Notice

The Law Society’s current Scheme expires on 30 June 2019. In September 2018, the Law Society applied to the Professional Standards Councils for its second Professional Standards Scheme (“Scheme”), to operate from 1 July 2019 to 30 June 2024.

Members are advised that the Professional Standards Councils have approved the Scheme for public notification. It will be published on the website of the Professional Standards Councils, together with the public consultation document, available here. The notification was also published in The Australian on 14 December 2018.

Members are directed to forward any comments or submissions regarding the Scheme to the Chief Executive Officer, Professional Standards Councils by 11 January 2019.

The Professional Standards Councils is located at Level 2, St James Centre, 111 Elizabeth Street, Sydney, NSW, 2000.

The email address is pscinfo@psc.gov.au and the telephone number is 1300 555 772 / (02) 8315 0800.

The Professional Standards Councils have advised that comments and submissions received will be public, unless confidentiality is specifically requested.


The Professional Standards Scheme (formerly Limitation of Liability Scheme) provides a significant benefit for Law Society members. The Scheme commenced on 1 July 2014 and does not apply to claims prior to that date or prior to your commencement with the Scheme.

The Scheme caps occupational liability of participating members to an amount of $1.5 million, $5 million or $10 million depending on the insurance policies and total annual fee income of the law practice.

Participation

The Scheme is available to Ordinary, Life and Incorporated Legal Practice members. To notify the Law Society of your participation you need to complete and return the Professional Standards Scheme participation information – New Member form together with payment.

Renewing members are required to complete and return the Professional Standards Scheme Participant Information – Renewing Member form. Payment will be made via the Law Society Membership Renewal invoice.

A fee of $50 (per annum) GST exempt, to be remitted to the Professional Standards Council, will be payable for each Participating Member, including ILPs.

To join the Law Society as an Ordinary or ILP member please visit lawsocietywa.asn.au/join

Exemption

This is an opt-out Scheme which, subject to the provisions of the Professional Standards Act 1997 (WA) applies to Law Society members. However, the Scheme provides for circumstances in which members may be exempt and can apply for exemption by completing the Application for Exemption form.

Higher Maximum Amount

The Law Society has discretionary authority, on application by a participating member, to specify a higher maximum amount of liability.

Disclosure

Participating members need to disclose their limited liability status. Non-disclosure is an offence under the Professional Standards Act 1997 (WA). Further information regarding disclosure is available in the Professional Standards Scheme Guide, and on the Professional Standards Council website.

Helpful Resources

Further Information

If the Professional Standards Scheme Guide does not address your query, please contact the Scheme Coordinator on (08) 9324 8653 or pss@lawsocietywa.asn.au.