Research & Information
Announcement - Section 198L of the Legal Profession Act 1987

10 September 2002

 
Memorandum

Industrial Registry

Registry of the Industrial Relations Commission
of New South Wales

               

        To: Legal Practitioners

        From: Mick Grimson, Acting Industrial Registrar

        Date: 10th September 2002

        Topic: Legal Profession Act 1987

        There has been some doubt as to whether the provisions of section 198L of the Legal Profession Act 1987 apply to proceedings commenced or responded to in the Commission, most notably, applications under either section 84 or section 106 of the Industrial Relations Act 1996.
              Advice has been received that where originating process sought to be filed in the Industrial Relations Commission involves a claim for damages, in that it asserts an entitlement on the part of the originating party to an order for the payment of monetary compensation as a result of a loss or injury suffered by the claimant, then such proceedings must be certified by the filing practitioner pursuant to section 198L(2) of the Legal Profession Act 1987. Similarly, any response filed to a claim must also be certified by a practitioner in accordance with that provision.

              Practitioners are advised that applications or responses that are filed without the appropriate certificate will not be able to be accepted in the Registry section (s.198L(3)).
              Pro formas of certificates that might be suitable for your use are attached.

              Click this link to obtain pro formas of the certificates