Page 4269 - Week 13 - Thursday, 25 November 1993

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IT MUST NOT BE OVERLOOKED THAT A SIGNIFICANT PART OF THE COMMISSIONS REPORT RELATES TO BARRISTERS. THE REPORT CRITICISES THE ARRANGEMENTS IN THOSE

JURISDICTIONS WIRE THE PROFESSION IS FORMALLY

DIVIDED INTO TWO SEPARATE STREAMS OF BARRISTERS AND SOLICITORS, AND CRITICISES BAR RULES THAT SUPPORT

ANTI-COMPETITIVE PRACTICES.

TI REPORT NOTES THAT IN TI ACT, AS WELL AS IN SOME STATES AND TI NORTHERN TERRITORY, THE LEGAL

PROFESSION IS NOT FORMALLY DIVIDED AND BAR RULES

ARE NOT AS RESTRICTIVE AS IN SOME OTHER JURISDICTIONS. NEVERTHELESS, TI PROCESS OF FURTHER REFORM OF THE PROFESSION IN THE TERRITORY WILL NEED TO EXAMINE THE RELATIONSHIPS BETWEEN THE TWO STREAMS OF TI

PROFESSION AND ASSESS WHETHER CHANGES ARE NEEDED.

ONE SUCH ISSUE THAT WILL BE EXAMINED IS WHETHER TO BRING BARRISTERS WITHIN TI SCOPE OF TI STATUTORY COMPLAINTS AND DISCIPLINARY SYSTEM. THE SYSTEM SET UP BY TI LEGAL PRACTITIONERS ACT APPLIES ONLY TO

SOLICITORS. TI ACT BAR ASSOCIATION HAS ITS OWN

RULES GOVERNING COMPLAINTS ABOUT, AND DISCIPLINE OF, ITS MEMBERS. IT MAY BE SENSIBLE FOR THE TERRITORY TO

HAVE A SINGLE COMPLAINTS AND DISCIPLINE SYSTEM FOR

TI ENTIRE LEGAL PROFESSION IN TI ACT. AS IS TI

PRACTICE ELSEWHERE, TI COMPOSITION OF THE

DISCIPLINARY TRIBUNAL COULD CHANGE SOMEWHAT,

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