{"id":"sl-2007-27","name":"Legal Profession Regulation 2007","slug":"legal-profession-regulation-2007","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"27 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173431,"registerId":"act-sl-2007-27-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nImportant terms Part 2\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Important terms","content":"Part 2 Important terms\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Default decision of associate’s home jurisdiction—Act,","content":"5 Default decision of associate’s home jurisdiction—Act,\ns 10 (4) (b) (iii)\n(1) This section applies to an associate of a law practice who is neither\nan Australian legal practitioner nor an Australian-registered foreign\nlawyer, if—\n(a) the Act, section 10 (4) (b) (What is the home jurisdiction?)\napplies to the associate; and\n(b) the home jurisdiction for the associate can be decided under\nneither the Act, section 10 (4) (b) (i) nor section 10 (4) (b) (ii).\n(2) The home jurisdiction for the associate must be decided in accordance\nwith the following criteria:\n(a) the jurisdiction of the associate’s place of residence in Australia;\n(b) if the associate does not have a place of residence in Australia—\nthe jurisdiction of the associate’s last place of residence in\nAustralia.\n\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"Reservation of legal work and","content":"Part 3 Reservation of legal work and\nlegal titles\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Declaration of exempt person—certain supervised","content":"6 Declaration of exempt person—certain supervised\nemployees—Act, s 16 (4) (e)\n(1) This section applies to a person who—\n(a) is an employee of an ActewAGL-linked corporation; and\n(b) engages in legal practice; and\n(c) is supervised by another employee who holds an unrestricted\npractising certificate.\n(2) The Act, section 16 does not apply to the person if the person is\nengaged in legal practice for the purpose of giving legal advice or\nlegal services to an ActewAGL-linked corporation (or a related body\ncorporate of an ActewAGL-linked corporation) in relation to the\ncorporation’s functions.\nActewAGL-linked corporation means any of the following:\n(a) Icon Distribution Investments Limited (ACN 073 025 224);\n(b) AGL ACT Retail Investments Pty Ltd (ACN 093 631 586);\n(c) Jemena Networks (ACT) Pty Ltd (ACN 008 552 663).\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Declaration of exempt person—member of organisation","content":"7 Declaration of exempt person—member of organisation\nrepresenting veterans—Act, s 16 (4) (e)\n(1) This section applies to a person who—\n(a) is a member of an organisation representing veterans; and\n(b) engages in legal practice; and\n(c) represents a member or former member of the defence force.\n(2) The Act, section 16 does not apply to the person if—\n(a) the person provides legal services without fee, gain or reward to\na member or former member of the defence force—\n(i) for the purpose of assisting the member or former member\nin relation to a claim or application for a benefit under\nveterans’ entitlement legislation; or\n(ii) by acting as an advocate for the member or former member\nin a proceeding in a court or tribunal relating to an action,\nor a claim or application for a benefit, under veterans’\nentitlement legislation; and\n(b) the person is indemnified against any loss the member or former\nmember suffers as a result of the provision of the legal services.\ndefence force—see the Defence Act 1903 (Cwlth), section 30.\nmember, of the defence force—see the Defence Act 1903 (Cwlth),\nsection 4 (1).\norganisation representing veterans—see the Veterans’ Entitlements\nAct 1986 (Cwlth), section 5Q (1).\nveterans’ entitlement legislation means the following:\n(a) Defence Act 1903 (Cwlth);\n(b) Military Rehabilitation and Compensation Act 2004 (Cwlth);\n\n(c) Military Rehabilitation and Compensation (Consequential and\nTransitional Provisions) Act 2004 (Cwlth);\n(d) Safety, Rehabilitation and Compensation (Defence-related\nClaims) Act 1988 (Cwlth), part 11 (except section 144 (4) and\nsection 149);\n(e) Veterans’ Entitlements Act 1986 (Cwlth);\n(f) Veterans’ Entitlements (Clarke Review) Act 2004 (Cwlth).\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Presumptions about taking or using certain names, titles","content":"8 Presumptions about taking or using certain names, titles\nor descriptions—Act, s 18 (2)\n(1) The kind of person mentioned in an item in table 8, column 3 is\nentitled, in the circumstances mentioned in column 4 of the item to\ntake or use a name, title or description mentioned in column 2 of the\nitem.\nAustralian law means a law of the Commonwealth or a State or\nTerritory.\nemployee, of an entity, means a person who is employed or engaged\nunder a contract of service or contract for services in or by the entity,\nwhether or not—\n(a) the person works full-time, part-time, or on a temporary or\ncasual basis; or\n(b) the person is employed as a law clerk.\n\nTable 8\nitem\n1 lawyer Australian lawyer all (no restriction)\n2 lawyer Australian-\nregistered foreign\nlawyer\n3 legal\nAustralian legal\n4 legal\nlegal practice as an\nemployee of a\n5 • barrister\nand\nsolicitor\nand\nbarrister\n• attorney\nAustralian legal\nwhen the Australian\nlegal practitioner holds\ncertificate and engages\nin legal practice in the\nmanner of a solicitor\n\nitem\n6 • barrister\nand\nsolicitor\nand\nbarrister\n• attorney\nlegal practice in the\nmanner of a solicitor as\nan employee of a\n7 barrister local legal\nwhen the local legal\npractitioner holds a local\npractising certificate that\nrestricts the practitioner\nto legal practice in the\nmanner of a barrister\n8 barrister interstate legal\nwhen the interstate legal\npractitioner holds an\ncertificate and engages\nin legal practice in the\nmanner of a barrister\n\nitem\n9 barrister Australian lawyer when the Australian\nlegal practice in the\nmanner of a barrister as\nan employee of a\n10 counsel Australian legal\n11 counsel Australian lawyer when the Australian\nlegal practice as an\nemployee of a\n\nitem\n12 counsel Australian lawyer when the Australian\ncertificate, provides legal\nservices to their\nemployer, or to a related\nentity, in the ordinary\ncourse of their\nemployment and for no\nfee, gain or reward other\nthan their ordinary\nremuneration as an\nemployee\n","sortOrder":6},{"sectionNumber":"13","sectionType":"section","heading":"Senior","content":"13 Senior\nCounsel or\nSC\nlawyer holds the status\nof Senior Counsel, as\nrecognised by the High\nCourt or a Supreme\nCourt of any jurisdiction\n14 • Queen’s\nor QC\n• King's\nor KC\n• Her\nMajesty’s\n• His\nMajesty’s\nlawyer holds the\nappropriate status as\ngiven by the Crown in\nany capacity or as\nrecognised by the High\nCourt or the Supreme\nCourt of a jurisdiction\n\nitem\n15 attorney Australian-\nregistered foreign\nlawyer\nwhen entitled to use the\nname, title or description\nunder the Act, section\n160 (Designation of\nAustralian-registered\nforeign lawyers)\n16 attorney patent attorney when using the\nexpression ‘patent\nattorney’\n17 attorney donee of a power\nof attorney\nwhen indicating that the\ndonee holds or is acting\nunder a power of\nattorney\n18 attorney Attorney-General\nof a jurisdiction\nor a foreign\ncountry\n19 solicitor Solicitor-General\nof a jurisdiction\nor a foreign\ncountry\n\n","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Legal practice—Australian legal","content":"Part 4 Legal practice—Australian legal\npractitioners\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Application of Act, s 50 to certain practitioners—Act,","content":"9 Application of Act, s 50 to certain practitioners—Act,\ns 33 (2)\n(1) The Act, section 50 (Statutory condition about practice as a solicitor)\ndoes not apply to an in-house lawyer in relation to the provision of\nin-house legal services for a corporation (other than an incorporated\nlegal practice) by which the lawyer is employed.\n(2) The Act, section 50 does not apply to a government lawyer in relation\nto the exercise of the lawyer’s official functions as a government\nlawyer.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Criteria for grant or renewal of unrestricted practising","content":"10 Criteria for grant or renewal of unrestricted practising\ncertificate—Act, s 35\n(1) An applicant for the grant or renewal of an unrestricted practising\ncertificate must be a person qualified as set out in table 10.\nTable 10\nitem\n","sortOrder":10},{"sectionNumber":"1","sectionType":"section","heading":"A person who holds an unrestricted practising certificate in","content":"1 A person who holds an unrestricted practising certificate in\nrelation to a period ending on 30 June in the year in which\nthe person applies for renewal of the certificate.\n","sortOrder":11},{"sectionNumber":"2","sectionType":"section","heading":"A person who—","content":"2 A person who—\n(a) held an unrestricted practising certificate\nduring the relevant 5-year period; and\n(b) has retained such a level of professional skill\nthat it is appropriate that a further unrestricted\npractising certificate be issued to the person.\n\nitem\n","sortOrder":12},{"sectionNumber":"3","sectionType":"section","heading":"A person who—","content":"3 A person who—\n(a) has not previously held an unrestricted\npractising certificate; and\n(b) during the relevant 5-year period, has, for a\nperiod of not less than 2 years or for periods\nthat total not less than 2 years—\n(i) been employed in a jurisdiction under\narticles of clerkship; or\n(ii) been engaging in legal practice in a\njurisdiction as an employee of a\nsolicitor who holds an unrestricted\npractising certificate in a law firm,\nincorporated legal practice or\nmultidisciplinary partnership; or\n(iii) been engaging in legal practice as a\ngovernment lawyer; or\n(iv) been engaging in legal practice as an\nin-house lawyer; or\n(v) practised in a jurisdiction as a\nsolicitor, either on the person’s own\naccount or in partnership with another\nlegal practitioner; or\n(vi) been employed, or engaged in legal\npractice in any 2 or more of the\ncapacities mentioned in subparagraphs\n(i), (ii), (iii) and (v); and\n(c) has attained such a level of professional skill,\n\nitem\n4 A person who—\n(a) has during the relevant 5-year period—\n(i) practised in a jurisdiction as a barrister\nfor a period of not less than 2 years; or\n(ii) practised in a jurisdiction as a barrister\nfor a period of not less than 1 year and\nbeen employed, performed work or\npractised in any 1 or more of the\ncapacities mentioned in item 3,\ncolumn 2, paragraph (b) for a period\nof not less than 1 year or for periods\nthat total not less than 1 year; and\n(b) has attained such a level of professional skill,\n5 A person who—\n(a) has previously held a practising certificate; and\n(b) has attained such a level of professional skill,\n6 A person who—\n(a) is a New Zealand barrister and solicitor; and\n(b) has for a continuous period of not less than\n6 months after the person’s admission in the\nACT been employed in the ACT by a legal\npractitioner; and\n(c) has attained such a level of professional skill,\n\nrelevant 5-year period, in relation to an applicant for an unrestricted\npractising certificate, means the period of 5 years immediately before\nthe day the person makes the application.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Period for applying for renewal of local practising","content":"12 Period for applying for renewal of local practising\ncertificate—Act, s 43\nThe period for making an application for renewal of a local practising\ncertificate is the period beginning on 1 April and ending—\n(a) on 31 May before the certificate ends; or\n(b) if the relevant council is satisfied there are exceptional\ncircumstances—after 31 May but before the certificate ends.\n13 Period of supervised legal practice—Act, s 50 and s 75\n(1) For the Act, section 50 (Statutory condition about practice as a\nsolicitor), the period of supervised legal practice is—\n(a) if the practitioner completed practical legal training principally\nunder the supervision of an Australian lawyer, whether\ninvolving articles of clerkship or otherwise, to qualify for\nadmission to the legal profession in the ACT or another\njurisdiction—a period or periods equivalent to 18 months,\nworked out under this section, after the day the practitioner’s\nfirst practising certificate was granted; or\n(b) if the practitioner completed other practical legal training to\nqualify for admission to the legal profession in the ACT or\nanother jurisdiction—a period or periods equivalent to 2 years,\nworked out under this section, after the day the practitioner’s\nfirst practising certificate was granted.\n\n(2) For subsection (1) and the Act, section 75 (Special provisions about\ninterstate legal practitioner engaging in unsupervised legal practice in\nACT), completion by a person of a period or periods of supervised\nlegal practice equivalent to the required period of 18 months or 2\nyears must be worked out by satisfying the requirements of this\nsection.\n(3) To satisfy the requirements of this section, a person must complete—\n(a) 1 period of supervised legal practice, worked on a full-time\nbasis, that is equal to the required period; or\n(b) 1 period of supervised legal practice, worked on a part-time\nbasis, that is equivalent to the required period; or\n(c) 2 or more periods of supervised legal practice, worked on either\nor both of those bases, that together are equal or equivalent to\nthe required period.\n(4) In working out a period of supervised legal practice for a person for\nthis section—\n(a) a public holiday in the period is included as a day of supervised\nlegal practice whether or not the person engaged in legal practice\non the day; and\n(b) normal periods of leave taken in the period by the person are\nincluded as periods of supervised legal practice.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Suspending or cancelling local practising certificate—","content":"14 Suspending or cancelling local practising certificate—\nadditional grounds—Act, s 55 (2)\n(1) Each of the following is a ground for suspending a local practising\n(a) the holder fails to pay any fine, or any costs, fees or expenses,\npayable by the holder under the Act;\n(b) if requested, in writing, by the relevant council to explain stated\nconduct by the holder as a legal practitioner, the holder fails,\nwithout reasonable excuse, to give a reasonable written\nexplanation to the council about the conduct;\n(c) for the holder of an unrestricted practising certificate—a report\nunder the Act, section 237 (Investigator’s report) or the Act,\nsection 247 (External examiner’s report) discloses a deficiency\nin any trust money of a law practice of which the practitioner is\nan associate and for which the practitioner did not have a\nreasonable excuse;\n(d) the holder fails to comply with a direction of the relevant council\nunder the Act, section 413 (2) (d) (Summary conclusion of\ncomplaint procedure by fine etc);\n(e) the holder fails to comply with an order of the ACAT under the\nAct, section 425 (5) (b), (c), (d), (e) or (h) (ACAT orders—\nAustralian legal practitioners);\n(f) the holder fails to comply with an order of the ACAT under the\nAct, section 429 (a) or (b) (ACAT orders—employees of\nsolicitors).\n\n(2) Each of the following is a ground for cancellation of a local practising\n(a) the holder is sentenced to a term of imprisonment;\n(b) for the holder of an unrestricted practising certificate—the\nholder becomes bankrupt or executes a personal insolvency\nagreement.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Particulars for register of local practising certificates—","content":"15 Particulars for register of local practising certificates—\nAct, s 79 (2)\n(1) The particulars mentioned in subsection (2) and (3) are prescribed as\nparticulars to be included in the register under the Act, section 79\n(Register of local practising certificates) in relation to a local legal\npractitioner, unless the relevant council is required under\nsubsection (5) not to include them.\n(2) The following are particulars applying in relation to all local legal\npractitioners:\n(a) the name of the local legal practitioner;\n(b) the kind of local practising certificate granted to the practitioner;\n(c) any other particulars that the relevant council considers should\nbe included.\n(3) The following are particulars applying in relation to a local legal\npractitioner who holds a restricted or unrestricted practising\n(a) the name of the law practice of which the practitioner is an\nassociate or, if the practitioner is not an associate of a law\npractice, the name of the entity of which the practitioner is a\ndirector, officer or employee or with which the practitioner is\notherwise engaged in legal practice;\n\n(b) by way of separate entry, the name of the law practice or other\nentity mentioned in paragraph (a) and the contact details of the\noffice of the law practice or other entity—\n(i) in the ACT; and\n(ii) in the other jurisdictions where it has an office, unless the\nrelevant council considers that the particulars need not be\nincluded for an entity that is not a law practice;\n(c) any other particulars about the practitioner, or the law practice\nor other entity mentioned in paragraph (a), that the relevant\ncouncil considers should be included.\n(4) A local legal practitioner may ask the relevant council, in writing, not\nto include in the register stated particulars about the practitioner, or a\nlaw practice or other entity, on the ground that special circumstances\njustify the particulars not being publicly available.\nExample—special circumstances\nif the safety or wellbeing of someone would be substantially affected by making\nthe particulars publicly available\n(5) If the relevant council is satisfied that the special circumstances exist,\nthe relevant council is required not to include the particulars in the\nregister unless the relevant council considers that the public interest\nin maintaining public access to the particulars outweighs any\nindividual interest in the particulars not being publicly available.\ncontact details, for a law practice or other entity, means—\n(a) its street address, that is, the address where it is physically\nlocated; and\n(b) its postal address, that is, its post office box number (if any) and\nthe location and postcode of the post office where the box is\nkept; and\n\n(c) its DX address, that is, the number of its exchange box (if any)\nin a document exchange.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Prescribed agency––Act, dict, def government agency,","content":"16 Prescribed agency––Act, dict, def government agency,\npar (b)\nThe Australian Government Solicitor, established under the Judiciary\nAct 1903 (Cwlth), is a government agency.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Corporations that are not incorporated legal practices—","content":"18 Corporations that are not incorporated legal practices—\nAct, s 101 (2) (f)\n(1) The following corporations are not incorporated legal practices:\n(a) the law society;\n(b) the bar association;\n(c) an ActewAGL-linked corporation.\nActewAGL-linked corporation—see section 6 (3).\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Prohibition on conduct of managed investment scheme","content":"19 Prohibition on conduct of managed investment scheme\nby incorporated legal practice—Act, s 102 (2)\n(1) The Act, section 102 (2) is declared to be a Corporations legislation\ndisplacement provision for the purposes of the Corporations Act,\nsection 5G in relation to the Corporations legislation.\nCorporations legislation—see the Corporations Act, section 9.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Period of notice of ceasing to practice—Act, s 106 (1) (b)","content":"20 Period of notice of ceasing to practice—Act, s 106 (1) (b)\nThe period of notice for a corporation is not later than 14 days after\nthe day it ceases to engage in legal practice in the ACT.\n\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Disqualifications and prohibitions—Act, s 122 (10),","content":"21 Disqualifications and prohibitions—Act, s 122 (10),\ns 123 (5) and s 148 (5)\n(1) This section applies to the following orders:\n(a) an order made under the Act, section 122 (Banning of\nincorporated legal practices);\n(b) an order made under the Act, section 123 (Disqualification from\nmanaging incorporated legal practice);\n(c) an order made under the Act, section 148 (Prohibition on\nmultidisciplinary partnerships with certain partners who are not\nAustralian legal practitioners).\n(2) The law society council, or, for an order under the Act, section 122,\nthe regulator of another jurisdiction (within the meaning of that\nsection), may publicise the order in any way the council or regulator\nconsiders appropriate.\n(3) The law society council—\n(a) must, as soon as practicable after the order is made, give written\nnotice of the order to the corresponding authority of every other\njurisdiction; and\n(b) may give written notice of the order to any other regulatory\nauthority of any jurisdiction.\nNote If a form is approved by the law society council under the Act, s 583 for\nthis provision, the form must be used.\n(4) A notice for an order made in relation to a corporation under the Act,\nsection 122 must state—\n(a) the corporation’s name; and\n(b) the Australian company number (ACN) of the corporation; and\n\n(c) the office or business address of the corporation last known to\nthe law society council; and\n(d) the date of the order.\n(5) A notice for an order made in relation to a person under the Act,\nsection 123 or section 148 must state—\n(a) the person’s name; and\n(b) the person’s address last known to the law society council; and\n(c) the date of the order.\n(6) A notice may also—\n(a) contain other relevant information; and\n(b) be accompanied by a copy or summary of, or extract from, the\norder.\n(7) No civil liability (including liability in defamation) is incurred by a\nprotected person in relation to anything done or omitted to be done\nhonestly for the purpose of this section.\n(8) In this section:\nprotected person means any of the following:\n(a) the law society;\n(b) a member of the law society council;\n(c) any member of the staff of the law society;\n(d) the regulator of another jurisdiction;\n(e) a person responsible for keeping a register or any similar record,\nor any part of a register or similar record, in or by which an order\nis publicised;\n\n(f) an internet service provider or internet content host;\n(g) a person acting at the direction of the Territory or of an entity\nmentioned in this definition.\n\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Scope of practice—Act, s 157 (1) (b) and (d)","content":"22 Scope of practice—Act, s 157 (1) (b) and (d)\n(1) For the Act, s 157 (1) (b), the following arbitration proceedings are\nkinds of arbitration proceedings in relation to which an\nAustralian-registered foreign lawyer may provide legal services\n(including appearances):\n(a) an arbitration proceeding in which the arbitrator is not required\nto apply the rules of evidence;\n(b) an arbitration proceeding in which knowledge of Australian law\nis not essential.\n(2) For the Act, s 157 (1) (d), all forms of dispute resolution are kinds of\ndispute resolution in relation to which an Australian-registered\nforeign lawyer may provide legal services, except to the extent that\nparticipation in the dispute resolution is restricted to people that do\nnot include Australian-registered foreign lawyers by—\n(a) the provisions of other legislation applying to the dispute\nresolution; or\n(b) the requirements of an entity responsible for the dispute\nresolution; or\n(c) the provisions of a contract that provides for the dispute\nresolution.\ndispute resolution means conciliation, mediation and other forms of\nconsensual dispute resolution.\n\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Trust money and trust accounts—Act, s 164 (2)","content":"23 Trust money and trust accounts—Act, s 164 (2)\nThe following provisions apply to Australian-registered foreign\nlawyers as if a reference in the provisions to a law practice or an\nAustralian legal practitioner were a reference to an\nAustralian-registered foreign lawyer:\n(a) part 6 (Trust money and trust accounts);\n(b) the Act, part 3.1 (Trust money and trust accounts);\n(c) any other provision of the Act (other than part 3.4 (Fidelity\ncover)) relating to trust money and trust accounts;\n(d) any provision of the legal profession rules relating to trust\nmoney and trust accounts.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Disclosure statements for professional indemnity","content":"24 Disclosure statements for professional indemnity\ninsurance—Act, s 165 (5B)\nA disclosure statement must—\n(a) be in English or, if the client does not have a reasonable\nunderstanding of English, in another language of which the\nclient has a reasonable understanding; and\n(b) state that the lawyer is covered by professional indemnity\ninsurance, but that the insurance does not conform with the\nrequirements for professional indemnity insurance applicable to\nlocal legal practitioners or interstate legal practitioners; and\n(c) if the insurance covers the lawyer for less than the relevant\namount for the Act, section 165—state the amount for which the\nlawyer is covered by professional indemnity insurance; and\n(d) state the insurer by whom the insurance cover is provided; and\n(e) indicate whether or not the insurance is provided in conformity\nwith the requirements of a corresponding foreign law or the\nrequirements of a foreign registration authority.\n\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Contributions to fidelity fund—Act, s 166","content":"25 Contributions to fidelity fund—Act, s 166\n(1) The Act, section 323 (Contributions to fidelity fund) applies to a\nlocally-registered foreign lawyer practising foreign law in the ACT\nas an associate of a law practice in the same way as it applies to a\nsolicitor.\n(2) However, the amount payable by the locally-registered foreign\nlawyer is the amount payable by a solicitor, other than an interstate\nlegal practitioner.\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Levy to supplement fidelity fund—Act, s 166","content":"26 Levy to supplement fidelity fund—Act, s 166\nThe Act, section 324 (Levy to supplement fidelity fund) applies to a\nlocally-registered foreign lawyer practising foreign law in the ACT\nas an associate of a law practice in the same way as it applies to a\nlocal legal practitioner.\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Locally-registered foreign lawyers not covered by fidelity","content":"27 Locally-registered foreign lawyers not covered by fidelity\nfund\n(1) This section applies to a locally-registered foreign lawyer practising\nforeign law in the ACT otherwise than as an associate of a law\n(2) The foreign lawyer may not practise foreign law in the ACT on behalf\nof a client unless the lawyer has provided the client with a disclosure\nstatement in relation to the lawyer’s lack of cover by the fidelity fund.\n(3) A disclosure statement must—\n(a) be in writing; and\n(b) be in English or, if the client does not have a reasonable\nunderstanding of English, in another language of which the\nclient has a reasonable understanding; and\n\n(c) state that the lawyer is not covered by the fidelity fund in relation\nto the practice of foreign law in the ACT; and\n(d) state that Australian legal practitioners generally are covered by\nthe fidelity fund.\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Particulars for register of locally-registered foreign","content":"28 Particulars for register of locally-registered foreign\nlawyers—Act, s 201\n(1) The particulars mentioned in subsections (2) and (3) are prescribed as\nparticulars to be included in the register under the Act, section 201\n(Register of locally-registered foreign lawyers) in relation to a\nlocally-registered foreign lawyer, unless the relevant council is\nrequired under subsection (5) not to include them.\n(2) The following are the particulars:\n(a) the name of the foreign lawyer;\n(b) the contact details of the office of the foreign lawyer in the ACT;\n(c) any other particulars that the relevant council considers should\nbe included.\n(3) For a foreign lawyer who practices in the manner of a solicitor, the\nfollowing are additional particulars:\n(a) the name of the partnership of which the lawyer is a member or\nemployee or, if the lawyer is not a member or employee of a\npartnership, the name of the entity of which the lawyer is a\ndirector, officer or employee or with which the lawyer is\notherwise engaged in legal practice;\n\n(b) by way of separate entry, the name of the partnership or other\nentity and the contact details of the office of the partnership or\nother entity—\n(i) in the ACT; and\n(ii) in any other jurisdictions where it has an office, except if\nthe relevant council considers those particulars need not be\nincluded for an entity that is not a law practice;\n(c) details of the foreign registration authority or authorities by\nwhich the lawyer is registered to engage in legal practice in a\nforeign country or foreign countries;\n(d) any other particulars about the lawyer, partnership or other\nentity that the relevant council considers should be included.\n(4) A locally-registered foreign lawyer may ask the relevant council, in\nwriting, not to include in the register stated particulars about the\nlawyer, partnership or other entity, on the ground that special\ncircumstances justify the particulars not being publicly available.\nExample—special circumstances\nif the safety or wellbeing of someone would be substantially affected by making\nthe particulars publicly available\n(5) If the relevant council is satisfied that the special circumstances exist,\nthe relevant council is required not to include the particulars in the\nregister unless the relevant council considers that the public interest\nin maintaining public access to the particulars outweighs any\nindividual interest in the particulars not being publicly available.\ncontact details for an office means—\n(a) its street address, that is, the address where it is physically\nlocated; and\n\n(b) its postal address, that is, its post office box number (if any) and\nthe location and postcode of the post office where the box is\nkept; and\n(c) its DX address, that is, the number of its exchange box (if any)\nin a document exchange.\n\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Application—pt 6","content":"29 Application—pt 6\nThis part has effect for the Act, part 3.1 (Trust money and trust\naccounts) and applies to a law practice in relation to—\n(a) trust money received by the practice in the ACT, unless the\npractice has an office in 1 or more other jurisdictions but not in\nthe ACT; and\n(b) trust money received by the practice in another jurisdiction, if\nthe practice has an office in the ACT but in no other jurisdiction;\nand\n(c) trust money received by the practice in another jurisdiction, if\nthe practice has an office in—\n(i) the ACT; and\n(ii) 1 or more other jurisdictions but not in the jurisdiction in\nwhich the money was received;\nunless the money is dealt with in accordance with the corresponding\nlaw of a jurisdiction in which the practice has an office.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Definitions—pt 6","content":"30 Definitions—pt 6\nIn this part:\nBSB number (Bank State Branch number) means the number\nassigned to identify a particular branch of a particular ADI.\nmatter description means a brief phrase or expression assigned by a\nlaw practice to describe a matter.\n\nComputerised accounting systems Division 6.2\nmatter reference means a number or other reference assigned by a\nlaw practice to identify a matter.\nNote 1 Deposit record is defined in the Act, s 210 (1).\nNote 2 Trust money is defined in the Act, dict.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Conditions on approval of ADIs—Act, s 250 (2)","content":"31 Conditions on approval of ADIs—Act, s 250 (2)\nThe kinds of conditions that may be imposed on an approval of an\nADI under the Act, section 250 (Approval of ADIs for pt 3.1) are\nconditions that provide for, or conditions that require arrangements to\nbe negotiated and entered into between the ADI and the law society\ncouncil that provide for, 1 or more of the following:\n(a) the payment of interest to the law society council on the whole\nor part of deposits in trust accounts;\n(b) the way in which the law society council is told about amounts\nheld in trust accounts;\n(c) the auditing of balances in trust accounts;\n(d) the keeping of any trust accounts or only trust accounts of a\nparticular class (for example, controlled money accounts);\n(e) any matters relevant to paragraphs (a) to (d).\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Application—div 6.2","content":"32 Application—div 6.2\nThis division applies if a law practice keeps trust records (including\nrecords relating to controlled money) by means of a computerised\naccounting system.\n\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Copies of trust records to be printed","content":"33 Copies of trust records to be printed\n(1) The law practice must print a paper copy of trust records as follows:\n(a) trust account receipts and payments cash books are to be printed\nmonthly as at the end of each named month, unless a copy of the\nbooks as at the end of the named month is kept in electronic form\nthat is readable or reportable on demand;\n(b) reconciliation statements prepared under section 48\n(Reconciliation of trust records) are to be printed as at the end\nof each named month;\n(c) lists of trust account ledgers and their balances are to be printed\nmonthly as at the end of each named month;\n(d) lists of controlled money accounts and their balances are to be\nprinted monthly as at the end of each named month;\n(e) trust ledger accounts, the register of controlled money and the\ntrust account transfer journal are to be printed before they are\narchived or deleted from the system;\n(f) trust ledger account and controlled money account details are to\nbe printed on request by and provided to an investigator.\n(2) The trust records printed monthly as at the end of a named month\nunder subsection (1) (a) to (d) must be printed not later than\n15 working days after the named month.\n(3) The paper copies printed under subsection (1) are to be kept by the\nlaw practice, except if they are printed on request under that\nsubsection.\n(4) The electronic copy of the trust account receipts and payments cash\nbooks under subsection (1) (a) must be kept by the law practice.\n\nComputerised accounting systems Division 6.2\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Chronological record of information to be made","content":"34 Chronological record of information to be made\n(1) The law practice must keep a record, compiled in chronological\nsequence, of the creation, amendment or deletion of information in its\ncomputerised accounting system in relation to the following:\n(a) client name;\n(b) client address;\n(c) matter reference;\n(d) matter description;\n(e) ledger account number or other descriptor.\n(2) The record must be kept by the law practice.\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Requirements about computer accounting systems","content":"35 Requirements about computer accounting systems\n(1) The law practice must ensure that its computerised accounting system\nis not capable of accepting, in relation to a trust ledger account, the\nentry of a transaction resulting in a debit balance to the account,\nunless a contemporaneous record of the transaction is made in a way\nthat enables the production in a permanent form, on demand, of a\nseparate chronological report of all occurrences of that kind.\n(2) The law practice must ensure that the system is not capable of deleting\na trust ledger account unless—\n(a) the balance of the account is zero and all outstanding cheques\nhave been presented; and\n(b) when the account is deleted, a copy of the account is kept in a\npermanent form.\n(3) The law practice must ensure that any entry in a record produced in a\npermanent form appears in chronological sequence.\n(4) The law practice must ensure that each page of each printed record is\nnumbered sequentially or is printed in a way that no page can be\nextracted.\n\n(5) The law practice must ensure that its computerised accounting system\nis not capable of amending the particulars of a transaction already\nrecorded otherwise than by a transaction separately recorded that\nmakes the amendment.\n(6) The law practice must ensure that its computerised accounting system\nrequires input in every field of a data entry screen intended to receive\ninformation required by this part to be included in trust records.\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Backups","content":"36 Backups\nThe law practice must ensure that—\n(a) a backup copy of all records required by this part is made at least\nonce each month; and\n(b) each backup copy is kept by the law practice; and\n(c) a complete set of backup copies is kept in a separate location so\nthat any incident that may adversely affect the records would not\nalso affect the backup copy.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Establishment of general trust account—Act, s 221 (2)","content":"37 Establishment of general trust account—Act, s 221 (2)\n(1) A law practice may at any time establish a general trust account that\nsatisfies the requirements of this section.\n(2) However, a law practice must, as soon as practicable after receiving\ntrust money that is required to be paid into a general trust account,\nestablish a general trust account that satisfies the requirements if the\npractice does not already have a general trust account that satisfies\nthe requirements.\n(3) A general trust account satisfies the requirements of this section if—\n(a) the account is established in the ACT, before or after the\ncommencement of this section, with an approved ADI; and\n\n(b) the account is and must be kept in the ACT; and\n(c) the name of the account includes—\n(i) the name of the law practice or the business name under\nwhich the law practice engages in legal practice; and\n(ii) the expression “law practice trust account” or “law practice\ntrust a/c”; and\n(d) the account is of a kind that is for the time being approved by\nthe law society council.\n(4) Subsection (3) (c) does not apply to an account established in the ACT\n(5) Subsection (3) (c) (ii) does not require the repetition of the words “law\npractice” if those words form part of the name or business name of\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Receipting of trust money","content":"38 Receipting of trust money\n(1) This section applies if a law practice receives trust money that is\nrequired to be paid into a general trust account.\n(2) After receiving the trust money, the law practice must make out a\nreceipt.\n(3) The receipt must be made out as soon as practicable—\n(a) after the trust money is received, except as provided by\nparagraph (b); or\n(b) in the case of trust money received by direct deposit—after the\nlaw practice receives or accesses notice or confirmation (in\nwritten or electronic form) of the deposit from the ADI\nconcerned.\n\n(4) The receipt, containing the required particulars, must be made out in\nduplicate, whether by way of making a carbon copy or otherwise,\nunless at the time the receipt is made out those particulars are\nrecorded by computer program in the trust account receipts cash\nbook.\n(5) For subsection (4), the required particulars are as follows:\n(a) the date the receipt is made out and, if different, the date of\nreceipt of the money;\n(b) the amount of money received;\n(c) the form in which the money was received;\n(e) details clearly identifying the name of the client in relation to\nwhom the money was received and the matter description and\n(g) the name of the law practice, or the business name under which\nthe law practice engages in legal practice, and the expression\n“trust account” or “trust a/c”;\n(h) the name of the person who made out the receipt;\n(i) the number of the receipt.\n(6) The original receipt must be delivered, on request, to the person from\nwhom the trust money was received.\n(7) Receipts must be consecutively numbered and issued in consecutive\nsequence.\n(8) If a receipt is cancelled or not delivered, the original receipt must be\nkept.\n\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Deposit records for trust money","content":"39 Deposit records for trust money\n(1) This section applies if a law practice receives trust money that is\nrequired to be paid into a general trust account and the money is not\npaid into a general trust account by direct deposit.\n(2) A deposit record must be produced to the approved ADI at the time\nthe deposit is made.\n(3) The following particulars must be recorded on the deposit record:\n(a) the date of the deposit;\n(b) the amount of the deposit;\n(c) whether the deposit consists of cheques, notes or coins (and the\namount of each);\n(d) for each cheque:\n(i) the name of the drawer of the cheque;\n(ii) the name and branch (or BSB number) of the ADI on which\nthe cheque is drawn;\n(iii) the amount of the cheque.\n(4) The deposit record must be made out in duplicate, whether by way of\nmaking a carbon copy or otherwise.\n(5) The duplicate deposit record must be kept for each deposit to the\ngeneral trust account and must be kept in a deposit book or be\notherwise securely filed in the order in which the deposits were made.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Direction for non-deposit of trust money in general trust","content":"40 Direction for non-deposit of trust money in general trust\naccount—Act, s 222 (4)\nThe period for which a written direction mentioned in the Act,\nsection 222 (2) (a) must be kept is 7 years after finalisation of the\nmatter to which the direction relates.\n\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Payment by cheque","content":"41 Payment by cheque\n(1) This section applies to the withdrawal of trust money from a general\ntrust account of a law practice by cheque.\n(2) A cheque—\n(a) must be made payable to or to the order of a stated person or\npeople and not to bearer or cash; and\n(b) must be crossed “not negotiable”; and\n(c) must include—\n(i) the name of the law practice or the business name under\nwhich the law practice engages in legal practice; and\n(ii) the expression “law practice trust account” or “law practice\ntrust a/c”.\n(3) A cheque must be signed—\n(a) by an authorised principal of the law practice; or\n(i) by an authorised legal practitioner associate; or\n(ii) by an authorised Australian legal practitioner who holds an\n(iii) by 2 or more authorised associates jointly.\n(4) A written record of the required particulars (which may be in the form\nof a cheque butt) must be kept of each payment made by cheque,\nwhether by way of making a carbon copy or otherwise, unless at the\ntime the cheque is issued those particulars are recorded by computer\nprogram in the trust account payments cash book.\n\n(5) If at the time the cheque is issued the required particulars are recorded\nby computer program in the trust account payments cash book, a\nwritten record must be kept that is sufficient to enable the accuracy\nof the particulars recorded by the computer program to be verified.\n(6) For subsections (4) and (5), the required particulars are as follows:\nin the case of a cheque made payable to an ADI, the name of the\nADI and the name of the person receiving the benefit of the\n(d) details clearly identifying the name of the person on whose\n(e) details clearly identifying the ledger account to be debited;\n(7) Written records relating to payments by cheque (including cheque\nrequisitions) must be kept in the order in which the cheques were\nissued.\n(8) Subsection (2) (c) does not apply to an account established in the ACT\n(9) Subsection (2) (c) (ii) does not require the repetition of the words “law\npractice” if those words form part of the name or business name of\n(10) In this section:\nauthorised means authorised by the law practice to sign cheques\ndrawn on the general trust account.\n\n","sortOrder":41},{"sectionNumber":"42","sectionType":"section","heading":"Payment by electronic funds transfer","content":"42 Payment by electronic funds transfer\n(1) This section applies to the withdrawal of trust money from a general\ntrust account of a law practice by electronic funds transfer.\n(2) An electronic funds transfer must be effected by, under the direction\nof or with the authority of—\n(a) an authorised principal of the law practice; or\n(i) an authorised legal practitioner associate; or\n(ii) an authorised Australian legal practitioner who holds an\n(iii) 2 or more authorised associates jointly.\n(3) A written record of the required particulars must be kept of each\npayment unless at the time the electronic funds transfer is effected\nthose particulars are recorded by computer program in the trust\naccount payments cash book.\n(4) If at the time the electronic funds transfer is effected the required\nparticulars are recorded by computer program in the trust account\npayments cash book, a written record must be kept that is sufficient\nto enable the accuracy of the particulars recorded by the computer\nprogram to be verified.\n(5) For subsections (3) and (4), the required particulars are as follows:\ntransferred and relevant BSB number;\n\n(f) details clearly identifying the ledger account to be debited;\n(6) Written records relating to payments by electronic funds transfer\n(including transfer requisitions) must be kept in the order in which\nthe transfers were effected.\n(7) In this section:\nauthorised means authorised by the law practice to effect, direct or\ngive authority for an electronic funds transfer from the general trust\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Recording transactions in trust account cash","content":"43 Recording transactions in trust account cash\nA law practice that keeps a general trust account must keep the\nfollowing trust account cash books:\n(a) a trust account receipts cash book in accordance with section 44;\n(b) a trust account payments cash book in accordance with\nsection 45.\n\n","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Trust account receipts cash book","content":"44 Trust account receipts cash book\n(1) The following particulars must be recorded in a law practice’s trust\naccount receipts cash book in relation to each receipt of trust money:\n(a) the date a receipt was made out for the money and, if different,\nthe date of receipt of the money;\n(b) the receipt number;\n(c) the amount of money received;\n(d) the form in which the money was received;\n(e) the name of the person from whom the money was received;\n(f) details clearly identifying the name of the client in relation to\nwhom the money was received and the matter description and\n(h) details clearly identifying the ledger account to be credited.\n(2) The date and amount of each deposit in the general trust account must\nbe recorded in the trust account receipts cash book.\n(3) The particulars in relation to receipts must be recorded in the order in\nwhich the receipts are made out.\n(4) The particulars in relation to a receipt must be recorded not later than\n4 working days after the day the receipt was made out.\nIf the receipt is made out on Monday, that day is not counted in working out the day\n\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"Trust account payments cash book","content":"45 Trust account payments cash book\n(1) The following particulars must be recorded in a law practice’s trust\naccount payments cash book in relation to each payment of trust\nmoney by cheque:\nin the case of a cheque made payable to an ADI, the name or\nBSB number of the ADI and the name of the person receiving\nthe benefit of the payment;\n(d) details clearly identifying the name of the person on whose\n(e) details clearly identifying the ledger account to be debited;\n(2) The following particulars must be recorded in a law practice’s trust\naccounts payments cash book in relation to each payment of trust\nmoney by electronic funds transfer:\n\n(f) details clearly identifying the ledger account to be debited;\n(3) The particulars in relation to payments must be recorded in the order\nin which the payments are made.\n(4) The particulars in relation to a payment must be recorded not later\nthan 4 working days after the day the payment was made.\nIf the payment is made on Monday, that day is not counted in working out the day\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Recording transactions in trust ledger accounts","content":"46 Recording transactions in trust ledger accounts\n(1) A law practice that keeps a general trust account must keep a trust\naccount ledger containing separate trust ledger accounts in relation to\neach client of the practice in each matter for which trust money has\nbeen received by the practice.\n(2) The following particulars must be recorded in the title of a trust ledger\naccount:\n(a) the name of the person for or on behalf of whom the trust money\nwas paid;\n(b) the person’s address;\n(c) particulars sufficient to identify the matter in relation to which\nthe trust money was received.\n(3) Details of any changes in the title of a trust ledger account must be\nrecorded.\n\n(4) The following particulars must be recorded in the trust ledger account\nin relation to each receipt of trust money for the matter:\n(a) the date a receipt was made out for the money and, if different,\nthe date of receipt of the money;\n(b) the receipt number;\n(c) the amount of money received;\nmoney was received.\n(5) The following particulars must be recorded in the trust ledger account\nin relation to each payment of trust money by cheque:\nin the case of a cheque made payable to an ADI, the name or\nBSB number of the ADI and the name of the person receiving\nthe benefit of the payment;\n(d) particulars sufficient to identify the purpose for which the\n(6) The following particulars must be recorded in the trust ledger account\nin relation to each payment of trust money by electronic funds\ntransfer:\n\n(7) The following particulars must be recorded in the trust ledger account\nin relation to each transfer of trust money effected by a journal entry:\n(a) the date of the transfer;\n(c) the journal reference number;\n(d) the name of the other trust ledger account from which or to\nwhich the money was transferred;\n(8) Transactions relating to trust money must be recorded in the trust\nledger account in the order in which the transactions occur.\n(9) The particulars in relation to a receipt, payment or transfer of trust\nmoney must be recorded not later than 4 working days after the day\nthe receipt was made out, the payment was made or the transfer was\neffected, as the case requires.\nIf the receipt is made out on Monday, that day is not counted in working out the day\n(10) The trust ledger account balance must be recorded in the trust ledger\naccount after each receipt, payment or transfer of trust money.\n\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Journal transfers","content":"47 Journal transfers\n(1) Trust money may be transferred by journal entry from 1 trust ledger\naccount in a law practice’s trust ledger to another trust ledger account\nin the trust ledger, but only if—\n(a) the law practice is entitled to withdraw the money and pay it to\nthe other trust ledger account; and\n(b) subsection (2) is complied with.\n(2) The transfer must be authorised in writing—\n(a) by an authorised principal of the law practice; or\n(i) by an authorised legal practitioner associate; or\n(ii) by an authorised Australian legal practitioner who holds an\n(iii) by 2 or more authorised associates jointly; or\n(c) by an external intervener for the practice.\n(3) A law practice must keep a trust account transfer journal if it transfers\ntrust money by journal entry.\n(4) The following particulars must be recorded in the trust account\ntransfer journal in relation to each transfer of trust money by journal\nentry:\n(a) the date of the transfer;\n(b) the trust ledger account from which the money is transferred\n(including its identifying reference);\n(c) the trust ledger account to which the money is transferred\n(including its identifying reference);\n\n(d) the amount transferred;\ntransfer is made, the matter reference and a short description of\nthe matter.\n(5) Journal pages or entries must be consecutively numbered.\n(6) A law practice must keep particulars of the authorisation for each\ntransfer of trust money by journal entry, whether in the trust account\ntransfer journal or in some other way.\n(7) In this section:\nauthorised means authorised by the law practice or an external\nintervener for the practice to effect, direct or give authority for the\ntransfer of trust money by journal entry from 1 trust ledger account in\nthe practice’s trust ledger to another trust ledger account in the trust\nledger.\nexternal intervener—see the Act, section 473 (1).\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Reconciliation of trust records","content":"48 Reconciliation of trust records\n(1) A law practice that keeps 1 or more general trust accounts must\nreconcile the trust records relating to each account.\n(2) The trust records relating to a general trust account must be reconciled\nas at the end of each named month by preparing—\n(a) a statement—\n(i) reconciling the general trust account balance as shown in\nADI records with the balance of the practice’s trust account\ncash books; and\n(ii) showing the date the statement was prepared; and\n\n(b) a statement—\n(i) reconciling the balance of the trust ledger accounts with the\nbalance of the practice’s trust account cash books; and\n(ii) containing a list of the practice’s trust ledger accounts\nshowing the name, identifying reference and balance of\neach and a short description of the matter to which each\nrelates; and\n(iii) showing the date the statement was prepared.\n(3) The statements must be prepared no later than 15 working days after\nthe end of the month to which the statements relate.\n(4) The statements must be kept by the law practice.\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Trust ledger account in name of law practice or legal","content":"49 Trust ledger account in name of law practice or legal\npractitioner associate\n(1) A law practice must not keep a trust ledger account in the name of the\npractice or a legal practitioner associate of the practice except as\nauthorised by this section.\n(2) A law practice may keep in its trust ledger—\n(a) a trust ledger account in the practice’s name, but only for the\npurpose of aggregating in the account, by transfer from other\naccounts in the trust ledger, money properly due to the practice\nfor legal costs; and\n(b) a trust ledger account in a legal practitioner associate’s name,\nbut only in relation to money in which the associate has a\npersonal and beneficial interest as a vendor, purchaser, lessor or\nlessee or in another similar capacity.\n(3) In a case to which subsection (2) (a) applies, the law practice must\nensure that the money in the trust ledger account is withdrawn from\nthe general trust account not later than 1 month after the day on which\nthe money was transferred to the trust ledger account.\n\n(4) In a case to which subsection (2) (b) applies, the law practice must\nensure that the money in the trust ledger account is withdrawn from\nthe general trust account at the conclusion of the matter to which the\nmoney relates.\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Notification requirements for general trust accounts","content":"50 Notification requirements for general trust accounts\n(1) Not later than 14 days after establishing a general trust account, a law\npractice must give the law society council written notice of the\nestablishment of the account.\n(2) A law practice—\n(a) either before, or not later than 14 days after, authorising or\nending the authority of an associate of the practice or an\nAustralian legal practitioner—\n(i) to sign cheques drawn on a general trust account of the\n(ii) otherwise to effect, direct or give authority for the\nwithdrawal of money from a general trust account of the\npractice;\nmust give the law society council written notice of the\nauthorisation or ending of authorisation (including the name and\naddress of the associate or practitioner and indicating, in the case\nof an associate, whether the associate is an employee of the\npractice); and\n\n(b) during July of each year, must give the law society council\nwritten notice of the associates and Australian legal practitioners\n(including their names and addresses) who are authorised, as at\n1 July of that year:\n(i) to sign cheques drawn on a general trust account of the\n(ii) otherwise to effect, direct or give authority for the\nwithdrawal of money from a general trust account of the\n(3) Not later than 14 days after the closure of a general trust account kept\nby it, a law practice must give the law society council written notice\nof the closure.\n(4) A notice under this section given by a law practice must include\nparticulars sufficient to identify the general trust accounts of the\n(5) In this section—\nlaw practice includes a former law practice and the people who were\nprincipals of a law practice immediately before the law practice\nstopped existing as a law practice or engaging in legal practice in the\nACT.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Maintenance of controlled money accounts—Act,","content":"51 Maintenance of controlled money accounts—Act,\ns 224 (4)\n(1) A controlled money account must be kept under an account name that\nincludes the following particulars:\n(a) the name of the law practice concerned;\n(b) the expression “controlled money account” or the abbreviation\n“CMA” or “CMA/c”;\n\n(c) other particulars sufficient to identify the purpose of the account\nand to distinguish the account from any other account kept by\n(2) This section does not apply to an account established in the ACT\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Receipt of controlled money","content":"52 Receipt of controlled money\n(1) This section applies if a law practice receives controlled money.\n(2) The law practice must operate a single controlled money receipt\nsystem for the receipt of controlled money for all its controlled money\naccounts.\n(3) After receiving controlled money, the law practice must make out a\nreceipt.\n(4) The receipt must be made out as soon as practicable—\n(a) after the controlled money is received except as provided by\nparagraph (b); or\n(b) in the case of controlled money received by direct deposit—after\nthe law practice receives or accesses notice or confirmation (in\nwritten or electronic form) of the deposit from the ADI\nconcerned.\n(5) The receipt, containing the required particulars, must be made out in\nduplicate, whether by way of making a carbon copy or otherwise,\nunless at the time the receipt is made out those particulars are\nrecorded by computer program in the register of controlled money.\n(6) For subsection (5), the required particulars are as follows:\n(a) the date the receipt is made out and, if different, the date of\nreceipt of the money;\n(b) the amount of money received;\n(c) the form in which the money was received;\n\nbehalf the money was received and the matter description and\n(g) the name of and other details clearly identifying the controlled\nmoney account to be credited, unless the account has not been\nestablished by the time the receipt is made out;\n(h) the name of the law practice, or the business name under which\nthe law practice engages in legal practice, and the expression\n“controlled money receipt”;\n(i) the name of the person who made out the receipt;\n(j) the number of the receipt.\n(7) If the controlled money account to be credited has not been\nestablished by the time the receipt is made out, the name of and other\ndetails clearly identifying the account when established must be\nincluded on the duplicate receipt (if any).\n(8) The original receipt must be given, on request, to the person from\nwhom the controlled money was received.\n(9) Receipts must be consecutively numbered and issued in consecutive\nsequence.\n(10) If a receipt is cancelled or not delivered, the original receipt must be\nkept.\n(11) A receipt is not required to be made out for any interest or other\nincome received from the investment of controlled money and\ncredited directly to a controlled money account.\n\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Deposit of controlled money—Act, s 224 (5)","content":"53 Deposit of controlled money—Act, s 224 (5)\nThe period for which a written direction mentioned in the Act, section\n224 (1) must be kept is 7 years after finalisation of the matter to which\nthe direction relates.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Withdrawal of controlled money must be authorised","content":"54 Withdrawal of controlled money must be authorised\n(1) A withdrawal of money from a controlled money account of a law\npractice must be effected by, under the direction of or with the\nauthority of—\n(a) an authorised principal of the law practice; or\n(i) an authorised legal practitioner associate; or\n(ii) an authorised Australian legal practitioner who holds an\n(iii) 2 or more authorised associates jointly.\n(2) A written record of the required particulars must be kept of each\nwithdrawal unless at the time the withdrawal is made those particulars\nare recorded by computer program.\n(3) If at the time the withdrawal is made the required particulars are\nrecorded by computer program, a written record must be kept that is\nsufficient to enable the accuracy of the particulars recorded by the\ncomputer program to be verified.\n(4) For subsections (2) and (3), the required particulars are as follows:\n(b) the amount withdrawn;\n(c) in the case of a transfer made by electronic funds transfer—the\nname and number of the account to which the amount was\n\n(d) the name of the person to whom payment is to be made or, in\npayment was made;\n(g) the person or people effecting, directing or authorising the\nwithdrawal.\n(5) The particulars are to be recorded in the order in which the payments\nare recorded and are to be recorded separately for each controlled\nmoney account.\nauthorised means authorised by the law practice to effect, direct or\ngive authority for a withdrawal of money from the controlled money\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Register of controlled money","content":"55 Register of controlled money\n(1) A law practice that receives controlled money must keep a register of\ncontrolled money consisting of the records of controlled money\nmovements for the controlled money accounts of the practice.\n(2) A separate record of controlled money movements must be kept for\neach controlled money account.\n\n(3) A record of controlled money movements for a controlled money\naccount must record the following information:\n(a) the name of the person on whose behalf the controlled money is\nheld;\n(b) the person’s address;\n(c) particulars sufficient to identify the matter;\n(d) any changes to the information referred to in paragraphs (a)\nto (c).\n(4) The following particulars must be recorded in a record of controlled\nmoney movements for a controlled money account:\n(a) the date the controlled money was received;\n(b) the number of the receipt;\n(c) the date the money was deposited in the controlled money\naccount;\n(d) the name of and other details clearly identifying the controlled\nmoney account;\n(e) the amount of controlled money deposited;\n(f) details of the deposit sufficient to identify the deposit;\n(g) interest received;\n(h) details of any payments from the controlled money account,\nincluding the particulars required to be recorded under\nsection 54 (4).\n(5) With the exception of interest and other income received in relation\nto controlled money, particulars of receipts and payments must be\nentered in the register as soon as practicable after the controlled\nmoney is received by the law practice or any payment is made.\n\nTransit money Division 6.5\n(6) Interest and other income received in relation to controlled money\nmust be entered in the register as soon as practicable after the law\npractice is notified of its receipt.\n(7) The law practice must keep as part of its trust records all supporting\ninformation (including ADI statements and notifications of interest\nreceived) relating to controlled money.\n(8) Not later than 15 working days after each named month, the law\npractice must prepare and keep as a permanent record a statement as\nat the end of the named month—\n(a) containing a list of the practice’s controlled money accounts\nshowing—\n(i) the name, number and balance of each account in the\nregister; and\n(ii) the name of the person on whose behalf the controlled\nmoney in each account was held; and\n(iii) a short description of the matter to which each account\nrelates; and\n(b) showing the date the statement was prepared.\n","sortOrder":55},{"sectionNumber":"Div 6","sectionType":"division","heading":"5 Transit money","content":"Division 6.5 Transit money\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Information to be recorded about transit money—Act,","content":"56 Information to be recorded about transit money—Act,\ns 225\n(1) This section has effect for the Act, section 225 (Transit money).\n(2) A law practice must, in relation to transit money received by the\npractice, record and keep brief particulars sufficient to identify the\nrelevant transaction and any purpose for which the money was\nreceived.\n\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"Trust account statements","content":"57 Trust account statements\n(1) A law practice must give a trust account statement to each person for\nwhom or on whose behalf trust money (other than transit money) is\nheld or controlled by the law practice or an associate of the practice.\n(2) In the case of trust money in relation to which the law practice is\nrequired to keep a trust ledger account, the practice must give a\nseparate statement for each trust ledger account.\n(3) In the case of controlled money in relation to which the law practice\nis required to keep a record of controlled money movements, the\npractice must give a separate statement for each record.\n(4) In the case of trust money subject to a power given to the law practice\nor an associate of the practice in relation to which the practice is\nrequired to keep a record of all dealings with the money to which the\npractice or associate is a party, the practice must give a separate\nstatement for each record.\n(5) A trust account statement is to contain particulars of—\n(a) all the information required to be kept under this part in relation\nto the trust money included in the relevant ledger account or\nrecord; and\n(b) the remaining balance (if any) of the money.\n(6) A trust account statement must be given—\n(a) as soon as practicable after completion of the matter to which\nthe ledger account or record relates; or\n(b) as soon as practicable after the person for whom or on whose\nbehalf the money is held or controlled makes a reasonable\nrequest for the statement during the course of the matter; or\n(c) except as provided by subsection (7), as soon as practicable after\n30 June in each year.\n\n(7) The law practice is not required to give a trust account statement\nunder subsection (6) (c) in relation to a ledger account or record if at\n30 June—\n(a) the ledger account or record has been open for less than\n6 months; or\n(b) the balance of the ledger account or record is zero and no\ntransaction affecting the account has taken place within the\nprevious 12 months; or\n(c) a trust account statement has been given within the previous\n12 months and there has been no subsequent transaction\naffecting the ledger account or record.\n(8) The law practice must keep a copy of a trust account statement given\nunder this section.\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Trust account statements for sophisticated clients","content":"58 Trust account statements for sophisticated clients\n(1) Section 57 does not apply to a sophisticated client to the extent to\nwhich the client directs the law practice not to provide trust account\nstatements under that section.\n(2) If the sophisticated client directs the law practice to provide trust\naccount statements on a basis different from that under section 57, the\nlaw practice must supply those statements as directed, except to the\nextent to which the direction is unreasonably onerous.\n(3) The law practice must keep a copy of a trust account statement given\nunder this section.\nsophisticated client—see the Act, section 261.\n\n","sortOrder":59},{"sectionNumber":"59","sectionType":"section","heading":"Register of investments—Act, s 221","content":"59 Register of investments—Act, s 221\n(1) This section applies if trust money mentioned in the Act,\nsection 212 (3) (Money involved in financial services or investments)\nis invested by a law practice for or on behalf of a client, but this\nsection does not itself give power to make investments.\n(2) The law practice must keep a register of investments of trust money.\n(3) The register must record the following information in relation to each\ninvestment:\n(a) the name in which the investment is held;\n(b) the name of the person on whose behalf the investment is made;\n(c) the person’s address;\n(d) particulars sufficient to identify the investment;\n(e) the amount invested;\n(f) the date the investment was made;\n(g) particulars sufficient to identify the source of the investment,\nincluding, for example—\n(i) a reference to the relevant trust ledger; and\n(ii) a reference to the written authority to make the investment;\nand\n(iii) the number of the cheque for the amount to be invested;\n(h) details of any documents evidencing the investment;\n(i) details of any interest received from the investment or credited\ndirectly to the investment;\n(j) details of the repayment of the investment and any interest, on\nmaturity or otherwise.\n\n(4) This section does not require particulars to be recorded in the register\nif the particulars are required to be recorded elsewhere by another\nsection.\n","sortOrder":60},{"sectionNumber":"60","sectionType":"section","heading":"Trust money subject to specific powers—Act, s 226","content":"60 Trust money subject to specific powers—Act, s 226\n(1) This section has effect for the Act, section 226 (Trust money subject\nto specific powers).\n(2) If a law practice or an associate of the practice is given a power to\ndeal with trust money for or on behalf of another person, the practice\nmust keep—\n(a) a record of all dealings with the money to which the practice or\nassociate is a party; and\n(b) all supporting information in relation to the dealings;\nin a way that enables the dealings to be clearly understood.\n(3) The record, supporting information and power must be kept by the\nlaw practice as part of the practice’s trust records.\n","sortOrder":61},{"sectionNumber":"61","sectionType":"section","heading":"Register of powers and estates in relation to trust money","content":"61 Register of powers and estates in relation to trust money\n(1) A law practice must keep a register of powers and estates in relation\nto which the law practice or an associate of the practice is acting or\nentitled to act, alone or jointly with the law practice or 1 or more\nassociates of the practice, in relation to trust money.\n(2) Subsection (1) does not apply if the law practice or associate is also\nrequired to act jointly with 1 or more people who are not associates\nof the practice.\n(3) The register of powers and estates must record—\n(a) the name and address of the donor and date of each power; and\n(b) the name and date of death of the deceased in relation to each\nestate of which the law practice of the associate is executor or\nadministrator.\n\n","sortOrder":62},{"sectionNumber":"62","sectionType":"section","heading":"Withdrawing trust money for legal costs—Act, s 229 (1) (b)","content":"62 Withdrawing trust money for legal costs—Act, s 229 (1) (b)\n(1) This section prescribes, for the Act, section 229 (1) (b) the procedure\nfor the withdrawal of trust money held in a general trust account or\ncontrolled money account of a law practice for payment of legal costs\nowing to the practice by the person for whom the trust money was\npaid into the account.\n(2) The trust money may be withdrawn as set out in subsection (3) or (4).\n(3) The law practice may withdraw the trust money—\n(a) if—\n(i) the money is withdrawn in accordance with a costs\nagreement that complies with the legislation under which\nit is made and that authorises the withdrawal; or\n(ii) the money is withdrawn in accordance with instructions\nthat have been received by the practice and that authorise\nthe withdrawal; or\n(iii) the money is owed to the practice by way of reimbursement\nof money already paid by the practice on behalf of the\nperson; and\n(b) if, before effecting the withdrawal, the practice gives or sends to\nthe person—\n(i) a request for payment, referring to the proposed\nwithdrawal; or\n(ii) written notice of the proposed withdrawal and when it will\noccur.\n\n(4) The law practice may withdraw the trust money—\n(a) if the practice has given the person a bill relating to the money;\nand\n(b) if—\n(i) the person has not objected to withdrawal of the money not\nlater than 7 days after being given the bill; or\n(ii) the person has objected not later than 7 days after being\ngiven the bill but has not applied for a review of the legal\ncosts under the Act not later than 60 days after being given\nthe bill; or\n(iii) the money otherwise becomes legally payable.\n(5) Instructions mentioned in subsection (3) (a) (ii)—\n(a) if given in writing—must be kept as a permanent record; or\n(b) if not given in writing—either before, or not later than 5 working\ndays after, the law practice effects the withdrawal, must be\nconfirmed in writing and a copy kept as a permanent record.\n(6) For subsection (3) (a) (iii), money is taken to have been paid by the\nlaw practice on behalf of someone if the relevant account of the\npractice has been debited.\n","sortOrder":63},{"sectionNumber":"63","sectionType":"section","heading":"Keeping of trust records—Act, s 232 (2) (a)","content":"63 Keeping of trust records—Act, s 232 (2) (a)\n(1) This section has effect for the Act, section 232 (Keeping trust\nrecords).\n(2) Trust records must be kept for a period of 7 years after—\n(a) for a trust record mentioned in the Act, section 210 (2),\ndefinition of trust records, paragraphs (a) to (m)—the only or\nthe last transaction entry in the trust record is made; or\n(b) for any other trust record—finalisation of the matter to which\nthe trust record relates.\n\n(3) This section does not apply to a written direction mentioned in the\nAct, section 222 (2) (a) (Certain trust money to be deposited in\ngeneral trust account) or section 224 (1) (Controlled money).\n","sortOrder":64},{"sectionNumber":"64","sectionType":"section","heading":"Keeping other records and information","content":"64 Keeping other records and information\n(1) A record kept under section 34 (Chronological record of information\nto be made) is, so far as it relates to particular information, to be kept\nby the law practice for a period of 7 years after finalisation of the\nmatter to which the record relates.\n(2) Any other record or information required by this part to be kept by a\nlaw practice is to be kept for a period of 7 years after finalisation of\nthe matter to which the record or information relates.\n(3) This section does not apply to records to which section 39 (Deposit\nrecords for trust money), section 53 (Deposit of controlled money—\nAct, s 224 (5)) or section 63 (Keeping of trust records—Act, s 232 (2)\n(a)) applies.\n","sortOrder":65},{"sectionNumber":"65","sectionType":"section","heading":"Statements about receipt or holding of trust money","content":"65 Statements about receipt or holding of trust money\n(1) The law society council may, by notice given under this section,\nrequire a law practice to give the law society council a statement—\n(a) stating whether or not the practice has during a stated period\nreceived or held trust money; and\n(b) if it has received or held trust money during the period, stating\nto which of the following categories the trust money belongs:\n(i) general trust money (other than that mentioned in\nsubparagraphs (ii) to (iv));\n(ii) controlled money;\n(iii) transit money;\n(iv) money subject to a power.\n\nExternal examinations Division 6.7\n(2) A notice may be given to apply in relation to 1 or more periods\n(whether occurring annually or otherwise), and may be withdrawn or\namended by a further notice.\n(3) A notice may state the time by which or the period during which the\nrequirement must be complied with.\n(4) A notice is given to—\n(a) a particular law practice by sending the notice by post to the\n(b) a particular class of law practices by publishing the notice in a\ncircular distributed generally to law practices of the class or in a\nmagazine or other publication available generally to law\npractices of the class.\n(5) A law practice—\n(a) must comply with a requirement imposed on it under this section\nand must do so by the time or during the period stated in the\nnotice for compliance; and\n(b) must not include in the statement any information that is false or\nmisleading in a material particular.\n","sortOrder":66},{"sectionNumber":"66","sectionType":"section","heading":"Appointment of external examiners—Act, s 241 (1)","content":"66 Appointment of external examiners—Act, s 241 (1)\n(1) This section applies to a law practice that receives or holds trust\nmoney or controlled money in a trust accounting year.\n(2) The law practice must—\n(a) appoint an external examiner not later than 8 April in the trust\naccounting year; and\n(b) give the law society council written notice each time it appoints\nan external examiner.\n\n(3) A notice under subsection (2) (b) must be given to the law society\ncouncil not later than 1 month after the appointment of the external\nexaminer.\ntrust accounting year—see section 69 (1).\n","sortOrder":67},{"sectionNumber":"67","sectionType":"section","heading":"Requirement for external examination—Act, s 241 (3)","content":"67 Requirement for external examination—Act, s 241 (3)\nIf the only trust money received or held by a law practice during a\nfinancial year is transit money, the practice’s trust records in relation\nto the year are not required to be externally examined.\n","sortOrder":68},{"sectionNumber":"68","sectionType":"section","heading":"Carrying out examination—Act, s 246","content":"68 Carrying out examination—Act, s 246\n(1) An external examination of trust records must be carried out in\naccordance with this section.\n(2) An external examiner’s report on an examination must include the\ninformation, and be given in the way, approved by the law society\ncouncil.\nNote If a form is approved by the law society council under the Act, s 583 for\nthis provision, the form must be used.\n\n","sortOrder":69},{"sectionNumber":"69","sectionType":"section","heading":"Interpretation—div 6.8","content":"69 Interpretation—div 6.8\n(1) In this division:\ntrust accounting year means a period of 12 months commencing on\n1 April.\n(2) In this division, a reference to the notional amount standing to the\ncredit of the general trust account of a law practice on the day\nimmediately before the date fixed for section 71 (1) (Law practice to\ndeposit part of trust money with law society) is a reference to the\nlowest amount that stood to the credit of the account at any time\nduring the 6 months immediately before that date.\n(3) In this division, a reference to the notional amount standing to the\ncredit of the general trust account of a law practice on the last day of\na year is a reference to the lowest amount that stood to the credit of\nthe account at any time during that year.\n(4) For the period beginning on the date fixed for section 71 (1) and\nending on the next 31 March, this division applies as if that period\nwere a year.\n(5) If a law practice keeps more than 1 general trust account in\naccordance with this division, a reference in this division to the\ngeneral trust account kept by the law practice is a reference to each\ngeneral trust account kept by the law practice.\n\n(6) If a law practice has—\n(a) in the 6 months immediately before the date fixed for section 71\n(1); or\n(b) in any year;\nkept 2 or more general trust accounts, the law practice is taken, for\nthis division, to have kept, during the period for which the practice\nkept the general trust accounts, only 1 general trust account and the\namount that stood, on any day during that period, to the credit of the\ngeneral trust account that the practice is to be taken to have kept is\ntaken, for this division, to be the total of the amounts that stood to the\ncredit of the bank accounts that were in fact kept by the law practice\non that day.\n(7) For this division, the amount standing to the credit of a general trust\naccount on a day is the amount shown by the bank statement in\nrelation to the account as standing to the credit of the account on that\nday.\n(8) For this division, the amount of any trust money paid into the general\ntrust account kept by a law practice and subsequently paid by the\npractice into a special trust account in accordance with the\ninstructions of the client from whom, or on whose behalf, the money\nwas received must not be taken into account in working out the lowest\namount that stood to the credit of that general trust account at any\ntime.\n","sortOrder":70},{"sectionNumber":"70","sectionType":"section","heading":"Statutory interest account—Act, s 253 (2) (a) and (b)","content":"70 Statutory interest account—Act, s 253 (2) (a) and (b)\n(1) The law society must open and keep an account at an ADI in the ACT\nunder the title of the ‘statutory interest account’.\n(2) The law society must deposit in the account—\n(a) the interest received from money deposited with the society by\na law practice under this part; and\n(b) any other money required by law to be deposited in the account.\n\n(3) The law society must operate the account for the Act, section 253\n(Statutory Deposits) and this division.\n","sortOrder":71},{"sectionNumber":"71","sectionType":"section","heading":"Law practice to deposit part of trust money with law","content":"71 Law practice to deposit part of trust money with law\nsociety\n(1) If the notional amount standing to the credit of the general trust\naccount kept by a law practice on the day immediately before a date\nfixed by the Attorney-General under subsection (5) is not less than\n$3 000, the law practice must deposit, within 1 month after that day,\nwith the law society an amount that is equal to 2/3 of that notional\namount.\n(2) If, on the last day of a trust accounting year—\n(a) the notional amount standing to the credit of the general trust\naccount kept by a law practice is not less than $3 000; and\n(b) no trust money of the law practice is on deposit with the law\nsociety;\nthe law practice must deposit, within 3 months after that day, with the\nlaw society an amount equal to 2/3 of the notional amount referred to\nin paragraph (a).\n(3) If, on the last day of a trust accounting year —\nand\n(b) the amount of the money is less than 2/3 of the total of the amount\nof the money and the notional amount standing on that day to\nthe credit of the general trust account kept by the law practice;\nthe law practice must deposit, within 3 months after that day, with the\nlaw society the amount that will bring the amount of the money on\ndeposit with the law society to an amount equal to 2/3 of the total\nmentioned in paragraph (b).\n\n(4) Subsections (2) and (3) do not apply in relation to a trust accounting\nyear that ends before the day fixed for subsection (1).\n(5) The Attorney-General may fix a day for subsection (1).\n(6) The fixing of a day under subsection (5) is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n","sortOrder":72},{"sectionNumber":"72","sectionType":"section","heading":"Repayment of deposits","content":"72 Repayment of deposits\n(1) Money on deposit with the law society in a statutory deposit account\nis repayable on demand to the law practice that deposited the money.\n(2) However, a law practice must not make a demand for repayment of\nmoney under subsection (1) unless—\n(a) the repayment of the money is required to enable necessary\npayments to be made out of the general trust account of the\npractice; and\n(b) the law practice has reasonable grounds for believing that the\npayment is to be made within 7 days after the day when the\ndemand is made.\n(3) If, on the last day of a trust accounting year—\nand\n(b) the amount of the money exceeds 2/3 of the total of the amount\nof the money and the notional amount standing on that day to\nthe credit of the general trust account kept by the law practice;\nthe law practice is entitled to be repaid an amount equal to the amount\nof the excess.\n\n(4) If, on the last day of a trust accounting year—\nand\n(b) the total of the amount of the money and the notional amount\nstanding to the credit of the general trust account kept by the law\npractice on that day is less than $3 000;\nthe law practice is entitled to have repaid to the law practice the\namount that the law practice has on deposit.\n","sortOrder":73},{"sectionNumber":"73","sectionType":"section","heading":"Obligation to deposit subject to availability of trust funds","content":"73 Obligation to deposit subject to availability of trust funds\n(1) If—\n(a) a law practice has not, before the end of a period within which\nthe law practice is required to make a deposit under this division,\nmade the deposit; and\n(b) on the last day of the period, the money standing to the credit of\nthe law practice’s general trust account is not sufficient to enable\nthe deposit to be made;\nthe period is extended until there is standing to the credit of the\ngeneral trust account of the law practice on a subsequent quarter day\nin the trust accounting year in which the end of that period happens\nan amount sufficient to enable the deposit to be made.\nquarter day means 30 September, 31 December, 31 March or\n30 June.\n\n","sortOrder":74},{"sectionNumber":"74","sectionType":"section","heading":"Amendment of notional amount by law society","content":"74 Amendment of notional amount by law society\n(1) If the law society is during a trust accounting year satisfied, on an\napplication made to it by a law practice that is under an obligation to\ndeposit, or has on deposit, with the law society money under this\ndivision, that, having regard to the amount of trust money standing,\non the day the application is made, to the credit of the general trust\naccount of the practice, it is appropriate that the notional amount\nstanding to the credit of the general trust account of the law practice\non the last day of the previous trust accounting year should be\nreduced, the law society may decide that that notional amount be\nreduced to an amount stated in the decision.\n(2) If the law society makes a decision mentioned in subsection (1) in\nrelation to a law practice—\n(a) this division, in its application to the law practice, applies,\nduring the remainder of the trust accounting year in which the\ndecision is made, as if the amount stated in the decision had been\nthe notional amount standing to the credit of the general trust\naccount of the law practice on the last day of the previous trust\naccounting year; and\n(b) if, on the day when the decision is made, the law practice has on\ndeposit with the law society money exceeding the amount that\nthe practice would have been required to have on deposit with\nthe law society if the amount stated in the decision had been the\nnotional amount standing to the credit of the general trust\naccount of the practice on the last day of the previous year—the\npractice is entitled to be repaid an amount equal to the amount\nof the excess.\n\n","sortOrder":75},{"sectionNumber":"75","sectionType":"section","heading":"Statutory deposit account—Act, s 253 (2) (a) and (b)","content":"75 Statutory deposit account—Act, s 253 (2) (a) and (b)\n(1) The law society must open and keep an account at an ADI in the ACT\nunder the title of the ‘statutory deposit account’.\n(2) The law society must deposit in the account—\n(a) the money deposited with the society by a law practice under\nthis division; and\n(b) any other money required by law to be deposited in the account.\n(3) The law society must operate the account for the Act, section 253\n(Statutory Deposits) and this division.\n","sortOrder":76},{"sectionNumber":"76","sectionType":"section","heading":"Arrangements relating to statutory interest account","content":"76 Arrangements relating to statutory interest account\n(1) The law society may enter into an arrangement with an ADI in the\nACT for payment by the ADI to the law society of amounts in relation\nto money held in any trust account kept by a law practice at the ADI.\n(2) The law society must credit an amount paid to it under an arrangement\nunder subsection (1) to a statutory interest account.\n","sortOrder":77},{"sectionNumber":"77","sectionType":"section","heading":"Use of money in statutory interest account—","content":"77 Use of money in statutory interest account—\nAct, s 253 (2) (c)\n(1) This section applies if the bar council asks the law society to ask the\nAttorney-General to consent to the use (the proposed use) of money\nin the statutory interest account for a purpose stated by the bar\ncouncil.\n(2) The bar council must give the law society reasonable written notice\nof the request, including details of—\n(a) the proposed use; and\n(b) the proposed amount; and\n(c) the proposed purpose.\n\n(3) The law society—\n(a) must tell the Attorney-General about the bar council’s request;\nand\n(b) may tell the Attorney-General its view on the proposed use.\n(4) If the law society tells the Attorney-General its view on the proposed\nuse, it must, at the same time, also tell the bar council.\n(5) The bar council may also tell the Attorney-General its view on the\nproposed use.\n(6) The law society or the bar association may use money in the statutory\ninterest account in accordance with the Attorney-General’s written\nconsent.\n","sortOrder":78},{"sectionNumber":"78","sectionType":"section","heading":"Audit of deposits etc","content":"78 Audit of deposits etc\n(1) The law society must keep records of each of the following:\n(a) money deposited with it under this division;\n(b) interest received by it from the investment of the money;\n(c) amounts credited to an account under section 76 (2)\n(Arrangements relating to statutory interest account);\n(d) payments made by it out of the statutory interest account;\n(e) the use of money standing to the credit of a statutory interest\n(2) The law society must have the records audited annually by a\nregistered company auditor within the meaning of the Corporations\nAct.\n(3) The law society must give a copy of each audit under this section to\nthe Attorney-General.\n\nMiscellaneous Division 6.9\n","sortOrder":79},{"sectionNumber":"79","sectionType":"section","heading":"Law practice closing down, closing office or ceasing to","content":"79 Law practice closing down, closing office or ceasing to\nreceive or hold trust money\n(1) A law practice that holds trust money must give the law society\ncouncil at least 14 days written notice of its intention—\n(a) to stop existing as a law practice; or\n(b) to stop engaging in legal practice in the ACT; or\n(c) to stop practising in a way that involves receiving trust money.\n(2) Not later than 14 days after the day it stops holding trust money, a\nlaw practice that holds trust money must give the law society\ncouncil—\n(a) written notice that it has stopped holding trust money; and\n(b) if the practice has not given a notice under subsection (1) within\nthe previous 28 days, a notice that complies with that subsection.\n(3) A notice under this section must include particulars sufficient to\nidentify—\n(a) a law practice’s general trust accounts and controlled money\naccounts; and\n(b) trust money controlled by the practice (or by an associate) under\na power; and\n(c) trust money invested by the practice.\nlaw practice includes a former law practice and the people who were\nprincipals of a law practice immediately before the law practice\nstopped existing as a law practice or engaging in legal practice in the\nACT.\n\n","sortOrder":80},{"sectionNumber":"80","sectionType":"section","heading":"Disclosure of accounts used to hold money entrusted to","content":"80 Disclosure of accounts used to hold money entrusted to\nlegal practitioners—Act, s 258 (1)\n(1) A law practice must give the law society council the following details\nfor each account that is kept at an ADI by the law practice in which\nthe money entrusted to the law practice, or a legal practitioner\nassociate of the law practice, is held:\n(a) the name of the ADI and its BSB number;\n(b) the name and number of the account;\n(c) the name of each person who is authorised to operate on the\naccount;\n(d) for each amount of money entrusted to the practice or\nassociate—\n(i) the name of the person for whom the money is entrusted;\nand\n(ii) the purposes for which the money is entrusted; and\n(iii) the date on which, and the way in which, the money is\ndeposited in the account; and\n(iv) the date on which, and the way in which, the money is\nwithdrawn from the account.\n(2) The details must be given to the law society council at the times and\nin the way the law society council requires.\n\nMiscellaneous Division 6.9\n","sortOrder":81},{"sectionNumber":"81","sectionType":"section","heading":"Exemptions","content":"81 Exemptions\nThe law society council may—\n(a) exempt a law practice from complying with any of the\nprovisions of this part, subject to any conditions that may be\nimposed by the law society council; and\n(b) at any time, impose a new condition on the exemption, amend\nor revoke a condition already imposed on the exemption, or\nrevoke the exemption.\n\nPart 7 Costs disclosure and assessment\nPart 7 Costs disclosure and\nassessment\n82 When does a matter have a substantial connection with\nthe ACT—Act, s 267\nA matter involving a client of a law practice has a substantial\nconnection with the ACT in any of the following circumstances:\n(a) the client is an individual and lives in the ACT;\n(b) the client is a body corporate and—\n(i) the client carries on its business activities principally in the\nACT; or\n(ii) the legal services provided or to be provided relate\nprincipally to business activities carried on by the client in\nthe ACT;\n(c) the law practice, or the associate of the practice who is\nprincipally involved in the matter, engages in legal practice\nprincipally in the ACT;\n(d) the legal services provided or to be provided relate to the ACT,\nincluding, for example, legal services provided or to be provided\nfor or in connection with—\n(i) the conveyance or transfer of real property located in the\nACT; or\n(ii) court proceedings in the ACT.\n\nCosts disclosure and assessment Part 7\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Exceptions to disclosure requirement—Act, s 272 (1) (f)","content":"83 Exceptions to disclosure requirement—Act, s 272 (1) (f)\n(1) The following circumstances are circumstances in which disclosure\nunder the Act, section 269 (Disclosure of costs to clients) or\nsection 270 (1) (Disclosure if another law practice is to be retained)\nis not required to be made:\n(a) the client is an overseas-registered foreign lawyer or a foreign\nlaw practice;\n(b) the client is a corporation that has a share capital and whose\nshares or the majority of whose shares are held beneficially for\nthe Commonwealth, a State or a Territory;\n(c) the client is a legally assisted person under the Legal Aid\nAct 1977 in relation to the matter to which the disclosure relates.\nforeign law practice—see the Act, section 152.\nlegally assisted person—see the Legal Aid Act 1977, dictionary.\noverseas-registered foreign lawyer—see the Act, section 152.\n\n","sortOrder":83},{"sectionNumber":"85","sectionType":"section","heading":"Caps on payments from fidelity fund—Act, s 348","content":"85 Caps on payments from fidelity fund—Act, s 348\nThe maximum amount that may be paid from the fidelity fund in\nrelation to a claim is—\n(a) for a claim by an associate of a law practice in relation to a\ndefault of the law practice arising from an act or omission of\nanother associate of the practice—$50 000; and\n(b) for any other claim—$200 000.\n","sortOrder":84},{"sectionNumber":"86","sectionType":"section","heading":"Protocols—Act, s 354","content":"86 Protocols—Act, s 354\n(1) The law society council may enter into a protocol with a\ncorresponding authority for or in relation to any of the following\nmatters:\n(a) the forwarding of claims, or copies of claims, under the Act,\nsection 355 (Forwarding of claims) and corresponding laws;\n(b) the making and acceptance of requests to act as agent under the\nAct, part 3.4 (Fidelity cover) and corresponding laws;\n(c) the processing or investigation of claims or aspects of claims as\nagent under the Act, part 3.4 and corresponding laws.\n(2) A protocol may be amended, revoked or replaced by agreement of the\nparties to the protocol.\n\nFidelity cover Part 9\n","sortOrder":85},{"sectionNumber":"87","sectionType":"section","heading":"Notice of authority for interstate legal practitioner to","content":"87 Notice of authority for interstate legal practitioner to\nwithdraw from local trust account—Act, s 364 (2)\n(1) This section applies to an interstate legal practitioner who (whether\nalone or with a cosignatory) becomes authorised to withdraw money\nfrom a local trust account of a law practice.\n(2) The practitioner must give the law society council written notice in\naccordance with subsection (3) of the authorisation not later than\n7 days after the day the practitioner becomes authorised.\n(3) The notice must include the following information:\n(a) the practitioner’s name;\n(b) the jurisdiction in which the practitioner’s only or most recent\ncurrent Australian practising certificate was granted;\n(c) the practitioner’s principal business address;\n(d) details of the local trust account, including the following:\n(i) the name of the law practice operating the account;\n(ii) the practice’s principal business address;\n(iii) the name of the ADI with which the account is held;\n(iv) the names of any other signatories to the account;\n(e) the day when the practitioner became authorised to withdraw\nmoney from the trust account.\n(4) The practitioner must tell the law society council in writing of any\nchange to the information mentioned in subsection (3) not later than\n7 days after the change happens.\n\n","sortOrder":86},{"sectionNumber":"88","sectionType":"section","heading":"Contribution by interstate legal practitioner to fidelity","content":"88 Contribution by interstate legal practitioner to fidelity\nfund—Act, s 364 (2)\n(1) This section applies to an interstate legal practitioner who gives the\nlaw society council notice under section 87.\n(2) The law society council may, in writing, require the practitioner to\npay a contribution to the fidelity fund.\n(3) The amount payable under subsection (2) for a period must not be\nmore than the amount that would be payable to the fidelity fund for\nthat period by the holder of a local unrestricted practising certificate.\n","sortOrder":87},{"sectionNumber":"89","sectionType":"section","heading":"Register of disciplinary action—Act, s 448 (2) (e)","content":"89 Register of disciplinary action—Act, s 448 (2) (e)\nFor disciplinary action taken against an Australian legal practitioner,\nparticulars of the date and jurisdiction of the person’s first and any\nlater admission to the legal profession must be included in the register\nof disciplinary action.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Act\n• ACT\n• ADI\n• Corporations Act\n• entity\n• public holiday\n• under.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Legal Profession Act 2006 (see Legislation Act, s 148). For example,\nthe following terms are defined in the Legal Profession Act 2006, dict:\n• Australian-registered foreign lawyer\n• government agency\n• government lawyer\n• interstate legal practitioner (see s 8)\n• jurisdiction\n• law firm\n• law practice\n• legal services\n• local legal practitioner (see s 8)\n• locally-registered foreign lawyer\n• local practising certificate\n• register of disciplinary action (see s 448)\n• relevant council\n• trust money\n• unrestricted practising certificate.\n\nBSB number, for part 6 (Trust money and trust accounts)—see\nin-house lawyer—see the Act, section 33 (3).\nmatter description, for part 6 (Trust money and trust accounts)—see\nmatter reference, for part 6 (Trust money and trust accounts)—see\nnamed month means 1 of the 12 named months of the year starting\nwith January.\nnotional amount, for division 6.8 (Statutory deposits)—see\nsection 69.\ntrust accounting year, for division 6.8 (Statutory deposits)—see\nsection 69.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nLegal Profession Regulation 2007 SL2007-27\nnotified LR 28 September 2007\ns 1, s 2 commenced 28 September 2007 (LA s 75 (1))\ns 91 commenced 1 October 2007 (s 2 (1))\nremainder commenced 1 October 2007 (s 2 (2) and see Legal\nProfession Amendment Act 2007 A2007-28 s 2)\nas amended by\nLegal Profession Amendment Regulation 2008 (No 1) SL2008-13\nnotified LR 31 March 2008\ns 1, s 2 commenced 31 March 2008 (LA s 75 (1))\nremainder commenced 1 April 2008 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2008 (No 3) A2008-29 sch 1 pt 1.9\nnotified LR 13 August 2008\ns 1, s 2 commenced 13 August 2008 (LA s 75 (1))\nsch 1 pt 1.9 commenced 27 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.65\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.65 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.22\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.22 commenced 21 September 2011 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2014\nA2014-17 sch 1 pt 1.8\nnotified LR 13 May 2014\ns 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))\nsch 1 pt 1.8 commenced 12 June 2014 (s 2 (3))\n\nLegislation history 3\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.10\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.10 commenced 10 June 2015 (s 2)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 10\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 10 commenced 21 June 2019 (s 2)\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.17\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.17 commenced 14 November 2019 (s 2 (1))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.26\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.26 commenced 24 August 2022 (s 2)\n\nCommencement\ns 2 om LA s 89 (4)\nDeclaration of exempt person—certain supervised employees—Act,\ns 16 (4) (e)\ns 6 am A2015-15 amdt 3.59\nDeclaration of exempt person—member of organisation representing\nveterans—Act, s 16 (4) (e)\ns 7 am A2019-42 amdt 3.75\nPresumptions about taking or using certain names, titles or descriptions—\nAct, s 18 (2)\ns 8 am A2008-29 amdt 1.29; A2022-14 amdt 3.172\nApplication of Act, s 50 to certain practitioners—Act, s 33 (2)\ns 9 am A2022-14 amdt 3.173\nCriteria for grant or renewal of unrestricted practising certificate—Act, s 35\ns 10 (3)-(5) exp 1 October 2012 (s 10 (5))\ntable 10 am A2019-17 s 28; pars renum R12 LA\nProcedure for applications for barrister practising certificate—Act, s 35\ns 11 om A2014-17 amdt 1.96\nPeriod for applying for renewal of local practising certificate—Act, s 43\ns 12 am A2014-17 amdt 1.97\nSuspending or cancelling local practising certificate—additional grounds—\nAct, s 55 (2)\ns 14 am A2008-37 amdt 1.295\nParticulars for register of local practising certificates—Act, s 79 (2)\ns 15 am A2014-17 amdt 1.98, amdt 1.99\nPrescribed agency––Act, dict, def government agency, par (b)\ns 16 hdg sub A2008-29 amdt 1.30\nDetermination of service fee, barrister practising certificate applications—\nAct, s 84 (1) (b)\ns 17 om A2014-17 amdt 1.100\nParticulars for register of locally-registered foreign lawyers—Act, s 201\ns 28 am A2014-17 amdt 1.101\nEstablishment of general trust account—Act, s 221 (2)\ns 37 am A2014-17 amdt 1.102\nNotification requirements for general trust accounts\ns 50 (6)-(8) exp 1 October 2008 (s 50 (8))\nam A2014-17 amdt 1.102\n\nAmendment history 4\nWithdrawing trust money for legal costs—Act, s 229 (1) (b)\ns 62 am A2019-17 s 29\nStatements about receipt or holding of trust money\ns 65 am A2014-17 amdt 1.102\nLaw practice closing down, closing office or ceasing to receive or hold trust\nmoney\ns 79 am A2014-17 amdt 1.102\nDisclosure of accounts used to hold money entrusted to legal practitioners—\nAct, s 258 (1)\ns 80 am A2014-17 amdt 1.102\nExemptions\ns 81 am A2014-17 amdt 1.102\nProfessional indemnity insurance\npt 8 hdg om R10 LA\nProfessional indemnity insurance for insurable legal practitioners—Act,\ns 311 (2) (c)\ns 84 om A2014-17 amdt 1.103\nMiscellaneous\npt 11 hdg om LA s 89 (3)\nins SL2008-13 s 4\nom R4 LA\nModification of Act, ch 10—Act, s 618\ns 90 om LA s 89 (3)\nins SL2008-13 s 4\nexp 26 August 2008 (s 90 (2))\nLegal Profession Regulation 2006, part 10\ns 91 om LA s 89 (3)\nTransitional\npt 20 hdg reloc from Legal Profession Regulation 2006 pt 10 hdg by\nApplication of section 15A—prescribed agency\ns 100 reloc from Legal Profession Regulation 2006 s 36 by\nModification of Act, ch 10, s 605 (2)—Act, s 618\ns 101 reloc from Legal Profession Regulation 2006 s 37 by\n\nModification of Act, ch 10, s 605 (3)—Act, s 618\ns 102 reloc from Legal Profession Regulation 2006 s 38 by\nModification of Act, ch 10, s 606 (2)—Act, s 618\ns 103 reloc from Legal Profession Regulation 2006 s 39 by\nModification of Act, ch 10, s 606 (3)—Act, s 618\ns 104 reloc from Legal Profession Regulation 2006 s 40 by\nModification of Act, ch 10, s 607 (2)—Act, s 618\ns 105 reloc from Legal Profession Regulation 2006 s 41 by\nModification of Act, ch 10, s 607 (3)—Act, s 618\ns 106 reloc from Legal Profession Regulation 2006 s 42 by\nModification of Act, ch 10, s 608 (1)—Act, s 618\ns 107 reloc from Legal Profession Regulation 2006 s 43 by\nModification of Act, ch 10, new section 612A —Act, s 618\ns 108 reloc from Legal Profession Regulation 2006 s 44 by\nModification of Act, ch 10, new section 617A —Act, s 618\ns 109 reloc from Legal Profession Regulation 2006 s 45 by\nExpiry—pt 10\ns 110 reloc from Legal Profession Regulation 2006 s 46 by\nModification of Act\nsch 1 ins SL2008-13 s 5\nexp 26 August 2008 (s 90 (2))\n\nAmendment history 4\ndict am A2008-29 amdt 1.31; A2011-28 amdt 3.147; A2014-17\namdt 1.104\ndef BSB number ins A2011-28 amt 3.148\ndef matter description ins A2011-28 amt 3.148\ndef matter reference ins A2011-28 amt 3.148\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 Oct 2007\n1 Oct 2007–\n2 Oct 2007\nnot amended new regulation\n3 Oct 2007\n3 Oct 2007–\n31 Mar 2008\nnot amended commenced expiry\n1 Apr 2008\n1 Apr 2008–\n25 Aug 2008\nSL2008-13 amendments by\nSL2008-13\n26 Aug 2008\n26 Aug 2008–\n26 Aug 2008\nA2008-29 commenced expiry\n27 Aug 2008\n27 Aug 2008–\n1 Oct 2008\nA2008-29 amendments by\nA2008-29\n2 Oct 2008\n2 Oct 2008–\n1 Feb 2009\nA2008-37 commenced expiry\n2 Feb 2009\n2 Feb 2009–\n20 Sept 2011\nA2008-37 amendments by\nA2008-37\n21 Sept 2011\n21 Sept 2011–\n1 Oct 2012\nA2011-28 amendments by\nA2011-28\n2 Oct 2012\n2 Oct 2012–\nA2011-28 expiry of provision\n(s 10 (3)-(5))\nR10*\n12 June 2014–\nA2014-17 amendments by\nA2014-17\n10 June 2015–\nA2015-15 amendments by\nA2015-15\n\nEarlier republications 5\nNo and date\nEffective Last\namendment\nmade by\nfor\n21 June 2019–\n13 Nov 2019\nA2019-17 amendments by\nA2019-17\n14 Nov 2019\n14 Nov 2019–\n23 Aug 2022\nA2019-42 amendments by\nA2019-42","sortOrder":88}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3304},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"While the regulation has been amended multiple times since 2007—including the removal of entire Parts (such as Part 8 on professional indemnity insurance, omitted in 2014) and the expiry of transitional provisions—it remains focused on its original purpose of operationalising the *Legal Profession Act 2006*. The amendments represent evolutionary refinements (such as updated trust accounting procedures and adjustments to foreign lawyer provisions) rather than a significant expansion beyond the original intent of regulating legal practice, professional conduct, and client money protection in the ACT."},"complexity_factors":["84 operative sections across 10 Parts, plus a Dictionary with 7 additional defined terms (e.g., 'BSB number', 'matter reference', 'notional amount') and numerous signpost definitions referencing the parent Act","Extensive cross-referencing to the *Legal Profession Act 2006* (referred to throughout as 'the Act'), the *Corporations Act 2001* (Cth), and Commonwealth veterans' legislation","Highly conditional qualification pathways for practising certificates (Table 10 in section 10 presents 6 alternative qualification routes with nested sub-paragraphs)","Detailed procedural and accounting requirements for trust money, including specific time limits (e.g., 'not later than 4 working days', '15 working days after the end of the month'), mandatory reconciliation statements, and technical banking terminology (BSB numbers, ADIs)","Complex formulae for statutory deposits involving 'notional amounts' calculated as the lowest balance over 6-month or 12-month periods, with tiered deposit obligations (section 71)","Multiple exceptions and exemptions throughout (e.g., sophisticated clients in section 58, exempt persons in sections 6-7, disclosure exceptions in section 83, trust account exemptions in section 81)","Conditional logic for record-keeping that varies based on whether records are computerised (Division 6.2) or manual, and whether money is general trust money, controlled money, or transit money"],"plain_english_summary":"This regulation sets out the detailed operating rules for the legal profession in the Australian Capital Territory (ACT) under the *Legal Profession Act 2006*. It affects lawyers, law firms, foreign lawyers practising in the ACT, and their clients.\n\n**What it covers:**\n\n*   **Who can use legal titles** — Rules about who may call themselves a \"lawyer\", \"solicitor\", \"barrister\", or \"counsel\". It also exempts certain people (like specific employees of ActewAGL-linked companies and volunteer advocates for veterans) from needing a law licence to do limited legal work.\n\n*   **Practising certificates** — The qualifications needed to get or renew a licence to practise law (an *unrestricted practising certificate*), including requirements for *supervised legal practice* (working under the guidance of an experienced lawyer for 18 months to 2 years after first being admitted). It also lists extra reasons why the Law Society can suspend or cancel a lawyer's licence, such as failing to pay fines or breaching trust accounting rules.\n\n*   **Handling client money (Trust Accounts)** — Strict rules for how law firms must handle *trust money* (funds held for clients). This includes:\n    *   How to set up and name trust accounts at approved banks.\n    *   Detailed record-keeping requirements (receipts, cash books, ledgers).\n    *   Specific time limits for recording transactions (e.g., within 4 working days).\n    *   Monthly reconciliation of accounts and external audits.\n    *   Rules for *controlled money* (funds deposited in separate accounts for specific clients) and *transit money* (funds passed through briefly).\n    *   Requirements for *statutory deposits* — where firms must deposit a portion of trust funds with the Law Society as a safety net.\n\n*   **Foreign lawyers** — Limits what overseas-qualified lawyers can do in the ACT (e.g., they can appear in some arbitrations and mediations but not generally in court). It requires them to hold appropriate insurance and disclose their status to clients.\n\n*   **Fidelity cover** — Rules for a compensation fund (*fidelity fund*) that pays clients if a lawyer steals their money, including caps on payments ($200,000 for most claims) and contributions required from interstate practitioners.\n\n*   **Costs and complaints** — When lawyers must disclose their fees to clients, and what details must be recorded in registers of disciplinary action.\n\n**Why it matters:**\nThis regulation protects the public by ensuring lawyers are properly qualified, handle client money safely and transparently, and maintain professional standards. It provides the practical \"how-to\" rules that make the broader Legal Profession Act enforceable."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation has been amended repeatedly since its original 2007 enactment. The amendment history (Endnotes and 'Amendment history') records changes to many substantive provisions (for example, ss 6, 7, 8, 9, 10, 12, 14, 15, 37, 62, 65, 71 and others were amended by later Acts and regulations: see Endnote 4). Some provisions expired or were omitted and others were renumbered or relocated (Endnotes 3–4). Those legislative amendments have altered scope and operation in specified areas—examples include updated presumptions about use of titles (s 8 amendments), changes to application of statutory conditions for certain practitioners (s 9 amended), adjustments to criteria for practising certificates (s 10 amendments and expiry of some subparagraphs), and changes to trust account establishment rules (s 37 amendments). The republication notes and amendment history should be consulted to determine the current operative text and to trace how particular obligations were narrowed, expanded or otherwise altered over time."},"complexity_factors":["Extensive cross‑references to the Legal Profession Act 2006 and to external statutes (e.g. Corporations Act) creating multiple legal interfaces (see s 19 and dictionary notes).","Large volume of detailed, technical trust accounting rules that specify formats, timing, sequencing, and backup procedures (Part 6, esp. ss 33–49, 63–66).","Multiple administrative actors with discretionary powers (law society council, relevant councils, Attorney‑General, external examiners) and many decision nodes (ss 31, 70–78, 74, 81, 21, 66–68).","Financial and liquidity mechanics (statutory deposits, fidelity fund contributions and caps) that require calculations and periodic reconciliation (ss 69–76, 25–26, 85).","Record retention and evidence rules with differing retention triggers and periods (ss 33, 36, 63–64), raising practical implementation complexity.","Prescriptive controls on electronic accounting systems including anti‑tampering, required fields and printing/archiving rules (ss 33–36), which impose technical system requirements.","Multiple categories of practitioners and registration statuses (Australian legal practitioners, interstate, Australian‑registered foreign lawyers, locally‑registered foreign lawyers) with differing obligations (Parts 4–5).","Detailed procedural rules for withdrawals, transfers, and authorisations with multiple alternative signatory conditions (ss 41–42, 47, 54).","Amendment history and expired/modified provisions requiring attention to versioning and commencement timings (see Endnotes and Amendment history)."],"plain_english_summary":"# What this regulation does (mechanically)\n\nThis regulation sets detailed rules for how legal services are practised and regulated in the Australian Capital Territory (ACT) under the Legal Profession Act 2006. It mostly prescribes operational, record‑keeping and reporting requirements for law practices, Australian and locally‑registered foreign lawyers, and the law society. Key mechanical changes and rules include:\n\n- Prescribing who may use particular legal names and titles and in what circumstances (see s 8).\n- Defining narrow exemptions from the reservation of legal work for specified employees and volunteers (see ss 6–7).\n- Setting the qualifications and experience needed to obtain or renew unrestricted practising certificates (see s 10) and timeframes for renewals (s 12).\n- Laying out grounds for suspension or cancellation of practising certificates (s 14) and particulars to be kept in public registers (s 15, s 28).\n- Specifying the scope of practice for Australian‑registered foreign lawyers and disclosure obligations where different insurance or fidelity arrangements apply (ss 22–27, 24).\n- Establishing detailed trust accounting rules covering: how general trust accounts and controlled money accounts must be named and held (s 37, s 51); how receipts, deposits, payments, transfers, reconciliations and ledgers must be recorded, printed and retained (ss 33–36, 38–49); backup and external examination requirements (ss 36, 66–68); and retention periods for trust records (ss 63–64).\n- Requiring law practices that meet a notional threshold to deposit part of trust balances with the law society (statutory deposits) and prescribing how those statutory deposit and statutory interest accounts are to be operated and audited (ss 69–78, esp. s 71).\n- Setting caps on payments from the fidelity fund, and enabling protocols and information exchange between regulatory authorities (ss 85–86).\n- Specifying notice, disclosure and contribution requirements for interstate practitioners who are authorised to withdraw from local trust accounts (ss 87–88).\n\n# Who this affects\n\n- Law practices and their principals and associates: must follow trust accounting, recordkeeping, notification and external examination rules (Part 6, especially ss 33–55, 66–68, 79–81).\n- Australian legal practitioners and interstate practitioners: qualifications, practising certificate rules, grounds for suspension/cancellation and register particulars apply (Part 4, especially ss 9–16, 21).\n- Australian‑registered and locally‑registered foreign lawyers: scope of permitted work, trust account rules and disclosure obligations apply (Part 5, ss 22–28).\n- The law society council and relevant councils: given powers to approve ADIs, operate statutory accounts, audit deposits, grant exemptions and publicise orders (ss 31, 70–78, 81, 21).\n- Clients and other third parties: receive receipts, trust account statements and prescribed disclosures in particular circumstances (ss 38, 57–58, 24, 27).\n\n# Official purpose claims (as stated in the instrument)\n\nThe regulation operates under the Legal Profession Act 2006 and implements rules for trust money handling, professional titles, practising certificates, fidelity cover and discipline. It declares procedures and thresholds intended to regulate practice, protect trust money, ensure transparency and enable supervision and enforcement (see overview of Parts 3–10 and specific provisions such as ss 37, 57, 66, 71, 85). These aspects are presented in the instrument as measures to manage risk associated with legal practice and trust money.\n\n# Practical effects, costs, incentives and trade‑offs (source‑grounded)\n\n- Compliance and administrative costs: Law practices must maintain detailed trust accounting systems, produce printed copies of specified records monthly, keep backups, retain records for multi‑year periods and make files available to investigators and external examiners (ss 33–36, 63–66). These requirements impose predictable staff time, systems and storage costs.\n\n- Liquidity effects for law practices: If a law practice’s notional general trust account balance meets the threshold, the practice must deposit 2/3 of that notional amount with the law society (s 71). Those statutory deposits are repayable on demand but only where specified conditions are met (s 72). This mechanism reduces the amount of immediately usable funds in a practice’s trust account and therefore affects short‑term liquidity.\n\n- Who pays and who bears risk: Law practices and practitioners pay the costs of compliance, statutory deposits and contributions to the fidelity fund (ss 71, 25–26, 88). The fidelity fund provides capped payouts for claims (s 85), so claimants and other victims face the residual risk beyond the cap.\n\n- Record integrity and auditability: The regulation requires systems designed to prevent certain accounting manipulations (e.g. controls to prevent producing debit balances without a contemporaneous chronological record, restrictions on deleting ledger accounts unless zero balance, print and numbering requirements) (ss 35(1)–(6)). Those rules increase the technical integrity and auditability of trust records but require compatible accounting systems and procedures.\n\n- Regulatory discretion and decision nodes: The law society council (and, where applicable, relevant councils or the Attorney‑General) has multiple decision powers: approving ADI arrangements and imposing conditions (s 31), deciding whether to reduce notional amounts on application (s 74), entering protocols with other authorities (s 86), granting exemptions from compliance (s 81), and operating statutory accounts and consenting to use of funds (ss 70–78). These are concrete points where administrative judgement shapes outcomes.\n\n- Enforcement levers and consequences for behaviour: Failure to comply with recordkeeping or trust obligations can trigger investigations, external examinations, suspension or cancellation of practising certificates and public notices (ss 14, 21, 65–68). Those enforcement provisions change practitioner behaviour by raising the cost of non‑compliance.\n\n- Effects on competition and private choice: The rules set uniform minimum standards for trust handling and title usage (ss 8, 37, Part 6). They constrain some operational freedoms (how accounts are named, where held, how trust funds must be handled), which tends to standardise practice across firms. The statutory deposit requirement allocates part of trust balances to the professional body (s 71), which may have differing effects on small versus large practices because of liquidity and size differences.\n\n- Interaction with external law and entities: The regulation explicitly displaces and interacts with Corporations legislation in one provision (s 19) and requires arrangements with approved ADIs (s 31). These cross‑legal links mean practices must ensure compliance both with this regulation and with banking and corporations law where those links exist.\n\n# Specific compliance‑burden highlights (section citations)\n\n- Monthly printing and retention obligations for computerised trust records (s 33).\n- Requirement to keep chronological audit trails and to prevent unauthorised deletions or silent amendments (ss 34–35).\n- Monthly backups and off‑site storage of backups (s 36).\n- Detailed contents, timing and sequencing requirements for receipts, deposit records, cash books, ledger entries and reconciliations (ss 38–49, 44–46, 48).\n- External examiner appointment and reporting timelines (ss 66–68).\n- Statutory deposit calculation, timing and repayment rules (ss 69–75).\n\n# Concentrated benefits and diffuse costs (mechanisms, source‑grounded)\n\n- The law society receives and operates statutory deposits and statutory interest (ss 70–76) and therefore gains control over pooled funds and associated interest (s 70(2)). That control is exercised through processes that require consultation with the bar council if the funds are to be used (s 77). The regulation also allows the law society to make decisions reducing required deposits in particular cases (s 74). These are concrete mechanisms by which the law society acquires administration and potential financial benefit (through interest) from deposits.\n\n- Costs (recordkeeping, potential liquidity restriction from statutory deposits, contributions to fidelity fund) fall on law practices and ultimately on clients through the economics of practising entities; the instrument prescribes those costs rather than describing who should internalise them (see ss 33–36, 71, 25–26).\n\n# Implementation and operational risks (source‑grounded)\n\n- Practices must rely on approved ADIs and compatible accounting software to meet printing, backup and audit trail requirements (ss 31, 33–36). If systems or ADI arrangements fail to meet conditions, practices face compliance risk.\n\n- Delegation/authorisation controls are tightly specified for withdrawals, journal transfers and signatories; failures in authorisation processes create exposure to regulatory action (ss 41–42, 47, 54).\n\n# Where discretion lies (summary)\n\n- Law society council: conditions on ADI approval, exemptions from trust part compliance, decisions on notional amount reductions, operation and consent for use of statutory interest account, and protocols with correspondents (ss 31, 74, 70–78, 81, 86).\n- Relevant councils and Attorney‑General: publicising orders, fixing dates for deposit requirements, and approving use of funds (ss 21, 72(5), 77).\n\n# Short takeaway\n\nThe regulation turns broad statutory duties in the Legal Profession Act into detailed, prescriptive operational rules for trust accounting, professional titles, practising certificates, fidelity and discipline. It centralises several administrative roles with the law society council and other regulatory bodies, sets financial flows (statutory deposits, fidelity fund contributions) that affect law practice liquidity, and imposes significant recordkeeping, audit and reporting obligations on law practices (see Parts 3–6, especially ss 33–36, 37, 71, 85)."}},"importantCases":[],"_links":{"self":"/api/acts/legal-profession-regulation-2007","history":"/api/acts/legal-profession-regulation-2007/history","analysis":"/api/acts/legal-profession-regulation-2007/analysis","conflicts":"/api/acts/legal-profession-regulation-2007/conflicts","importantCases":"/api/acts/legal-profession-regulation-2007/important-cases","documents":"/api/acts/legal-profession-regulation-2007/documents"}}