Legal Practice Board Amendment Rules 2003 (WA)
9 May 2003 GOVERNMENT GAZETTE, WA 1619 LEGAL PRACTICE BOARD
Amendment Rules 2003.
1,X301*
Legal Practitioners Act 1893
Legal Practice Board Amendment Rules 2003
Made under section 6 by The Legal Practice Board.
1. Citation
These rules may be cited as the Legal Practice Board
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2. The rules amended
The amendments in these rules are to the Legal Practice Board
Rules 1949*[* Reprinted as at 9 March 2001. For amendments to 17 April 2003 see 2001 Index to
Legislation of Western Australia, Table 4, p. 190, and Gazette 18 June and 30 August 2002.]
3. Rule 13 amended
Rule 13 is amended by deleting "Meetings" and inserting instead -
Subject to rule 13A, meetings
4. Rule 13A inserted
After rule 13 the following rule is inserted -
13A. Urgent convening of meetings If at a meeting of a Committee of the Board at which not less than 4 members of the Board are present the Committee has a bona fide belief that the urgency of the situation requires an immediate decision of the Board, that Committee may immediately sit as the
Board for the purposes of making that decision.5. Rule 97A inserted
After rule 97 the following rule is inserted -
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97A. Electronic transfer of funds
(1) An electronic transfer of funds in a trust account by a
practitioner shall be effected by - (a) the practitioner; (b) a partner of the practitioner; or (c)
2 persons authorised by the practitioner in writing to effect an electronic transfer of the funds from the trust account concerned.
(2) The practitioner must ensure that the following
particulars are kept in relation to each transfer effected
under subrule (1) -
(a) the name of the practitioner or partner who
effected the transfer or, if the transfer was
effected by 2 persons authorised in writing, the
names of those persons;
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(b) details identifying the trust ledger account from which the funds were transferred and the name of the person on whose behalf the funds were transferred; (c) brief particulars of the subject matter and the purpose for which the funds were transferred; (d) a number or other means of identification of the transfer by reference to a numerical sequence of payments from the trust account concerned; (e) the name or type of the bank account to which the funds were paid, its number and the identifying numbers of the receiving bank and its branch; (f) the date of the transfer and the amount transferred. 6. Schedule 1 Form U replaced
Schedule 1 Form U is deleted and the following form is inserted instead -
Form U
Rules of The Legal Practice Board Part VIII, Rule 61
APPLICATION FOR A PRACTICE CERTIFICATE
I, (Mr/Mrs/Miss/Ms/Dr)
of
(Place ofresidence-please (Suburb) (Postcode) (Home provide street address) telephone)
hereby make application for a practice certificate for the twelve months
commencing on the I't of July in the year in which this application is made.
SECTION A - PRAC
L(a) I practise: -(Please provide details which will be in effect JSI
on July)
o on my own behalf under the firm name of____________________ El as an equity partner of the firm of____________________________ o as a salaried partner of the firm of____________________________ El as an employee of________________________________________ 0 as a consultant with the firm of_______________________________ o as a corporate solicitor with 0 as a member of the Independent Bar
0
OR
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(b) D I am not currently working as a legal practitioner but wish to
apply for a practice certificate.
2. D My place of business is:
D My employer's place of business is:
(Street address) (Suburb) (Postcode) (Telephone) (Fax) (Email) (P0 Box address)
. Ifyou are associated with more than one place ofpractice please record details of the other firm (s)/employer(s) on a separate sheet and attach it to this application. ECTION L- ADMISSION IN OTHER JURISDICTION
3. 1 am also on the Roll of Practitioners for
(Ifyou are a QC or SC in another jurisdiction, please provide
details)
~ECTIOAU TRUST ACCOUNTS
4.(a) I/my firm keep/s a Trust Account which is audited by
(Name of auditor)
of
(Firm)
(b) I/my firm maintain/s a Trust Bank Account at
(Bank) (Branch)
(c)
I enclose the Accountant's Certificate pursuant to Division III of Part XI of the Legal Practice Board Rules 1949.
OR
5.(a) I do not keep and am not liable under the Act and Rules to keep a separate Trust Account being -
o an employee of a firm El a Practitioner who does not hold or disburse money on behalf of
some other person.
(b) I will advise the Legal Practice Board if any obligation to keep a Trust
Account arises during the year in respect of which this application is made.
SECTION D - PROFESSIONAL INDEMNITY INSURANC
6. I have complied with Professional Indemnity Insurance Regulations, as required by Law Mutual.
9 May 2003 GOVERNMENT GAZETTE, WA 1623 7.(a) I am not bankrupt.
(b) I have not applied to take benefit of a law for the relief of bankrupt or
writing and attach to this application.
insolvent debtors (s. 16A(3)).
SECTION F - PAYMI
8. Iwish to pay by-
0 Cheque 0 Cash 0 Electronic Funds 0 Credit
Transfer Card
(a) the practice fee payable upon this application (b)
my contribution to the Solicitor's Guarantee Fund - Contribution No.
TOTAL
SECTION G - CHANGE OF PARTICUAI
9. I will comply with Rule 63 of the Legal Practice Board Rules 1949
which states as follows:
"If any of the particulars furnished by a practitioner in an application
for a practice certificate ceases to be true and accurate at any time
before the practice certificate issued with respect to that application
expires, the practitioner shall notify the Secretary immediately of the
changed particulars and the Secretary shall amend the register kept
under this Part accordingly."10. I confirm that the contents of this application are true and correct.
Signature of applicant Date APPLICATION MUST BE MADE BEFORE 30 JUNE.
Date: 24/4/03. Ms G. A. ARCHER, Member.
Mr M. T. RITTER, Member.
Ms A. M. LISCIA, Member.
Mr R. K. O'CONNER, QC, Member.
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