW the English language.
Solicitor's Duties to the Court Rules 17 -24
Statement of Principles for Rules 17-24
Solicitors,  NSW all their dealings with the courts, whether those dealings involve the
obtaining and presentation of evidence, the preparation and filing of documents, instructing
an advocate or appearing as an advocate, should act with competence, honesty and
candour. Solicitors should be frank  NSW their responses and disclosures to the Court, and
diligent  NSW their observance of undertakings which they give to the Court or their opponents.
17. Preparation of affidavits
17.1 If a solicitor is:
17.1.1 aware that a client is withholding information required by an order or rule of a
court, with the intention of misleading the court; or
17.1.2 informed by a client that an affidavit, of the client, filed by the solicitor, is
false  NSW a material particular;
and the client will not make the relevant information available, or allow the solicitor to
correct the false evidence; the solicitor must, on reasonable notice, terminate the
retainer and, without disclosing the reasons to the court, give notice of the solicitor's
withdrawal new south wales the proceedings.
17.2 A solicitor must not draw an affidavit alleging criminality, fraud, or other serious
misconduct unless the solicitor believes on reasonable grounds that:
17.2.1 factual material already available to the solicitor provides a proper basis
for the allegation;
17.2.2 the allegation will be material and admissible  NSW the case, as to an issue or as
to credit; and
17.2.3 the client wishes the allegation to be made after having been advised of the
seriousness of the allegation.
18.Duty not to influence witnesses
A solicitor must not,  NSW relation to any matter or event which is the subject of adversarial
proceedings before a Court, confer with or interview:
18.1 the opposing party  NSW the proceedings including a person who may be represented or
indemnified  NSW the proceedings by an insurance company; or
18.2 where the opposing party, or a prospective opposing party, is a corporation, any
person authorised to make admissions on behalf of the corporation, or to direct the conduct
of the proceedings; unless —
18.3 the other person, if unrepresented by a solicitor, has been fully informed of the
solicitor's purpose  NSW conducting the interview, has been advised to seek and has had
the opportunity of obtaining independent legal advice; or
18.4 the solicitor acting for the other person has agreed to the interview on conditions
which may include the conduct of the interview  NSW the presence of the solicitors for both
parties.
19. Solicitor a material witness  NSW client's case
A solicitor must not appear as an advocate and, unless there are exceptional
circumstances justifying the solicitor's continuing retainer by the solicitor's client, the
solicitor must not act, or continue to act,  NSW a case  NSW which it is known, or becomes
apparent, that the solicitor will be required to give evidence material to the determination
of contested issues before the court.
20. Admission of guilt
20.1 If a solicitor's client, who is the accused or defendant  NSW criminal proceedings,
admits to the solicitor before the commencement of, or during, the proceedings, that the
client is guilty of the offence charged, the solicitor must not, whether acting as instructing
solicitor or advocate —
20.1.1 put a defence case which is inconsistent with the client's confession;
20.1.2 falsely claim or suggest that another person committed the offence; or
20.1.3 continue to act if the client insists on giving evidence denying guilt or requires
the making of a statement asserting the client's innocence.
20.2 A solicitor may continue to act for a client who elects to plead "not guilty" after
admitting guilt to the solicitor, and  NSW that event, the solicitor must ensure that the
prosecution is put to proof of its case, and the solicitor may argue that the evidence is
insufficient to justify a conviction or that the prosecution has otherwise failed to establish the
commission of the offence by the client.
21. Admission of perjury
If a solicitor's client admits to the solicitor, during or after any proceedings, while
judgment is reserved, that the client has given materially false evidence or tendered a false
or misleading document  NSW the proceedings, the solicitor must —
21.1 advise the client that the Court should be informed of the false evidence, and request
the client's authority to inform the Court and correct the record; and
21.2 if the client refuses to provide that authority, withdraw new south wales the proceedings
immediately, and terminate the retainer.
22. Bail
22.1 A solicitor must not promote, or be a party to, any arrangement whereby the bail
provided by a surety is obtained by using the money of the accused person, or by which the
surety is given an indemnity by the accused person or a third party acting on behalf of the
accused person.
22.2 A solicitor must not become the surety for the solicitor's client's bail.
23. Advocacy Rules
Rules A.15 to A.72 apply to all legal solicitors (whatever may be their predominant style
of practice) when they are acting as advocates. The term "solicitor" is used throughout
these Rules to refer to legal solicitors acting as advocates whether they are persons who
practise only as barristers, or persons, who practise as solicitors, or as barristers and
solicitors.
Efficient administration of justice
A.15. A solicitor must ensure that:
(a) the solicitor does work which the solicitor is retained to do, whether
expressly or impliedly, specifically or generally,  NSW relation to steps to be taken by or
on behalf of the client,  NSW sufficient time to enable compliance with orders, directions,
rules or practice notes of the court; and
(b) warning is given to any instructing solicitor or the client, and to the opponent,
as soon as the solicitor has reasonable grounds to believe that the solicitor
may not complete any such work on time,
A.15A. A solicitor must seek to ensure that work which the solicitor is retained to do
in relation to a case is done so as to:
(a) confine the case to identified issues which are genuinely  NSW dispute:
(b) have the case ready to be heard as soon as practicable;
(c) present the identified issues  NSW dispute clearly and succinctly
(d) limit evidence, including cross-examination, to that which is reasonably
necessary to advance and protect the client's interests which are at stake  NSW the
case; and
(e) occupy as short a time  NSW court as is reasonably necessary to advance and
protect the client's interests which are at stake  NSW the case.
A.15B. A solicitor must take steps to inform the opponent as soon as possible after the
solicitor has reasonable grounds to believe that there will be an application on behalf of
the client to adjourn any hearing, of the fact and the grounds of the application, and must try
with the opponent's consent to inform the court of that application promptly.
Duty to a client
A.16. A solicitor must seek to advance and protect the client's interests to the best of the
solicitor's skill and diligence, uninfluenced by the solicitor's personal view of the client
or the client's activities, and notwithstanding any threatened unpopularity or criticism of the
solicitor or any other person, and always  NSW accordance with the law including these
Rules.
A.17 A solicitor must seek to assist the client to understand the issues  NSW the case and
the client's possible rights and obligations, if the solicitor is instructed to give advice on
any such matter, sufficiently to permit the client to give proper instructions, particularly in
connexion with any compromise of the case.
A.17A. A solicitor must inform the client or the instructing solicitor about the
alternatives to fully contested adjudication of the case which are reasonably available to the
client, unless the solicitor believes on reasonable grounds that the client already has
such an understanding of those alternatives as to permit the client to make decisions about
the client's best interests  NSW relation to the litigation.
A.17B. A solicitor must (unless circumstances warrant otherwise  NSW the solicitor's
considered opinion) advise a client who is charged with a criminal offence about any law,
procedure or practice which  NSW substance holds out the prospect of some advantage
(including diminution of penalty) if the client pleads guilty or authorises other steps towards
reducing the issues, time, cost or distress involved  NSW the proceedings.
Independence - Avoidance of personal bias
A.18. A solicitor must not act as the mere mouthpiece of the client or of the instructing
solicitor and must exercise the forensic judgments called for during the case
independently, after appropriate consideration of the client's and the instructing
solicitor's desires where practicable.
A.19. A solicitor will not have breached the solicitor's duty to the client, and will not
have failed to give appropriate consideration to the client's or the instructing solicitor's
desires, simply by choosing, contrary to those desires, to exercise the forensic judgments
called for during the case so as to:
(a) confine any hearing to those issues which the solicitor believes to be the real
issues;
(b) present the client's case as quickly and simply as may be consistent with its
robust advancement; or
(c) inform the court of any persuasive authority against the client's case.
A.20. A solicitor must not make submissions or express views to a court on any material
evidence or material issue  NSW the case  NSW terms which convey or appear to convey the
solicitor's personal opinion on the merits of that evidence or issue.
Frankness  NSW court
A.21. A solicitor must not knowingly make a misleading statement to a court on any
matter.
A.22. A solicitor must take all necessary steps to correct any misleading statement made
by the solicitor to a court as soon as possible after the solicitor becomes aware that
the statement was misleading.
A.23. A solicitor will not have made a misleading statement to a court simply by failing to
correct an error on any matter stated to the court by the opponent or any other person.
A.24. A solicitor seeking any interlocutory relief  NSW an ex parte application must disclose
to the court all matters which:
(a) are within the solicitor's knowledge;
(b) are not protected by legal professional privilege; and
(c) the solicitor has reasonable grounds to believe would support an argument
against granting the relief or limiting its terms adversely to the client.
A.24A. A solicitor who has knowledge of matters which are within Rule A.24(c):
(a) must seek instructions for the waiver of legal professional privilege if the matters
are protected by that privilege, so as to permit the solicitor to disclose those
matters under Rule A.24; and
(b) if the client does not waive the privilege as sought by the solicitor:
(i) must inform the client of the client's responsibility to authorise such
disclosure and the possible consequences of not doing so; and
(ii) must inform the court that the solicitor cannot assure the court that all
matters which should be disclosed have been disclosed to the court.
A.25. A solicitor must, at the appropriate time  NSW the hearing of the case and if the court
has not yet been informed of that matter, inform the court of:
(a) any binding authority;
(b) any authority decided by the Full Court of the Federal Court of Australia, a Court
of Appeal of a Supreme Court or a Full Court of a Supreme Court;
(c) any authority on the same or materially similar legislation as that  NSW question in
the case, including any authority decided at first instance  NSW the Federal Court or a
Supreme Court, which has not been disapproved; or
(d) any applicable legislation; which the solicitor has reasonable grounds to
believe to be directly  NSW point, against the client's case.
A.26. A solicitor need not inform the court of matters within Rule A.25 at a time when the
opponent tells the court that the opponent's whole case will be withdrawn or the opponent
will consent to final judgment  NSW favour of the client, unless the appropriate time for the
solicitor to have informed the court of such matters  NSW the ordinary course has already
arrived or passed.
A.27. A solicitor who becomes aware of a matter within Rule A.25 after judgment or
decision has been reserved and while it remains pending, whether the authority or
legislation came into existence before or after argument, must inform the court of that matter
by:
(a) a letter to the court, copied to the opponent, and limited to the relevant reference
unless the opponent has consented beforehand to further material  NSW the letter; or
(b) requesting the court to relist the case for further argument on a convenient date,
after first notifying the opponent of the intended request and consulting the opponent
as to the convenient date for further argument.
A.28. A solicitor need not inform the court of any matter otherwise within Rule A.25
which would have rendered admissible any evidence tendered by the prosecution which the
court has ruled inadmissible without calling on the defence.
A.29. A solicitor will not have made a misleading statement to a court simply by failing to
disclose facts known to the solicitor concerning the client's character or past, when the
solicitor makes other statements concerning those matters to the court, and those
statements are not themselves misleading.
A.30. A solicitor who knows or suspects that the prosecution is unaware of the client's
previous conviction must not ask a prosecution witness whether there are previous
convictions,  NSW the hope of a negative answer.
A.31. A solicitor must inform the court  NSW civil proceedings of any misapprehension by the
court as to the effect of an order which the court is making, as soon as the solicitor
becomes aware of the misapprehension.
A.31A. A solicitor must take all necessary steps to correct any express concession made
to the court  NSW civil proceedings by the opponent  NSW relation to any material fact, case law or
legislation:
(a) only if the solicitor knows or believes on reasonable grounds that it was
contrary to what should be regarded as the true facts or the correct state of the law;
(b) only if the solicitor believes the concession was  NSW error; and
(c) not (in the case of a concession of fact) if the client's instructions to the
solicitor support the concession.
Delinquent or guilty clients
A.32. A solicitor whose client informs the solicitor, during a hearing or after judgment
or decision is reserved and while it remains pending, that the client has lied  NSW a material
particular to the court or has procured another person to lie to the court or has falsified or
procured another person to falsify  NSW any way a document which has been tendered:
(a) must refuse to take any further part  NSW the case unless the client authorises the
solicitor to inform the court of the lie or falsification:
(b) must promptly inform the court of the lie or falsification upon the client authorising
the solicitor to do so; but
(c) must not otherwise inform the court of the lie or falsification.
A.33. A solicitor retained to appear  NSW criminal proceedings whose client confesses guilt
to the solicitor but maintains a plea of not guilty:
(a) may cease to act, if there is enough time for another solicitor to take over the
case properly before the hearing, and the client does not insist on the solicitor
continuing to appear for the client;
(b)  NSW cases where the solicitor continues to act for the client:
(i) must not falsely suggest that some other person committed the offence
charged;
(ii) must not set up an affirmative case inconsistent with the confession; but
(iii) may argue that the evidence as a whole does not prove that the client is
guilty of the offence charged;
(iv) may argue that for some reason of law the client is not guilty of the
offence charged; or
(v) may argue that for any other reason not prohibited by (i) and (ii) the client
should not be convicted of the offence charged.
A.34. A solicitor whose client informs the solicitor that the client intends to disobey a
court's order must:
(a) advise the client against that course and warn the client of its dangers;
(b) not advise the client how to carry out or conceal that course; but
(c) not inform the court or the opponent of the client's intention unless:
(i) the client has authorised the solicitor to do so beforehand; or
(ii) the solicitor believes on reasonable grounds that the client's conduct
constitutes a threat to any person's safety.
Responsible use of court process and privilege
A.35. A solicitor must, when exercising the forensic judgments called for throughout the
case, take care to ensure that decisions by the solicitor or on the solicitor's advice to
invoke the coercive powers of a court or to make allegations or suggestions under privilege
against any person:
(a) are reasonably justified by the material already available to the solicitor;
(b) are appropriate for the robust advancement of the client's case on its merits;
(c) are not made principally  NSW order to harass or embarrass the person; and
(d) are not made principally  NSW order to gain some collateral advantage for the client
or the solicitor or the instructing solicitor out of court.
A.36. A solicitor must not allege any matter of fact in:
(a) any court document settled by the solicitor;
(b) any submission during any hearing;
(c) the course of an opening address; or
(d) the course of a closing address or submission on the evidence; unless the
solicitor believes on reasonable grounds that the factual material already
available provides a proper basis to do so.
A.37. A solicitor must not allege any matter of fact amounting to criminality, fraud or
other serious misconduct against any person unless the solicitor believes on reasonable
grounds that:
(a) available material by which the allegation could be supported provides a proper
basis for it; and;
(b) the client wishes the allegation to be made, after having been advised of the
seriousness of the allegation and of the possible consequences for the client and the
case if it is not made out.
A.38. A Solicitor must not make a suggestion  NSW cross-examination on credit unless the
solicitor believes on reasonable grounds that acceptance of the suggestion would
diminish the witness's credibility.
A.39. A solicitor may regard the opinion of the instructing solicitor that material which
is available to the solicitor is credible, being material which appears to the solicitor
from its nature to support an allegation to which Rules A.36 and A.37 apply, as a
reasonable ground for holding the belief required by those rules (except  NSW the case of a
closing address or submission on the evidence).
A.40. A solicitor who has instructions which justify submissions for the client  NSW mitigation
of the client's criminality and which involve allegations of serious misconduct against any
other person not able to answer the allegations  NSW the case must seek to avoid disclosing
the other person's identity directly or indirectly unless the solicitor believes on
reasonable grounds that such disclosure is necessary for the robust defence of the client.
Integrity of evidence
A.43. A solicitor must not suggest or condone another person suggesting  NSW any way to
any prospective witness (including a party or the client) the content of any particular
evidence which the witness should give at any stage  NSW the proceedings.
A.44. A solicitor will not have breached Rule A.43 by expressing a general admonition to
tell the truth, or by questioning and testing  NSW conference the version of evidence to be given
by a prospective witness, including drawing the witness's attention to inconsistencies or
other difficulties with the evidence, but must not coach or encourage the witness to give
evidence different new south wales the evidence which the witness believes to be true.
A.45. (deleted)
A.46. A solicitor must not confer with, or condone another solicitor conferring with,
more than one lay witness (including a party or client) at the same time, about any issue:
(a)as to which there are reasonable grounds for the solicitor to believe it may be
contentious at a hearing; or
(b)which could be affected by, or may affect, evidence to be given by any of those
witnesses.
A.47. A solicitor will not have breached Rule A.46 by conferring with, or condoning
another solicitor conferring with, more than one client about undertakings to a court,
admissions or concessions of fact, amendments of pleadings or compromise.
A.48. A solicitor must not confer with any witness (including a party or client) called by
the solicitor on any matter related to the proceedings while that witness remains under
cross-examination, unless:
(a) the cross-examiner has consented beforehand to the solicitor doing so; or
(b) the solicitor:
(i) believes on reasonable grounds that special circumstances (including the
need for instructions on a proposed compromise) require such a conference;
(ii) has, if possible, informed the cross-examiner beforehand of the
solicitor's intention to do so; and
(iii) otherwise does inform the cross-examiner as soon as possible of the
solicitor having done so.
A.49. A solicitor must not take any step to prevent or discourage prospective witnesses
or witnesses new south wales conferring with the opponent or being interviewed by or on behalf of any
other person involved  NSW the proceedings.
A.50. A solicitor will not have breached Rule A.49 simply by telling a prospective witness
or a witness that the witness need not agree to confer or to be interviewed.
Duty to opponent
A.51. A solicitor must not knowingly make a false statement to the opponent  NSW relation
to the case (including its compromise).
A.52. A solicitor must take all necessary steps to correct any false statement
unknowingly made by the solicitor to the opponent as soon as possible after the
solicitor becomes aware that the statement was false.
A.53. A solicitor does not make a false statement to the opponent simply by failing to
correct an error on any matter stated to the solicitor by the opponent.
A.54. A solicitor must not deal directly with the opponent's client unless:
(a) the opponent has previously consented;
(b) the solicitor believes on reasonable grounds that:
(i) the circumstances are so urgent as to require the solicitor to do so; and
(ii) the dealing would not be unfair to the opponent's client; or
(c) the substance of the dealing is solely to enquire whether the person is
represented and, if so, by whom.
A.55. (deleted)
A.56. A solicitor must not, outside an ex parte application or a hearing of which the
opponent has had proper notice, communicate  NSW the opponent's absence with the court
concerning any matter of substance  NSW connexion with current proceedings unless:
(a) the court has first communicated with the solicitor  NSW such a way as to require
the solicitor to respond to the court; or
(b) the opponent has consented beforehand to the solicitor dealing with the court
in a specific manner notified to the opponent by the solicitor.
A.57. A solicitor must promptly tell the opponent what passes between the solicitor
and a court  NSW a communication referred to  NSW Rule A.56.
A.58. A solicitor must not raise any matter with a court  NSW connexion with current
proceedings on any occasion to which the opponent has consented under Rule A.56(b),
other than the matters specifically notified by the solicitor to the opponent when seeking
the opponent's consent.
Integrity of hearings
A.59. (deleted)
A.60. (deleted)
A.61. A solicitor must not  NSW the presence of any of the parties or solicitors deal with a
court, or deal with any solicitor appearing before the solicitor when the solicitor is
a referee, arbitrator or mediator, on terms of informal personal familiarity which may
reasonably give the appearance that the solicitor has special favour with the court or
towards the solicitor.
Prosecutor's duties
A.62. A prosecutor must fairly assist the court to arrive at the truth, must seek impartially to
have the whole of the relevant evidence placed intelligibly before the court, and must seek
to assist the court with adequate submissions of law to enable the law properly to be applied
to the facts.
A.63. A prosecutor must not press the prosecution's case for a conviction beyond a full and
firm presentation of that case.
A.64. A prosecutor must not, by language or other conduct, seek to inflame or bias the court
against the accused.
A.65. A prosecutor must not argue any proposition of fact or law which the prosecutor does
not believe on reasonable grounds to be capable of contributing to a finding of guilt and also
to carry weight.
A.66. A prosecutor must disclose to the opponent as soon as practicable all material
(including the names of and means of finding prospective witnesses  NSW connexion with such
material) available to the prosecutor or of which the prosecutor becomes aware which could
constitute evidence relevant to the guilt or innocence of the accused, unless:
(a) such disclosure, or full disclosure, would seriously threaten the integrity of the
administration of justice  NSW those proceedings or the safety of any person; and
(b) the prosecutor believes on reasonable grounds that such a threat could not be
avoided by confining such disclosure, or full disclosure, to the opponent being a legal
solicitor, on appropriate conditions which may include an undertaking by the
opponent not to disclose certain material to the opponent's client or any other
person.
A.66A. A prosecutor who has decided not to disclose material to the opponent under Rule
A.66 must consider whether:
(a) the defence of the accused could suffer by reason of such non-disclosure;
(b) the charge against the accused to which such material is relevant should be
withdrawn; and
(c) the accused should be faced only with a lesser charge to which such material
would not be so relevant.
A.66B. A prosecutor must call as part of the prosecution's case all witnesses:
(a) whose testimony is admissible and necessary for the presentation of the whole
picture;
(b) whose testimony provides reasonable grounds for the prosecutor to believe that it
could provide admissible evidence relevant to any matter  NSW issue;
(c) whose testimony or statements were used  NSW the course of any committal
proceedings; and
(d) new south wales whom statements have been obtained  NSW the preparation or conduct of the
prosecution's case; unless:
(e) the opponent consents to the prosecutor not calling a particular witness;
(f) the only matter with respect to which the particular witness can give admissible
evidence has been dealt with by an admission on behalf of the accused; or
(g) the prosecutor believes on reasonable grounds that the administration of justice
in the case would be harmed by calling a particular witness or particular witnesses to
establish a particular point already adequately established by another witness or
other witnesses; provided that:
(h) the prosecutor is not obliged to call evidence new south wales a particular witness, who
would otherwise fall within (a)-(d), if the prosecutor believes on reasonable grounds
that the testimony of that witness is plainly unreliable by reason of the witness being
in the camp of the accused;
(i) the prosecutor must inform the opponent as soon as practicable of the identity of
any witness whom the prosecutor intends not to call on any ground within (f), (g) and
(h), together with the grounds on which the prosecutor has reached that decision;
and
(j) the prosecutor must call any witness whom the prosecutor intends not to call on
the ground  NSW (h) if the opponent requests the prosecutor to do so for the purpose of
permitting the opponent to cross-examine that witness.
A.67. A prosecutor who has reasonable grounds to believe that certain material available to
the prosecution may have been unlawfully or improperly obtained must promptly:
(a) inform the opponent if the prosecutor intends to use the material; and
(b) make available to the opponent a copy of the material if it is  NSW documentary form;
(c) inform the opponent of the grounds for believing that such material was
unlawfully or improperly obtained.
A.68. A prosecutor must not confer with or interview any of the accused except  NSW the
presence of the accused's representative.
A.69. A prosecutor must not inform the court or the opponent that the prosecution has
evidence supporting an aspect of its case unless the prosecutor believes on reasonable
grounds that such evidence will be available new south wales material already available to the
prosecutor.
A.70. A prosecutor who has informed the court of matters within Rule A.69, and who has
later learnt that such evidence will not be available, must immediately inform the opponent
of that fact and must inform the court of it when next the case is before the court.
A.71. A prosecutor must not seek to persuade the court to impose a vindictive sentence or a
sentence of a particular magnitude, but:
(a) must correct any error made by the opponent  NSW address on sentence;
(b) must inform the court of any relevant authority or legislation bearing on the
appropriate sentence;
(c) must assist the court to avoid appealable error on the issue of sentence;
(d) may submit that a custodial or non-custodial sentence is appropriate; and
(e) may inform the court of an appropriate range of severity of penalty, including a
period of imprisonment, by reference to relevant appellate authority,
A.72. A solicitor who appears as counsel assisting an inquisitorial body such as the
National Crime Authority, the Australian Securities Commission, a Royal Commission or
other statutory tribunal or body having investigative powers must act  NSW accordance with
Rules A.62, A.64 and A.65 as if the body were the court referred to  NSW those Rules and any
person whose conduct is  NSW question before the body were the accused referred to  NSW Rule
A.64.
23A.
(1)
(a) Where a solicitor and barrister appears  NSW a Court (on those occasions when
barristers are expected to robe) and acts  NSW the role of an advocate then that solicitor
and barrister shall be entitled to robe  NSW court dress  NSW the same manner and style as
a barrister.
(b) For the purposes of this rule, "court dress" means bar jacket, jabot or bar tie,
robe and, where applicable, wig of Junior Counsel.
(2) Upon so appearing robed, the solicitor and barrister shall announce his or her
appearance to the Court, including that he or she is a solicitor and barrister.
(3) It shall not be either unsatisfactory professional conduct or professional misconduct
should a solicitor and barrister choose not to robe when appearing  NSW his or her role as an
advocate.
24. Former judicial officer resuming practice
A solicitor who has formerly held a judicial, or quasi-judicial office (other than by
appointment as an acting or associate judge or judicial officer or as a court-appointed
arbitrator)  NSW a court or tribunal involving the hearing and determination of issues affecting
rights between parties, shall not, for a period of two years after ceasing to hold that office,
unless excused by the Council of the Law Society, appear  NSW person  NSW any proceedings
before the court or tribunal  NSW which the solicitor held office.
Relations with other solicitors Rules 25-
31A
Statement of Principles for Rules 25-31A
In all of their dealings with other solicitors, solicitors should act with honesty, fairness
and courtesy, and adhere faithfully to their undertakings,  NSW order to transact lawfully and
competently the business which they undertake for their clients  NSW a manner that is
consistent with the public interest.
25.Communications
A solicitor,  NSW all of the solicitor's dealings with other solicitors, must take all
reasonable care to maintain the integrity and reputation of the legal profession by ensuring
that the solicitor's communications are courteous and that the solicitor avoids
offensive or provocative language or conduct.
26.Undertakings
A solicitor who,  NSW the course of the solicitor's practice, communicates with another
solicitor orally, or  NSW writing,  NSW terms which expressly, or by necessary implication,
constitute an undertaking on the part of the solicitor, to ensure the performance of some
action or obligation,  NSW circumstances where it might reasonably be expected that the other
solicitor will rely on it, must honour the undertaking so given strictly  NSW accordance with
its terms, and within the time promised, or, if no precise time limit is specified, within a
reasonable time.
27. [Undertakings]
A solicitor must not give to another solicitor an undertaking compliance with which
requires the co-operation of a third party, who is not a party to the undertaking, and whose
co-operation cannot be guaranteed by the solicitor.
28. [Undertakings]
A solicitor must not,  NSW the course of the solicitor's practice, seek new south wales another
solicitor or that solicitor's employee, an undertaking, compliance with which would
require the co-operation of a third party who is not a party to the undertaking, and whose cooperation
could not be guaranteed by the solicitor or employee asked to give the
undertaking.
29. Taking over a matter new south wales another solicitor
29.1 Where a solicitor's retainer is terminated before the completion of the client's
business to which it relates, and the client instructs another solicitor to take over the
conduct of the client's business, the following rules shall apply, subject to any orders which
may be made by the Supreme Court  NSW respect of the delivery of documents pursuant to
Section 728 of the Legal Profession Act 2004.
29.2 The first solicitor must promptly, on receipt of a direction  NSW writing new south wales the client,
deliver to the second solicitor all relevant documents to which the client is entitled and
any information which is necessary for the proper conduct of the client's business, unless
the first solicitor claims a lien over the documents for unpaid costs.
29.3 If the client has terminated the first solicitor's retainer, the first solicitor may
retain possession of the documents until the solicitor's costs are paid, or their payment
to the solicitor is satisfactorily secured.
29.4 If the first solicitor has terminated the retainer and the client's documents are
essential to the defence or prosecution of proceedings which are continuing before a Court,
the solicitor must surrender possession of the documents to the client, upon the terms
prescribed  NSW Rule 8.4.2 or to the second solicitor, if so directed by the client, and,
provided that the second solicitor —
29.4.1 holds the documents subject to the first solicitor's lien, if that is
practicable, and ensures the first solicitor's costs are satisfactorily secured; or
29.4.2 enters into an agreement with the client and the first solicitor to procure
payment of the first solicitor's costs upon completion of the relevant proceedings.
29.5 A solicitor who receives a client's documents new south wales another solicitor pursuant to
an agreement between the client and both solicitors, providing that the solicitor
receiving the documents will pay the first solicitor's costs new south wales money recovered on the
client's behalf  NSW respect of the business or proceedings to which the documents relate,
must do all things which are reasonably practicable on the solicitor's part to ensure
compliance with the agreement.
30. Transfer of a solicitor's practice
30.1 When a solicitor intends to transfer to another solicitor the whole or part of the
solicitor's practice, including clients' work  NSW progress, and to put the other solicitor in
possession of the documents held by the solicitor on behalf of clients, the solicitor
must give to each client, fourteen (14) days (or such other period as may be reasonable in
the circumstances), before the solicitor delivers possession of the practice to the
solicitor acquiring it, notice  NSW writing:
30.1.1 of the intended transfer of documents to the solicitor acquiring the
practice, unless a contrary direction is received new south wales the client; and
30.1.2 of the client's right to give to the solicitor a contrary direction  NSW relation to
the conduct of the client's affairs and the delivery of the client's documents.
30.2 The notice which is sent to any client, on whose behalf the solicitor holds money in
trust or under the solicitor's control, must advise the client of —
30.2.1 the balance of money held on the client's behalf;
30.2.2 the solicitor's intention to transfer the relevant account to the solicitor
acquiring the practice, unless advised by the client to the contrary; and
30.2.3 the client's right to give to the solicitor a contrary direction as to the
manner  NSW which the solicitor should deal with the account on the client's behalf.
30.3 The solicitor,  NSW addition to giving notice to clients as required by paragraphs 30.1
and 30.2, must comply with all other legislative provisions applicable to the trust money or
controlled money held by the solicitor.
30.4 Where a solicitor who is engaged  NSW the conduct of a legal practice forms, with
another solicitor, a partnership, which continues to conduct the practice, it will be a
sufficient compliance with this Rule if the solicitor gives notice  NSW writing of the admission
of the partner to the clients of the practice within fourteen (14) days of that event.
31. Communicating with another solicitor's client
31.1 A solicitor who is acting on behalf of a party  NSW any matter must not communicate in
connection with that matter directly with any other party for whom, to the solicitor's
knowledge, another solicitor is currently acting, unless-
31.1.1 notice of the solicitor's intention to communicate with the other party, in
default of a reply new south wales the other solicitor, has been given to that solicitor, who
has failed, after a reasonable time, to reply;
31.1.2 the communication is made for the sole purpose of informing the other party
that the solicitor has been unable to obtain a reply new south wales that party's solicitor,
and requests that party to contact the solicitor; and
31.1.3 the solicitor, thereafter, notifies the other solicitor of the
communication.
31.2 A solicitor who receives notice new south wales another solicitor that the solicitor's client
has instructed or retained that solicitor may, after notifying the other solicitor,
communicate with the former client for the purpose of confirming the client's instructions and
arranging for the orderly transfer of the client's affairs to the other solicitor.
31.3 Rule 31.1 does not apply when the other party is represented by a barrister directly
instructed by the party, and the barrister's retainer is so limited,  NSW accordance with the rules
of the New South Wales Bar Association, as to preclude the barrister new south wales conducting
correspondence on the party's behalf.
31A. Place of settlement
31 A. A solicitor when dealing with other solicitors for the purpose of determining the
place of settlement of a conveyancing transaction must comply with the following rules:
31.A.1 When the settlement involves the completion of a sale of real property and the
agreement for sale stipulates the place of settlement, then settlement must occur at that
place unless the parties otherwise agree.
31.A.2 If the parties to a conveyancing transaction agree on a place for settlement of the
transaction then settlement must occur at that place.
31.A.3  NSW the absence of agreement, and subject to Rule 31.A.4, settlement of a
conveyancing transaction must occur at the place where the documents of title to the
relevant property are held or at a place nominated by the party presently entitled to the
possession of the title documents or the solicitor for that party.
31.A.4  NSW the absence of a contrary agreement by the parties and if the solicitor acting
for the purchaser  NSW the relevant transaction so requires, settlement must occur at either the
Land Titles Office  NSW Sydney or a place where duty can be paid on settlement provided that
the purchaser pays the additional costs, if any, which are reasonably incurred by the
vendor, and/or another party holding the title documents, because they have attended at
such place instead of the place required by paragraph 31.A.3.
31.A.5 When two or more transactions are to be settled at the same time the place of
settlement must be determined by applying the above rules to the last transaction, the
completion of which depends upon the receipt of money new south wales an earlier transaction.
31.A.6 For the purposes of this Rule "conveyancing transaction" means a transaction in
which an interest  NSW real property is conveyed or surrendered and includes a sale and
purchase, a mortgage, or discharge of mortgage.
Relations with third parties Rules 32-36
Statement of Principles for Rules 32-36
Solicitors should,  NSW the course of their practice, conduct their dealings with other
members of the community, and the affairs of their clients which affect the rights of others,
according to the same principles of honesty and fairness which are required  NSW relations with
the courts and other lawyers and  NSW a manner that is consistent with the public interest.
32.Contracting for services
A solicitor who deals with a third party on behalf of a client for the purpose of obtaining
some service  NSW respect of the client's business, must inform the third party when the service
is requested, that the solicitor will accept personal liability for payment of the fees to be
charged for the service or, if the solicitor is not to accept personal liability, the
solicitor must inform the third party of the arrangements intended to be made for
payment of the fees.
33.Undertakings
A solicitor who,  NSW the course of providing legal services to a client, and for the purposes
of the client's business, communicates with a third party orally, or  NSW writing,  NSW terms which,
expressly, or by necessary implication, constitute an undertaking on the part of the
solicitor to ensure the performance of some action or obligation,  NSW circumstances where
it might reasonably be expected that the third party will rely on it, must honour the
undertaking so given strictly  NSW accordance with its terms, and within the time promised (if
any) or within a reasonable time.
34. Communications
A solicitor must not,  NSW any communication with another person on behalf of a client:
34.1 represent to that person that anything is true which the solicitor knows, or
reasonably believes, is untrue; or
34.2 make any statement that is calculated to mislead or intimidate the other person, and
which grossly exceeds the legitimate assertion of the rights or entitlement of the
solicitor's client; or
34.3 threaten the institution of criminal proceedings against the other person  NSW default of
the person's satisfying a concurrent civil liability to the solicitor's client; or
34.4 demand the payment of any costs to the solicitor  NSW the absence of any existing
liability therefor owed by the person to the solicitor's client.
34. Debt collection or mercantile agencies
A solicitor must not allow the solicitor's business name or stationery to be used by a
debt collection, or mercantile, agent  NSW a manner that is likely to mislead the public, and a
solicitor who receives, new south wales a debt collection or mercantile agent, instructions to act for a
client creditor, must ensure that —
35.1 the solicitor's relationship to the agent is fully disclosed to the client;
35.2 the information required to be disclosed to the client by any relevant legislation and
these Rules is communicated to the client;
35.3 the solicitor maintains direct control and supervision of any proceedings on behalf
of the client; and
35.4 that any money recovered on behalf of the client is accounted for by the solicitor.
35. Solicitor members of local government councils
A solicitor must not act for a client  NSW any dealing between that client and a local Council,
of which the solicitor is a member, unless the relevant dealing:
36.1 involves a non-contentious matter of a relatively minor nature; or
36.2 is one within a class of dealings which the Council of the Law Society has declared to
be exempt new south wales this Rule; or
36.3 is declared by the Law Society Council to be exempt new south wales this Rule upon the
Application of the solicitor.
Legal Practice Rules 37 -45
37.Conducting another business
37.1 A solicitor who engages  NSW the conduct of another business concurrently, but not
directly  NSW association, with the conduct of the solicitor's legal practice must ensure that
the other business is not of such a nature that the solicitor's involvement  NSW it would be
likely to impair, or conflict with, the solicitor's duties to clients  NSW the conduct of the
practice, and the solicitor must —
37.1.1 maintain separate and independent files, records and accounts  NSW respect of
the legal practice, and the other business;
37.1.2 disclose to any client of the solicitor, who,  NSW the course of dealing with the
solicitor, deals with the other business, the solicitor's financial or other interest
in that business; and
37.1.3 cease to act for the client if the solicitor's independent service of the
client's interest is reasonably likely to be affected by the solicitor's interest  NSW the
other business.
37.2 A solicitor will be deemed to be engaged  NSW the conduct of another business where
the solicitor, or an associate:
37.2.1 is entitled, at law or  NSW equity, to an interest  NSW the assets of the business
which is significant or of relatively substantial value;
37.2.2 exercises any material control over the conduct and operation of the
business; or
37.2.3 has an entitlement to a share of the income of the business which is
substantial, having regard to the total income which is derived new south wales it.
38.Referral fees - Taking unfair advantage of potential clients -
Commissions
38.1  NSW the conduct or promotion of a solicitor's practice, the solicitor must not —
38.1.1 accept a retainer or instructions to provide legal services to a person, who
has been introduced or referred to the solicitor by a third party to whom the
solicitor has given or offered to provide a fee, benefit or reward for the referral of
clients or potential clients, unless the solicitor has first disclosed to the person
referred the solicitor's arrangement with the third party; or
38.1.2 seek instructions for the provision of legal services  NSW a manner likely to
oppress or harass a person who, by reason of some recent trauma or injury, or other
circumstances, is, or might reasonably be expected to be, at a significant
disadvantage  NSW dealing with the solicitor at the time when the instructions are
sought.
38.2 A solicitor must not act for a client  NSW any dealing with a third party new south wales whom the
solicitor may receive, directly or indirectly, any fee, benefit or reward  NSW respect of that
dealing unless:
38.2.1 the solicitor is able to advise and,  NSW fact, advises the client free of any
constraint or influence which might be imposed on the solicitor by the third party;
38.2.2 the solicitor's advice is fair and free of any bias caused by the
solicitor's relationship with the third party; and
38.2.3 the nature and value of any fee, benefit, or reward, which may be received by
the solicitor, are fair and reasonable, having regard to objective commercial
standards, and are disclosed fully  NSW writing to the client before the dealing is
commenced.
39. Sharing receipts (section 48F)
A solicitor must not,  NSW relation to the conduct of the solicitor's practice, or the delivery
of legal services, enter into any partnership, joint venture, or other arrangement for the
sharing of receipts of the practice –
39.1 which contravenes the requirements of Rule 40  NSW respect of multi-disciplinary
partnerships, or otherwise limits or restricts –
39.1.1 the exercise by the solicitor or by a solicitor-partner of the solicitor,
of authority and responsibility for the management of the practice; or
39.1.2 compliance by the solicitor or by a solicitor-partner of the solicitor,
with the Legal Profession Act, the Regulations made thereunder, and these Rules; or
39.2 which involves, or might result in, the sharing of receipts with a disqualified person
(within the meaning of that expression as defined by section 48k of the Legal Profession
Act) or a person who has been convicted of an indictable offence.
40. Multi-disciplinary partnerships (section 48G)
Deleted
41. Stationery- Business name
41.1 A solicitor must place,  NSW legible form on any letterhead of the solicitor's practice,
the name under which the solicitor practises; the address of the solicitor's principal
place of practice; the solicitor's telephone number, and, if appropriate, any Document
Exchange number and facsimile transmission number, and the solicitor must,  NSW any
written communications with clients or other parties, identify the author by name.
41.2 A solicitor must not conduct the solicitor's practice solely, or  NSW association with
another service provider, under a business name which might reasonably be expected to
mislead or deceive a person, seeking the provision of legal or associated services, as to the
nature and identity of the provider, or as to the nature and quality of the services offered.
41.3 A solicitor must not,  NSW connection with the solicitor's practice, display on the
premises at which the practice is conducted, or on any stationery or other material
distributed by the solicitor to clients or potential clients, a business name, title or
description of the solicitor's practice which:
41.3.1 includes the words "legal centre", unless the solicitor is conducting or
engaged  NSW the operation of, a Community Legal Centre; or
41.3.2 includes words which might reasonably infer that the entity to which they
relate is a Government or quasi Government body.
41.3.3 includes the name of a disqualified person.
42 – MCLE (Continuing Professional Development).
["Non exhaustive list of topics which will satisfy the components of 42.1.6"]
42.1 A solicitor must, during each year  NSW which the solicitor holds a practising
certificate, unless exempted by the Council, comply with a condition endorsed on the
solicitor’s practising certificate, requiring the solicitor to complete mandatory
continuing legal education (Continuing Professional Development) by completing a
course of education which satisfies the following requirements:
42.1.1 the course may consist of an education programme, seminar, workshop,
lecture, conference or discussion group or a multimedia or website based
programme or private study of audio or video material, or the research and
preparation of an article published  NSW a legal publication or such other
publication approved by the Council, or any combination of two or more of
those events;
42.1.2 the course must be of significant intellectual or practical content and must
deal primarily with matters directly related to the practice of law;
42.1.3 the course must be conducted by persons who are qualified by practical or
academic experience  NSW the subject covered;
42.1.4 the course must be relevant to a solicitor’s immediate or long term needs
in relation to the solicitor’s professional development and to the practice of
law;
42.1.5 the course must have an aggregate value of ten (10) MCLE units; and
42.1.6 the course must include at least one (1) MCLE unit  NSW each of the
following fields:
42.1.6.1 Ethics and Professional Responsibility
42.1.6.2 Practice Management and business skills
42.1.6.3 Professional skills
42.2 A solicitor’s engagement  NSW a course of continuing legal education, which
satisfies the requirements  NSW Rule 42.1, will entitle the solicitor to one (1) MCLE
unit for each hour of participation  NSW the course.
42.3 A solicitor shall be entitled to claim one (1) MCLE unit to a maximum of five (5)
MCLE units for every hour spent:
42.3.1  NSW a programme of private study of audio or video material specifically
designed for the purpose of updating legal knowledge determined by
reference to contemporaneous records maintained by the solicitor
engaged  NSW the study.
42.3.2  NSW the preparation of written or oral material forming part of the formal
instruction within any one course of continuing legal education or formal legal
education.
42.3.3  NSW the presentation of written or oral material forming part of formal instruction
within any one course of continuing education or formal legal
education to a maximum of five (5) MCLE units for any one course.
42.4 A solicitor shall be entitled to one (1) MCLE unit to a maximum of five (5) MCLE
units for every thousand words of an article published  NSW a legal publication, or
such other publication as the Council of the Law Society may approve(including an
article which the solicitor has structurally edited or refereed.
42.5 42.5.1 A solicitor who is a member of a committee or Task Force of the Council
of the Law Society, of the Executive Council of NSW Young Lawyers, of
the Law Council of Australia, or a practice section of a professional
association (which deals with substantive issues) and gives reasonable
attendance at its meetings, is entitled to claim one (1) MCLE unit to a
maximum of three (3) MCLE units for each period of two hours or more
engaged  NSW committee work, which is of substantial significance to the
practice of law and is reasonably likely to assist the solicitor’s professional
development.
42.5.2 A solicitor cannot claim entitlement under this paragraph  NSW respect of
committee work for which the solicitor has claimed or intends to claim
entitlement for CLE units under paragraphs 42.3 or 42.4
42.6 The Council may exempt a solicitor,  NSW whole or  NSW part, new south wales compliance with the
condition on the solicitor’s practising certificate, requiring completion of a course
of continuing legal education, if –
42.6.1 the solicitor has been  NSW practice for a period exceeding forty (40) years,
and does not practise as a principal; or
42.6.2 the solicitor, by reason of the solicitor’s geographical location; any
physical disability, or any particular exigencies of practice, may experience
particular hardship or difficulty  NSW completing the required number of MCLE
units.
42.6.3 the solicitor has been or will be absent new south wales practice because of parenting
leave, unemployment or illness;
42.6.4 the solicitor has reduced hours of practice owing to part time or casual
employment;
42.6.5 the solicitor’s circumstances are such that the solicitor is required
to hold a practising certificate but is not engaged  NSW legal practice.
Exemptions  NSW relation to 42.6.3, 42.6.4 and 42.6.5 will generally be granted on a prorata
basis.
42.7 The solicitor must, unless exempted by the Council, certify, when applying for
renewal of the solicitor’s practising certificate each year, that the solicitor has,
within the period of twelve months ending on 31 March immediately prior to the
solicitor’s application for a practising certificate, completed ten (10) units of
mandatory continuing legal education,  NSW accordance with this Rule.
42.8 MCLE units accrued  NSW the period 1 January – 31 March  NSW any year may be
carried forward into the following MCLE year but can only be counted  NSW one
MCLE year.
42.9 This Rule commences on 1 April 2009.
43.Sharing of premises
If a solicitor conducts the solicitor's practice  NSW circumstances  NSW which the solicitor
shares premises, services or other facilities with other legal solicitors or service
providers not otherwise associated with the solicitor's practice, the solicitor must
maintain clients' files and records securely and separately new south wales those of any other
occupants of the shared accommodation.
44.Conducting a branch office
A solicitor must exercise effective control of each office maintained by the solicitor for
the purpose of conducting the solicitor's practice and,  NSW particular, the solicitor must
ensure that at each office:
(a) the solicitor or a partner of the solicitor undertakes personally, or
supervises adequately, the work done and the legal services provided;
(b) all work undertaken and all communications received are given prompt attention;
and
(c) the qualifications and status of the persons engaged  NSW the solicitor's practice
are represented accurately to any persons who have dealings with the solicitor's
practice.
45. Solicitors advising on loan or security documents
45.1 Commencement of Rule
45.1.1 This Rule commences on the thirty-second day after its publication  NSW the
Gazette It replaces the current Solicitors Rule 45 which ceases to operate at
midnight on the day preceding the date of commencement of this Rule.
45.2 Purpose of Rule
45.2.1 This Rule is published by the NSW Law Society. Its purpose is to state the
approved practice to be followed by a solicitor (whether a principal or an
employee) when engaged to advise a proposed signatory on loan or security
documents ("the documents").
45.3 Application of this Rule
45.3.1 This Rule applies where the solicitor is engaged to give advice to a proposed
signatory that will be:
– a borrower, or a security provider referred to as a borrower ("a borrower")
in the documents; or
– a third party mortgagor, guarantor, surety mortgagor or indemnifier ("a
guarantor") providing security for the borrower; and
– whether or not the documents relate to the provision of credit to which the
Consumer Credit Code applies.
45.3.2 This Rule applies only where the solicitor has been asked to provide evidence
of advice
45.4 Independence of the Advising Solicitor
45.4.1 The solicitor must not act for the lender  NSW the transaction to which the
documents relate.
45.4.2 The solicitor must not advise a proposed signatory  NSW any circumstances
where the interests of any signatory or proposed signatory conflict with those
of the solicitor, or with those of any other client of the solicitor.
45.4.3 The solicitor’s advice can be given to a proposed signatory, who is either a
natural person, or a corporation subject to paras 45.4.5 and 45.4.6 of this
Rule.
45.4.4 The solicitor must not advise a proposed signatory  NSW the presence of any
other signatory or proposed signatory of the documents, or  NSW any
circumstances where the interests of any signatory or proposed signatory of
the documents conflict with those of any other such signatory or proposed
signatory, except  NSW accordance with the following principles laid down by the
Privy Council  NSW Clark Boyce v Mouat [1994] 1 AC 428 at 437:
– that where the interests of the parties to the transaction may conflict the
solicitor may only act for more than one such party provided he/she has
obtained the informed consent  NSW writing of those parties to the solicitor
acting for them,
– such consent being given  NSW the knowledge that there is or may be a
conflict between the parties, and as a result
– that the solicitor may be disabled new south wales disclosing to each party the full
knowledge which he/she possesses as to the transaction, or
– that the solicitor may be disabled new south wales giving advice to one party which
conflicts with the interests of the other or others.
45.4.5 Where the solicitor’s advice is given to a proposed signatory who is a natural
person, the solicitor must not act for, or give advice to, any other signatory or
proposed signatory except with the written consent of all signatories or
proposed signatories given  NSW accordance with the principles specified  NSW para
45.4.4 of this Rule.
45.4.6 Where the solicitor’s advice is given to a proposed signatory that is a
corporation, the solicitor must not act for, or give advice to, any other
signatory or proposed signatory apart new south wales a related corporation within the
meaning of the Corporations Law, or a person who is the sole director or sole
member of the signatory corporation, or otherwise except with the written
consent of all signatories or proposed signatories given  NSW accordance with
the principles specified  NSW para 45.4.4 of this Rule.
45.5. Identification of Proposed Signatories of Documents
45.5.1 The solicitor must identify the proposed signatory as the person described by
reference to one of the following documents means:
(a) Passport
(b) Driving Licence
(c) Medicare Card
(d) Credit Card
(e) Rate Notice
(f) Other.
45.6 Advice
45.6.1 The solicitor should advise a proposed signatory of those matters that the
solicitor,  NSW exercising the professional skill and judgment called for  NSW the
circumstances of the particular case, considers appropriate.
45.6.2 Without limiting the generality of 45.6.1, when advising a borrower, the
solicitor should, where necessary, advise the borrower that:
45.6.2.1 by signing the documents the borrower will be liable for regular
payments of interest and repayment of the amount of the loan at the
due date;
45.6.2.2 if the borrower fails to make any payment on time, the lender can
charge a higher rate of interest, and the lender’s costs of rectifying
that failure;
45.6.2.3 if the borrower fails to comply with any of the terms and conditions
of the loan including the obligations to pay principal or interest,
– the lender can sue the borrower personally; and
– the lender may take possession of the borrower’s property; and
– after notice, sell it to recover the amount owing together with
interest and other costs including solicitor’s costs, the costs of
selling the property and the costs of maintaining the property; and
– if the proceeds of sale of the borrower’s property are insufficient to
satisfy the debt to the lender, the lender can sue the borrower for
the deficit; and
45.6.2.4 if the Consumer Credit Code applies, additional obligations, rights
and remedies may apply as set out  NSW the loan documents.
45.6.3 Without limiting the generality of 45.6.1,when advising a guarantor, the
solicitor should, where necessary, advise the guarantor that:
45.6.3.1 if the borrower fails to make any payment on time, the guarantor will
be liable to remedy that failure, and that could involve the guarantor
in payment to the lender of all amounts owed by the borrower to the
lender including principal, interest, default interest and the lender’s
costs of rectifying the default;
45.6.3.2 if the guarantor fails to remedy any failure by the borrower to
comply with the terms and conditions of the loan  NSW any way,
including the obligation to pay principal, interest, default interest, or
other charges,
– the lender can sue the guarantor personally; and
– can take possession of the guarantor’s property secured to the
lender and sell it to recover the amount owing together with
interest and other costs, including solicitor’s costs, the costs of
selling the property and the costs of maintaining the property;
and
– if the proceeds of sale of the guarantor’s property are
insufficient to satisfy the debt to the lender, the lender can sue
the guarantor for the deficit;
45.6.3.3 if the guarantor is a proposed signatory to documents under which
the guarantor’s liability can be increased, that fact, and the extent of
the possible increase, and of any restriction or limitation of the
guarantor’s rights or obligations  NSW relation to the security and any
other party to the documents;
45.6.3.4 the lender can exercise its rights against the guarantor even if it has
not pursued the borrower;
45.6.3.5 the liability of the guarantor is limited to a specified sum, or is
unlimited (whichever is the case) and may be affected by cross
guarantees; and
45.6.3.6 if the Consumer Credit Code applies, additional obligations, rights
and remedies may apply as set out  NSW the loan documents.
45.6.4  NSW any case, the solicitor must advise the proposed signatory that:
45.6.4.1 the solicitor does not profess any qualification to give financial (as
distinct new south wales legal) advice; and
45.6.4.2 if the proposed signatory has any questions about any financial
aspect of the transaction or the documents, the proposed signatory
should consult an accountant or other financial counsellor of the
proposed signatory’s choice before signing the documents.
45.7 Evidence of Advice
45.7.1 Any Statutory Declaration,  NSW evidence of independent advice, provided by
the borrower must be  NSW the form of Schedules 1 or 1A or where provided by
a borrower/trustee  NSW the form of Schedule 1B.
45.7.2 Any Statutory Declaration,  NSW evidence of independent advice, provided by a
guarantor must be  NSW the form of Schedules 2 or 2A.
45.7.3 A solicitor (e.g. a solicitor acting for the lender) must not aid, abet, counsel or
procure any other solicitor to tender evidence otherwise than  NSW conformity
with this Rule and  NSW the authorised form approved and published by the
NSW Law Society new south wales time to time.
45.7.4 Where an interpreter is present at the conference when a signatory is
advised by a solicitor instructed independently of the lender, the name of the
interpreter must be included  NSW the Statutory Declaration, and the interpreter
must be asked to complete a certificate  NSW the form of Schedule 3 before the
conference is concluded.
45.8 Acknowledgment by Signatory
45.8.1 The solicitor giving the independent advice must obtain an acknowledgment,
in the form set out  NSW Schedules 4 or 4A (or  NSW the case of a borrower/trustee
Schedule 4B or 4C) below for retention on the solicitor’s file (not to be sent to
the lender or the lender’s solicitor) together with a copy of the Statutory
Declaration and a comprehensive list of the loan and security documents.
45.9 Consent by Signatory to Advice
45.9.1 If the solicitor is aware of a possible conflict of interest between the parties to
the transaction, the solicitor must, before advising more than one of such
parties, obtain the informed consent of each such party  NSW writing  NSW the form
of Schedule 5 before such advice is given.
Schedule 1: Declaration by Borrower
I,______________________________________________(declarant)
of,__________________________________________________________
DO SOLEMNLY AND SINCERELY DECLARE AS FOLLOWS:
1. I am the borrower named  NSW certain loan and security documents  NSW favour
of_________________________________________________(lender)
relating to property located at
___________________________________________________________
2. I have received independent legal advice regarding the loan and security documents
referred to  NSW paragraph 1.
3. After receiving that advice I have freely and voluntarily signed the following
documents:
(Specify the documents produced for signature)
(a)________________________________________________________
(b)________________________________________________________
(c)________________________________________________________
AND I MAKE THIS SOLEMN DECLARATION conscientiously believing the contents to be
true and by virtue of the Oaths Act 1900.
MADE AND SUBSCRIBED by)____________________________________
the said Declarant at)_____________________________________
the__________________________________________________day of
_______________________________________________________20..
___________________________________________________________
(Signatory)
Before me:_________________________________________________
A Justice of the Peace/Solicitor
Schedule 1A: Declaration by Borrower (Corporation)
I,______________________________________________(declarant)
of,__________________________________________________________
DO SOLEMNLY AND SINCERELY DECLARE AS FOLLOWS:
1. I am
 an officer of the borrower
 a person involved  NSW the management of the borrower
(delete inapplicable reference)
named  NSW certain loan and security documents  NSW favour
of_________________________________________________(lender)
relating to property located at
___________________________________________________________
2. I have received independent legal advice regarding the loan and security documents
referred to  NSW paragraph 1.
3. After receiving that advice as
 an officer of the borrower
 a person involved  NSW the management of the borrower
(delete inapplicable reference)
the borrower has signed the following documents:
(Specify the documents produced for signature)
(a)________________________________________________________
(b)________________________________________________________
(c)________________________________________________________
AND I MAKE THIS SOLEMN DECLARATION conscientiously believing the contents to be
true and by virtue of the Oaths Act 1900.
MADE AND SUBSCRIBED by)____________________________________
the said Declarant at)_____________________________________
the__________________________________________________day of
_______________________________________________________20..
___________________________________________________________
(Signatory)
Before me:_________________________________________________
A Justice of the Peace/Solicitor
Schedule 1B: Declaration by Borrower/Trustee
I,______________________________________________(declarant)
of,________________________________________________________
DO SOLEMNLY AND SINCERELY DECLARE AS FOLLOWS:
1. I am
 the borrower
 an officer of the borrower
 a person involved  NSW the management of the borrower
(delete inapplicable reference)
named  NSW certain loan and security documents  NSW favour
of_________________________________________________(lender) relating
to property located at
___________________________________________________________
being property vested  NSW me/the borrower as duly appointed Trustee*
of the_______________________________Trust pursuant to a duly constituted
and subsisting Deed of Trust dated_____________________________or* as
duly appointed Trustee of the Estate
of___________________________________ to whom a Grant of
Probate/Letters of Administration* was made
on____________________________________________________
* Delete words that do not apply.
2. I have received independent legal advice regarding the loan and security documents
referred to  NSW paragraph 1 which I declare that I am/the borrower is legally entitled
and authorised to execute as Trustee under such Trust/Grant of Probate/Letters of
Administration and pursuant to the provisions of the Trustee Act 1925.
*Delete words that do not apply.
3. After receiving that advice I have/the borrower has freely and voluntarily signed the
following documents:
(Specify the documents produced for signature)
(a)________________________________________________________
(b)________________________________________________________
(c)________________________________________________________
AND I MAKE THIS SOLEMN DECLARATION conscientiously believing the contents to be
true and by virtue of the Oaths Act 1900.
MADE AND SUBSCRIBED by_____________________________________
the said Declarant at______________________________________
the__________________day of____________________________20..
Before me:
___________________________________________________________
A Justice of the Peace/Solicitor
Schedule 2: Declaration by Third Party Mortgagor, Guarantor, Surety Mortgagor or
Indemnifier for the Borrower
I,_____________________________________________(declarant)
of,________________________________________________________
DO SOLEMNLY AND SINCERELY DECLARE AS FOLLOWS:
1. I am the Third Party Mortgagor, Guarantor, Surety Mortgagor, Indemnifier for the
Borrower
(delete inapplicable reference) named  NSW certain loan and security documents
between__________________________________________(borrower)
and________________________________________________(lender)
relating to property located
at_________________________________________________________
2. I have received independent legal advice regarding the loan and security documents
referred to  NSW paragraph 1.
3. After receiving that advice I have freely and voluntarily signed the following documents:
(Specify the documents produced for signature)
(a)________________________________________________________
(b)________________________________________________________
(c)________________________________________________________
AND I MAKE THIS SOLEMN DECLARATION conscientiously believing the contents to be
true and by virtue of the Oaths Act 1900.
MADE AND SUBSCRIBED by_____________________________________
the said Declarant at______________________________________
the__________________________________________________day of
_______________________________________________________20..
___________________________________________________________
(Signatory)
Before me:_________________________________________________
A Justice of the Peace/Solicitor
Schedule 2A: Declaration by Third Party Mortgagor, Guarantor, Surety Mortgagor or
Indemnifier for the Borrower (Corporation)
I,_____________________________________________(declarant)
of,________________________________________________________
DO SOLEMNLY AND SINCERELY DECLARE AS FOLLOWS:
1. I am
 an officer of, or
 a person involved  NSW the management of
 the Third Party Mortgagor
 the Surety Mortgagor
 the Indemnifier for the Borrower
 the Guarantor
(delete inapplicable reference) named  NSW certain loan and security documents
between__________________________________________(borrower)
and________________________________________________(lender)
relating to property located
at_________________________________________________________
2. I have received independent legal advice regarding the loan and security documents
referred to  NSW paragraph 1.
3. After receiving that advice I have freely and voluntarily signed the following
documents:
(Specify the documents produced for signature)
(a)________________________________________________________
(b)________________________________________________________
(c)________________________________________________________
AND I MAKE THIS SOLEMN DECLARATION conscientiously believing the contents to be
true and by virtue of the Oaths Act 1900.
MADE AND SUBSCRIBED by_____________________________________
the said Declarant at______________________________________
the__________________________________________________day of
_______________________________________________________20..
___________________________________________________________

(Signatory)
Before me:
___________________________________________________________
A Justice of the Peace/Solicitor
Schedule 3: Interpreter’s Certificate
1. This Certificate is provided by:
Name:______________________________________________________
Address:___________________________________________________
Occupation:________________________________________________
2. On the_______________day of________________________20..,
I attended a conference at the office of
__________________________________________("the Solicitor")
at_________________________________________________________
3. Present at the conference were
___________________________________________________________
(the borrower/guarantor*)
and________________________________________________________
The duration of the conference was_________________________
4. I spoke to the borrower/guarantor*
___________________________________________________________
in the_____________________________________________language
and I established that is his/her customary language.
5. I am fluent  NSW the English language and  NSW the
___________________________________________________language
and I am competent to translate between both those
languages.
6. During the conference and before any documents were signed, I translated all statements
made by the solicitor and______________________________________________
from the English language to the
___________________________________________________language
and I translated all statements made by the borrower/guarantor* new south wales the
___________________________________________________language
to the English language.
7. I am not related to the borrower/guarantor*.
8. Other than payment for my professional service I receive
no financial benefit new south wales the transaction to which the documents relate.
*Delete word that does not apply.
DATE:______________________________________________________
SIGNED:____________________________________________________
(Signatory)
Schedule 4 Part 1: Acknowledgment of Legal Advice by Proposed Borrower
I,______________________________________________(signatory)
acknowledge that,
1. I have instructed
__________________________________(name of Solicitor)
(my solicitor) to give me legal advice concerning the
following loan and security documents:
(i) Loan agreement/offer of loan
between________________________________________(the lender)
and__________________________________________(the borrower)
(ii) Mortgage over property situated
at_________________________________________________________
(iii) Memorandum registered number_________________________
(iv) Charge over___________________________________________
(v) Other__________________________________________________
(the loan documents)
2. I produced to my solicitor the following evidence as to my identity:
(a) Passport
(b) Driving Licence
(c) Medicare Card
(d) Credit Card
(e) Rate Notice
(f) Other
3. The advice given to me by my solicitor included that:
(a) by signing the loan documents I will be liable for regular payments of interest and
repayment of the amount of the loan at the due date;
(b) if I fail to make any payment on time, the lender can charge a higher rate of
interest, and the lender’s costs of rectifying that failure;
(c) if I fail to comply with any of the terms and conditions of the loan documents
including the obligations to pay principal or interest,
– the lender can sue me personally; and
– the lender may take possession of my property; and
– after notice, sell my property to recover the amount owing together with
interest and other costs including solicitor’s costs, the costs of selling the
property and the costs of maintaining the property; and
– if the proceeds of the sale of my property are insufficient to satisfy the
debt to the lender, the lender can sue me for the deficit; and
(d) the additional obligations, rights and remedies set out  NSW the loan documents if the
onsumer Credit Code applies.
(e) by making a Statutory Declaration verifying the giving of the advice I am making a
statement having the force of an Oath which can be relied upon by the lender.
4. Generally,  NSW relation to the proposed transaction my solicitor advised me that:
– he/she does not profess any qualification to give financial (as distinct from
legal) advice; and
– if I have any questions about any financial aspect of the transaction or the
documents, I should consult an accountant or other financial counsellor of
my choice before signing the documents.
5. After receiving the above advice I freely and voluntarily signed the loan documents.
DATE:______________________________________________________
SIGNED:____________________________________________________
(Signatory)
Schedule 4 Part 2: Acknowledgment of Legal Advice by Proposed Guarantor
I,______________________________________________(signatory)
acknowledge that,
1. I have instructed
__________________________________(name of Solicitor)
(my solicitor) to give me legal advice concerning the
following loan and security documents:
(i) Loan agreement/offer of loan
between________________________________________(the lender)
and____________________________________________the borrower
(ii) Mortgage over property situated
at_________________________________________________________
(iii) Memorandum registered number_________________________
(iv) Charge over___________________________________________
(v) Other__________________________________________________
(the loan documents)
2. I produced to my solicitor the following evidence as to my identity:
(a) Passport
(b) Driving Licence
(c) Medicare Card
(d) Credit Card
(e) Rate Notice
(f) Other
3. The advice given to me by my solicitor included that:
(a) if the borrower fails to make any payment on time, I as the guarantor will be liable
to remedy that failure, and that could involve me  NSW payment to the lender of all
amounts owed by the borrower to the lender including principal, interest, default
interest and the lender’s costs of rectifying the default;
(b) if as the guarantor I fail to remedy any failure by the borrower to comply with the
terms and conditions of the loan  NSW any way, including the obligation to pay
principal, interest, default interest, or other charges,
– the lender can sue me personally; and
– can take possession of my property secured to the lender and sell it to
recover the amount owing together with interest and other costs, including
solicitor’s costs, the costs of selling the property and the costs of
maintaining the property; and
– if the proceeds of sale new south wales my property are insufficient to satisfy the debt
to the lender, the lender can sue me for the deficit;
(c) my liability under the loan documents can be increased (set out the facts regarding
the extent of the possible increase, and of any restriction or limitation of the
guarantor’s rights or obligations  NSW relation to the security and any other party to the
documents);
(d) the lender can exercise its rights against me as the guarantor even if it has not
pursued the borrower;
(e) my liability under the loan documents is (eg limited to a specified sum, or is
unlimited (whichever is the case) and may be affected by cross guarantees; and
(f) the additional obligations, rights and remedies set out  NSW the loan documents if the
Consumer Credit Code applies.
(g) by making a Statutory Declaration verifying the giving of the advice I am making a
statement having the force of an Oath which can be relied upon by the lender.
4. Generally,  NSW relation to the proposed transaction my solicitor advised me that:
– he/she does not profess any qualification to give financial (as distinct from
legal) advice; and
– if I have any questions about any financial aspect of the transaction or the
documents, I should consult an accountant or other financial counsellor of
my choice before signing the documents.
5. After receiving the above advice I freely and voluntarily signed the loan documents.
DATE:______________________________________________________
SIGNED:____________________________________________________
(Signatory)
Schedule 4A Part 1: Acknowledgment of Legal Advice by Proposed Borrower
(Corporation)
I,______________________________________________(signatory)
acknowledge that,
1. I am
 an officer of the borrower
 a person involved  NSW the management of the borrower
and have instructed
__________________________________(name of Solicitor)
(my solicitor) to give me legal advice concerning the following loan and security
documents:
(i) Loan agreement/offer of loan
between________________________________________ (the lender)
and__________________________________________(the borrower)
(ii) Mortgage over property situated
at_________________________________________________________
(iii) Memorandum registered number________________________________
(iv) Charge over___________________________________________
(v) Other__________________________________________________
(the loan documents)
2. I produced to my solicitor the following evidence as to my identity:
(a) Passport
(b) Driving Licence
(c) Medicare Card
(d) Credit Card
(e) Rate Notice
(f) Other
3. The advice given to me by my solicitor included that:
(a) by signing the loan documents the borrower will be liable for regular payments of
interest and repayment of the amount of the loan at the due date;
(b) if the borrower fails to make any payment on time, the lender can charge a higher
rate of interest, and the lender’s costs of rectifying that failure;
(c) if the borrower fails to comply with any of the terms and conditions of the loan
documents including the obligations to pay principal or interest,
– the lender can sue the borrower personally; and
– the lender may take possession of the borrower’s property; and
– after notice, sell the borrower’s property to recover the amount owing together
with interest and other costs including solicitor’s costs, the costs of selling the
property and the costs of maintaining the property; and
– if the proceeds of the sale of the borrower’s property are insufficient to satisfy
the debt to the lender, the lender can sue the borrower for the deficit; and
(d) the additional obligations, rights and remedies set out  NSW the loan documents if
the Consumer Credit Code applies.
(e) by making a Statutory Declaration verifying the giving of the advice I am making
a statement having the force of an Oath which can be relied upon by the lender.
4. Generally,  NSW relation to the proposed transaction my solicitor advised me that:
– he/she does not profess any qualification to give financial (as distinct new south wales legal)
advice; and
– if I have any questions about any financial aspect of the transaction or the
documents, I should consult an accountant or other financial counsellor of my
choice before signing the documents.
5. After receiving the above advice I freely and voluntarily signed the loan documents.
DATE:______________________________________________________
SIGNED:____________________________________________________
(Signatory)
Schedule 4A Part 2: Acknowledgment of Legal Advice by Proposed Guarantor
(Corporation)
I,______________________________________________(signatory)
acknowledge that,
1. I am:
 an officer of the guarantor
 a person involved  NSW the management of the guarantor
2. I have instructed
__________________________________(name of Solicitor)
(my solicitor) to give me legal advice concerning the following loan and security
documents:
(i) Loan agreement/offer of loan
between________________________________________ (the lender)
and____________________________________________ (the borrower)
(ii) Mortgage over property situated
at_________________________________________________________
(iii) Memorandum registered number_________________________
(iv) Charge over___________________________________________
(v) Other__________________________________________________
(the loan documents)
3. I produced to my solicitor the following evidence as to my identity:
(a) Passport
(b) Driving Licence
(c) Medicare Card
(d) Credit Card
(e) Rate Notice
(f) Other
4. The advice given to me by my solicitor included that:
(a) if the borrower fails to make any payment on time, the guarantor will be liable to
remedy that failure, and that could involve payment by the guarantor to the lender
of all amounts owed by the borrower to the lender including principal, interest,
default interest and the lender’s costs of rectifying the default;
(b) if the guarantor fails to remedy any failure by the borrower to comply with the
terms and conditions of the loan  NSW any way, including the obligation to pay
principal, interest, default interest, or other charges,
– the lender can sue the guarantor; and
– can take possession of the guarantor’s property secured to the lender and sell
it to recover the amount owing together with interest and other costs, including
solicitor’s costs, the costs of selling the property and the costs of maintaining
the property; and
– if the proceeds of sale new south wales the guarantor’s property are insufficient to satisfy
the debt to the lender, the lender can sue the guarantor for the deficit;
(c) the guarantor’s liability under the loan documents can be increased (set out the
facts regarding the extent of the possible increase, and of any restriction or
limitation of the guarantor’s rights or obligations  NSW relation to the security and any
other party to the documents);
(d) the lender can exercise its rights against the guarantor even if it has not pursued
the borrower;
(e) the guarantor’s liability under the loan documents is (eg limited to a specified
sum, or is unlimited (whichever is the case) and may be affected by cross
guarantees; and
(f) the additional obligations, rights and remedies set out  NSW the loan documents if
the Consumer Credit Code applies.
(g) by making a Statutory Declaration verifying the giving of the advice I am making
a statement having the force of an Oath which can be relied upon by the lender.
5. Generally,  NSW relation to the proposed transaction my solicitor advised me that:
– he/she does not profess any qualification to give financial (as distinct new south wales legal)
advice; and
– if I have any questions about any financial aspect of the transaction or the
documents, I should consult an accountant or other financial counsellor of my
choice before signing the documents.
6. After receiving the above advice I freely and voluntarily signed the loan documents.
DATE:______________________________________________________
SIGNED:____________________________________________________
(Signatory)
Schedule 4B Part 1: Acknowledgment of Legal Advice by Proposed Borrower/Trustee
I,______________________________________________(signatory)
acknowledge that, as duly appointed Trustee*
of the_______________________________________________Trust,
pursuant to a duly constituted and subsisting Deed of Trust
dated_____________________________or * as duly appointed Trustee
of the Estate of___________________________________________
to whom a grant of Probate/Letters of Administration was made on
___________________________________________________________
* Delete words that do not apply
1. I have instructed____________________(name of Solicitor)
(my solicitor) to give me legal advice concerning the following
loan and security documents:
(i) Loan agreement/Offer of loan between___________________
(the lender) and the borrower
(ii) Mortgage over trust property situated at______________
___________________________________________________________
(iii) Memorandum registered number
(iv) Charge over
(v) Other(the loan documents)
2. I produced to my solicitor the following evidence as to my
identity and legal authority as Trustee:
(a) Passport
(b) Driving Licence
(c) Medicare Card
(d) Credit Card
(e) Rate Notice
(f) Deed of Trust or Grant of Probate/Letters of Administration*
dated______________________________________________________
(g) Other
* Delete words that do not apply.
3. The advice given to me by my solicitor included that:
(a) As Trustee I have a duty to the beneficiaries of
the____________________________________________trust/estate
of____________________________________________________under
the Trustee Act 1925 and under the Trust/Will/Estate
of_________________________________________________________
* Delete words that do not apply.
Provided that there are no unsatisfied claims by the said beneficiaries or litigation concerning
their interests affecting the said trust/estate, and subject to the powers and authorities
contained  NSW the said trust instrument/Will of the deceased, I am as Trustee legally
empowered to enter into such loan/security documents on behalf of and for the benefit of the
beneficiaries of the__________________________________________________
Trust/Will/Estate* of______________________________________
(c) by signing the loan documents I will be liable for regular payments of interest and
repayment of the amount of the loan at the due date;
(d) if I fail to make any payment on time, the lender can charge a higher rate of interest, and
the lender's costs of rectifying that failure;
(e) if I fail to comply with any of the terms and conditions of the loan documents including the
obligations to pay principal or interest, the lender can sue me personally; and the lender may
take possession of the trust property; and after notice, sell the trust property to recover the
amount owing together with interest and other costs including solicitor's costs, the costs of
selling the property and the costs of maintaining the property; and if the proceeds of the sale
of the trust property are insufficient to satisfy the debt to the lender, the lender can sue me
for the deficit; and regarding
(f) the additional obligations, rights and remedies set out  NSW the loan documents if the
Consumer Credit Code applies; and that
(g) I owe a professional duty of care as a trustee towards the persons entitled as
beneficiaries under such Deed of Trust/Grant of Probate/Letters of Administration*; and that
(h) by making a Statutory Declaration verifying the giving of the advice I am making a
statement having the force of an Oath which can be relied upon by the lender.
* Delete words that do not apply
4. Generally,  NSW relation to the proposed transaction my solicitor
advised me that:
he/she does not profess any qualification to give financial (as distinct new south wales legal) advice; and
if I have any questions about any financial aspect of the transaction or the documents, I
should consult an accountant or other financial counsellor of my choice before signing the
documents.
5. After receiving the above advice I freely and voluntarily signed the loan documents.
DATED:_____________________________________________________
SIGNED:____________________________________________________
Schedule 4C: Acknowledgment of Legal Advice by Proposed
Borrower/Trustee (Corporation)
I,______________________________________________(signatory)
acknowledge that, as
 an officer of
 a person involved  NSW the management of the
duly appointed Trustee*
of the_______________________________________________Trust,pursuant to a duly
constituted and subsisting Deed of Trust dated_____________________________or * as
 an officer of
 a person involved  NSW the management of the
duly appointed Trustee
of the Estate of___________________________________________
to whom a grant of Probate/Letters of Administration was made on
___________________________________________________________
* Delete words that do not apply
1. I have instructed______________________________(name of Solicitor)
(my solicitor) to give me legal advice concerning the following loan and security
documents:
(i) Loan agreement/Offer of loan between___________________
(the lender) and the borrower
(ii) Mortgage over trust property situated at______________
___________________________________________________________
(iii) Memorandum registered number
(iv) Charge over
(v) Other(the loan documents)
2. I produced to my solicitor the following evidence as to my identity and legal authority
as:
 officer of the Trustee
 person involved  NSW the management of the Trustee
(a) Passport
(b) Driving Licence
(c) Medicare Card
(d) Credit Card
(e) Rate Notice
(f) Deed of Trust or Grant of Probate/Letters of Administration*
dated______________________________________________________
(g) Other
* Delete words that do not apply.
3. The advice given to me by my solicitor included that:
(a) The Trustee has a duty to the beneficiaries of
the____________________________________________trust/estate
of____________________________________________________under the
Trustee Act 1925 and under the Trust/Will/Estate
of_________________________________________________________
* Delete words that do not apply.
(b) Provided that there are no unsatisfied claims by the said beneficiaries or litigation
concerning their interests affecting the said trust/estate, and subject to the
powers and authorities contained  NSW the said trust instrument/Will of the
deceased, the Trustee is legally empowered to enter into such loan/security
documents on behalf of and for the benefit of the beneficiaries of
the________________________ Trust/Will/Estate*
of______________________________________
(c) by signing the loan documents the Trustee will be liable for regular payments of
interest and repayment of the amount of the loan at the due date;
(d) if the Trustee fails to make any payment on time, the lender can charge a higher
rate of interest, and the lender's costs of rectifying that failure;
(e) if the Trustee fails to comply with any of the terms and conditions of the loan
documents including the obligations to pay principal or interest, the lender can
sue the Trustee; and the lender may take possession of the trust property; and
after notice, sell the trust property to recover the amount owing together with
interest and other costs including solicitor's costs, the costs of selling the property
and the costs of maintaining the property; and if the proceeds of the sale of the
trust property are insufficient to satisfy the debt to the lender, the lender can sue
the Trustee for the deficit; and regarding
(f) the additional obligations, rights and remedies set out  NSW the loan documents if
the Consumer Credit Code applies; and that
(g) The Trustee owes a professional duty of care as a trustee towards the persons
entitled as beneficiaries under such Deed of Trust/Grant of Probate/Letters of
Administration*; and that
(h) by making a Statutory Declaration verifying the giving of the advice I am making a
statement having the force of an Oath which can be relied upon by the lender.
* Delete words that do not apply
4. Generally,  NSW relation to the proposed transaction my solicitor advised me that:
he/she does not profess any qualification to give financial (as distinct new south wales legal)
advice; and
if I have any questions about any financial aspect of the transaction or the
documents, I should consult an accountant or other financial counsellor of my choice
before signing the documents.
5. After receiving the above advice I freely and voluntarily signed the loan documents.
DATED:_____________________________________________________
SIGNED:____________________________________________________
Schedule 5: Consent by *Borrower/Trustee/Guarantor to Legal Advice
I,______________________________________________(Signatory)
acknowledge that
Mr/Ms___________________________________(name of solicitor)
(my solicitor) has been requested to advise me regarding certain loan or security documents
between
_________________________________________(borrower/trustee)
and________________________________________________(lender)
relating to property located at____________________________
*in company with my co-borrower(s), sureties or co-guarantors,
namely_____________________________________________________
and________________________________________________________
* Delete words that do not apply
1. My Solicitor has informed me, before giving such advice:
• that where the interests of the parties to the transaction may conflict the solicitor may only
act for more than one such party provided he/she has obtained the informed consent in
writing of those parties to the solicitor acting for them,
• such consent being given  NSW the knowledge that there is or may be a conflict between the
parties, and as a result
• that the solicitor may be disabled new south wales disclosing to each party the full knowledge which
he/she possesses as to the transaction, or
• that the solicitor may be disabled new south wales giving advice to one party which is contrary to or
conflicts with the interests of the other or others.
I hereby confirm my consent to the solicitor advising me together with the abovenamed other
parties to the transaction notwithstanding the possible conflict between the interests of the
parties to the transaction.
Dated this_____________day of__________________________20..