—(1) The management of the Society and of its funds shall be vested in the Council.
(2) All such powers, acts or things as are not by this Act expressly authorised, directed or required to be exercised or done by the Society in a general meeting may, subject to the provisions of this Act or any resolution passed from time to time by the Society in the general meeting, be exercised or done by the Council.
(3) No resolution of the Society passed under subsection (2) shall invalidate the previous exercise of any power or the previous doing of any act or thing by the Council which would have been valid if the resolution had not been passed.
—(1) Without prejudice to the general powers conferred by section 58 or the specific powers to make rules conferred by any other provision of this Act, the Council shall have power —
to make rules to provide for all matters not expressly reserved to the Society in general meeting whether they are expressed among its powers or not;
to answer questions affecting the practice and etiquette of the profession and the conduct of members thereof;
to take cognizance of anything affecting the Society or the professional conduct of its members and to bring before any general meeting of the Society any matter which it considers material to the Society or to the interests of the profession and make any recommendations and take such action as it thinks fit in relation thereto;
to examine and if it thinks fit to report upon current or proposed legislation submitted to it and any other legal matters;
to represent members of the Society or any section thereof in any matter which may be necessary or expedient;
to found prizes and scholarships for students of law and to lay down the conditions for their award as it thinks fit;
to appoint in its discretion such officers, clerks, agents and servants for permanent, temporary or special services as it may from time to time think fit and to determine their duties and terms of service;
to purchase, rent or otherwise acquire and furnish suitable premises for the use of the Society;
to communicate from time to time with other similar bodies and with members of the profession in other places for the purpose of obtaining and communicating information on all matters likely to prove beneficial or of interest to members;
to institute, conduct, defend, compound or abandon any legal proceedings by and against the Society or its officers or otherwise concerning the affairs of the Society and to compound and allow time for payment or satisfaction of any debts due or of any claims or demands made by or against the Society;
to refer any claims or demands by or against the Society to arbitration and to observe and perform every award made as a result of the arbitration and to nominate arbitrators if so requested;
to make and give receipts, releases and other discharges for moneys payable to and for claims and demands of the Society;
to invest the moneys of the Society in such manner as it thinks fit and engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment;
to form or participate in the formation of any company for the purpose of carrying out all or any of the functions of the Society;
from time to time to borrow or raise money by bank overdraft or otherwise by the issue of debentures or any other securities founded or based upon all or any of the property and rights of the Society or without any such security and upon such terms as to priority or otherwise as the Council thinks fit; and
to exercise all such powers, privileges and discretions as are not by this Act expressly and exclusively required to be exercised by the members of the Society in general meeting.
[30/86; 40/96; 45/2004]
(2) Rules made by the Council under this section shall not come into operation until they have been approved by the Chief Justice.
—(1) The Council may appoint one or more committees for any such general or special purpose as in the opinion of the Council may be better regulated or managed by means of a committee.
(2) The Council may delegate to any committee so appointed, with or without restrictions or conditions, as it thinks fit, the exercise of any functions exercisable by the Council.
(3) The number and term of office of the members of a committee appointed under this section, and the number of those members necessary to form a quorum, shall be fixed by the Council.
(4) A committee appointed under this section may include persons who are not members of the Council.
(5) If the Council delegates to a committee appointed under this section any of the functions exercisable by the Council, at least half the members of that committee (including the chairman thereof) shall be members of the Council.
Power of Council to inspect files of proceedings in bankruptcy of solicitor or winding up of law corporation or limited liability law partnership
61. The Council shall be entitled —
without payment of any fee, to inspect —
the file of proceedings in bankruptcy relating to any solicitor against whom proceedings in bankruptcy have been taken; or
the file of winding up proceedings against a law corporation or a limited liability law partnership; and
to be supplied with office or certified copies of the proceedings on payment of the usual charge for those copies.
—(1) The Council may on behalf of the Society accept, by way of grant, gift, testamentary disposition or otherwise, property or moneys in aid of the finances or purposes of the Society on such conditions as it may determine.
(2) Registers shall be kept of all donations to the Society including the names of donors and any special conditions on which any donation may have been given.
(3) All property, moneys or funds donated to the Society for any specific purpose shall, subject to the law relating to charities, be applied and administered in accordance with the purposes for which they may have been donated and shall be separately accounted for.