Document ID: chunk:federal_register_of_legislation:F2018L00031:reg:16
Version: federal_register_of_legislation:F2018L00031
Segment Type: reg
Provision Reference: reg 16
Character Range: 12599–14917

16   Communication
(1)     Prior to undertaking any work for a client, a registered attorney must ensure that the client is, or previously has been, clearly informed in writing of the following matters:
(a)     that the registered attorney is registered as a patent attorney, a trade marks attorney or both, and is bound by this code; and
(b)     that the registered attorney has appropriate competency to perform the work, including by drawing on technical expertise; and
(c)     the procedures, timing and estimated cost of doing the work; and
(d)     whether the registered attorney is an incorporated company and, if it is, whether the company is public or private; and
(e)     where the registered attorney is a member of an ownership group – that fact and the identity of the other members of that group.

(2)     A registered attorney is not required to comply with paragraphs (1)(a), (b) and (c) if:
(a)     the client is also represented by a foreign-registered attorney and the registered attorney is dealing with the client by dealing with the foreign-registered attorney; or
(b)     the registered attorney has been requested to do work for the client by another registered attorney and the other registered attorney continues to act for the client in the work.

(3)     A registered attorney is not required to comply with paragraphs (1)(d) and (e) if:
(a)     the client is also represented by a foreign-registered attorney, the registered attorney is dealing with the client by dealing with the foreign-registered attorney and the registered attorney has provided the information specified in paragraphs (1)(d) and (e) to the foreign-registered attorney; or
(b)     the registered attorney has been requested to do work for the client by another registered attorney, the other registered attorney continues to act for the client in the work and the registered attorney has provided the information specified in paragraphs (1)(d) and (e) to the other registered attorney.

(4)     Where any of the matters specified in subsection (1) become materially different from those that were, or that should have been, previously notified to a person to whom the registered attorney is required by this section to notify them, the registered attorney must clearly inform that person in writing of the changes.