Freedom to Choose Legal Representative in TMF Matters

Some clients may be of the understanding that the TMF makes the selection as to who will act for an Agency or must approve the selection that an Agency makes. In fact the TMF arrangement allows Agencies to elect who will act for them and to inform the TMF accordingly. While the TMF has “taken over” matters for GST purposes, this was not intended to, and does not, deprive Agencies of the ability to choose their legal representative. In any legal matter funded by the TMF where the Crown Solicitor or another legal service provider act, all invoices for legal services and disbursements are paid for by the TMF although the Agency must certify the invoices as to work performed.

The Premier has directed that certain legal work (core legal work) is to be referred to the Crown Solicitor, namely, matters which;
(a) have implications for Government beyond an individual Minister’s portfolio;
(b) involve the constitutional powers and privileges of the State and/or Commonwealth;
(c) raise issues which are fundamental to the responsibility of Government; or
(d) arise from, or relate to, matters falling within the Attorney General’s area of responsibility.

See Premier’s Memorandum No 95-39 ‘Arrangements for seeking legal advice from the Crown Solicitor’s Office.’

The Crown Solicitor is to act or arrange representation by others in such matters whether the source of funding is the TMF, the solvency fund, the Agency’s legal budget or the Core Fund administered by the Director-General, Attorney General’s Department. Access to the Core Fund is determined by criteria such as the status of the Agency and the type of work to be performed.

We invite you to consider the choice that you have in terms of instructing the Crown Solicitor in your legal matters and any questions that you may have about the source of funding for matters. more...

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The Crown Solicitor provides legal services to the State Government of New South Wales, including its Ministers, public servants, departments and agencies. These services are provided on a commercial basis and include the conduct of litigation, the provision of legal advice, representation in courts and tribunals and drafting of legal documents and agreements.

As public law specialists the Crown Solicitor and his staff are uniquely positioned to offer quality legal services at the most competitive prices. No-one understands your business and its challenges better. Our knowledge of Government policy and process, our broad network of contacts, plus our extensive legal research databases enable us to identify problems and offer innovative service and solutions quickly and professionally.

Crown Solicitor's Office- Client Login Centre
Core and non-core general legal work
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