Document ID: chunk:federal_register_of_legislation:F2018L00031:reg:21
Version: federal_register_of_legislation:F2018L00031
Segment Type: reg
Provision Reference: reg 21
Character Range: 18081–19200

21   Independence
(1)     Where a registered attorney is a member of an ownership group, a client of any member of the group of which the registered attorney is not independent is considered to be a client of the registered attorney for the purposes of sections 19 and 20.

(2)      For the purposes of subsection (1), a registered attorney that is a member of an ownership group will not be regarded as independent of another member of the group unless the registered attorney operates independently of that other member in the provision to clients of attorney professional services.

(3)     Notwithstanding subsection (2), a registered attorney that is a member of an ownership group must not act for a client in a matter relating to a proceeding before a court, a tribunal, a like adjudicative body or an intellectual property office where the registered attorney knows that a client of another member of the group is involved in the matter and that the clients' interests are adverse unless the registered attorney's client in writing has given informed consent to the registered attorney acting in the matter.