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LIV letter to AG - VLSB+C response to LIV PC Fees RIS submission

LIV letter to AG - VLSB+C response to LIV PC Fees RIS submission

By Barton Wu

Practising Certificate Uniform Laws 


On 19 January 2018, the LIV wrote to the Attorney-General following the Victorian Legal Services Board + Commissioner’s (VLSB+C) response to its submission on the draft Regulatory Impact Statement (RIS) for proposed Legal Profession Uniform Law Application (Practising Certificate Fees) Regulations 2017 (the Regulations) setting lawyers’ practising certificate fees (PC Fees).

In addition to setting the PC Fees, the Regulations must be made to ensure that the VLSB+C can continue to charge fees for the 2018/19 financial year.

In the letter, the LIV raised ongoing concerns which, in its view, were not adequately addressed by the VLSB+C in its response. These include:

  • the lack of supporting evidence for the VLSB+C’s contention that the cost of legal profession regulation is not significantly higher than in New South Wales (NSW), in contrast with evidence produced by the LIV to the contrary;
  • queries as to why PC Fees in Victoria are higher or comparable with those in other Australian jurisdictions, yet fidelity fund contributions at the time of PC renewal are substantially higher for Victorian practitioners; and
  • questions around the regulatory and compliance burdens for Victorian practitioners, as well as the VLSB+C itself, in implementing the stratified model under the proposed fees option.

The LIV also reiterated that it would welcome a broader review of legal profession regulation to be undertaken in Victoria.

The LIV’s submission to the PC Fees RIS is available here (PDF).


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