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Legal Profession Act 2006
489Effect of service of notice of appointment of manager
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489 Effect of service of notice of appointment of manager
(a) the person is given notice under section 488 of the appointment
of a manager for a law practice; and
(b) the person is a legal practitioner associate of the practice who is
named in the notice under section 488 (2) (f); and
(c) the person participates in the affairs of the practice otherwise
than under the direct supervision of the manager.
(2) Strict liability applies to subsection (1) (a) and (b).
(3) If an ADI is given notice under section 488 of the appointment of a
manager for a law practice, then, while the appointment is in force,
the ADI must ensure that no funds are withdrawn or transferred from
a trust account of the practice unless—
drawn on the account signed by—
(iii) a nominee of the manager or receiver; or
(b) the withdrawal or transfer is made by means of electronic or
internet banking facilities by—
(iii) a nominee of the manager or receiver; or
by—
(iii) a nominee of the manager or receiver.
(4) A person commits an offence if—
(a) the person is given notice under section 488 of the appointment
of a manager for a law practice; and
(5) Strict liability applies to subsection (4) (a).
(6) Subsection (4) does not apply to an ADI, the manager for the law
practice, a receiver for the practice or a legal practitioner associate to
whom subsection (1) applies.
(7) The manager for a law practice may, for subsection (3) (b), enter into
arrangements with an ADI for withdrawing funds from a trust account
of the practice using electronic or internet banking facilities.
(8) If an amount is withdrawn or transferred in contravention of
subsection (3) from a trust account of the law practice kept with an
ADI, the manager for the practice, or a receiver for the practice, may
recover the amount from the ADI as a debt in a court of competent
(9) The manager or receiver for the law practice must pay any amount
recovered from the ADI under subsection (8) into the trust account of
the practice or another trust account nominated by the manager or
receiver.