Legal Practice Board Rules 2004 (WA)
Western Australia
Legal Practice Act 2003
These rules were repealed by the
Western Australia
Western Australia
Legal Practice Act 2003Legal Practice Act 2003
These rules may be cited as the
In these Rules —
(1) Elections to elect members of the Board for the purposes of section 7(1)(d) are to be held on the first Tuesday in April each year.
(2) If the first Tuesday in April is a day when the offices of the Supreme Court are closed, the election is to be held on the second Tuesday in April.
The Board is to appoint a returning officer and an assistant returning officer for each election.
(1) A legal practitioner who is eligible to be a member of the Board may nominate as a candidate in an election by giving a notice of intention to stand to the Board at least 28 days before the election date.
(2) A notice of intention to stand is to be signed by the nominee and countersigned by another legal practitioner who is eligible to vote in the election.
If the number of candidates in an election is less than or equal to the number of vacancies, the candidates are all elected and the election need not be held.
(1) If the number of candidates in an election exceeds the number of vacancies, the secretary is to give a ballot paper to each legal practitioner who is eligible to vote in the election.
(2) On the ballot paper —
(a) the candidates are to be listed in the order determined by lot by the secretary; and
(b) a candidate who is a member of the Board standing for re‑election is to be identified as such.
(3) The secretary is to give the ballot paper —
(a) with a ballot paper envelope for the purposes of rule 8(1)(b);
(b) in an envelope marked “Confidential” and initialled by the secretary; and
(c) at least 10 days before the election date.
8. Voting (1) A legal practitioner who is eligible to vote in an election may cast his or her vote by —
(a) indicating on the ballot paper, by clearly scoring through them, the names of the candidates for whom the legal practitioner does not wish to vote;
(b) sealing the ballot paper in an envelope marked “Ballot Paper” and signing the envelope; and
(c) returning the ballot paper to the secretary.
(2) A vote is not valid unless it is received by the secretary before 12 noon on the election date.
(3) A legal practitioner must not cast more than one vote in an election.
(4) As soon as practicable after 12 noon on the election date —
(a) the secretary is to give to the returning officer, unopened, all the ballot paper envelopes returned under subrule (1)(c);
(b) the returning officer, assisted by the assistant returning officer, is to —
(i) open the ballot paper envelopes;
(ii) decide on the validity of each ballot paper; and
(iii) record the number of votes cast for each candidate.
(5) When all the votes have been counted the returning officer is to give to the Board —
(a) the record of votes signed by the returning officer and the assistant returning officer; and
(b) the valid and invalid ballot papers (in 2 separate, clearly marked bundles).
(6) The candidates, equal in number to the number of vacancies, who receive the most votes are elected.
(7) If —
(a) 2 or more candidates receive the same number of votes; and
(b) after candidates who received more votes are elected, the number of vacancies left is less than the number of candidates referred to in paragraph (a),
the chairperson has a casting vote to decide which of the candidates referred to in paragraph (a) is elected.
The people elected under rules 6 or 8 take office on the Thursday after the election date.
The secretary is to cause a notice setting out the names of the successful candidates, and of all other members of the Board, to be published in the
A failure by the secretary to give a ballot paper to a legal practitioner in accordance with rule 7, or the non‑receipt of a ballot paper by a legal practitioner, does not affect the validity of an election.
(1) Board meetings are to be held —
(a) at the times and places determined by the Board; and
(b) at other times at the request of the chairperson or 2 members of the Board.
(2) A request for a Board meeting is to be in writing, signed by the chairperson or members of the Board and given to the secretary at least 48 hoursbefore the time requested for the meeting.
The presence of a person at a meeting of the Board need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, or other means of instantaneous communication.
(1) If a committee decides that the urgency of a matter being considered at a committee meeting requires immediate consideration by the Board, the members of the committee present at the meeting may immediately sit as the Board for the purpose of considering, and making a decision on, that matter.
(2) Rules 12 and 13 do not apply to a meeting held under subrule (1).
(1) A resolution in writing signed, or otherwise assented to, by at least 4 members of the Board has the same effect as if it had been passed at a meeting of the Board.
(2) Subrule (1) does not apply unless —
(a) each member of the Board has been given a notice —
(i) setting out the proposed resolution; and
(ii) requesting the member to respond in writing to the secretary indicating whether the member supports or opposes the resolution not later than the time specified in the notice (the
response time );
and
(b) the majority of members whose responses are received by the secretary at or before the response time support the resolution.
(3) A resolution made under subrule (1) is taken to have been passed at the later of —
(a) the response time; or
(b) the time when the fourth member signed or otherwise assented to the resolution.
(4) The non‑receipt by a member of the Board of notice of the resolution does not affect the validity of the resolution.
The Board cannot rescind or amend a resolution passed at a previous Board meeting unless notice of the proposed rescission or amendment is given in the notice convening the meeting.
(1) The secretary is to keep minutes of every Board meeting.
(2) The minutes, when signed by the chairperson of that or a subsequent meeting, are binding and conclusive for all purposes.
(1) The Board is to appoint a convenor and deputy convenor for each committee.
(2) Schedule 1 clauses 1 and 6 of the Act apply to a convenor and deputy convenor.
(1) Schedule 1 clauses 3, 4 and 5 of the Act and rules 12, 13, 15, 16 and 17(1) apply to committee meetings.
(2) The minutes of a committee meeting, when signed by the convenor of that meeting or by the chairperson, are binding and conclusive for all purposes.
For the purpose of applying the provisions referred to in rules 18(2) and 19(1), a reference in those provisions to —
(a) the Board, is to be read as a reference to the committee;
(b) the chairperson, is to be read as a reference to the convenor;
(c) the deputy chairperson, is to be read as a reference to the deputy convenor; and
(d) a member of the Board, is to be read as a reference to a member of the committee.
For the purposes of section 19(1)(b), the required examinations are the examinations needed to be passed to obtain a degree or other qualification referred to in section 27(2)(a)(i) or (ii) or (2)(b)(i).
(1) A person wanting to register articles must lodge an application for registration of articles with the Board.
(2) An application for registration of articles is to be in the form of Form 1 and is to be accompanied by —
(a) a deed of articles of clerkship in the form of Form 2; and
(aa) an undertaking in the form of Form 2A from the person who is to be the principal; and
(b) 2 certificates of good character in the form of Form 3; and
(c) documentary evidence of the educational qualifications that entitle the applicant to be admitted certified by the university from which those qualifications were obtained; and
(d) a certificate from the Police Force, given not more than one month before the application is lodged, setting out details of any offences committed by the applicant; and
(e) a certified copy of the applicant’s birth certificate; and
(f) payment of a fee of $200.
(3) If the requirement for the applicant to serve a term of articles is imposed under section 27(3)(b), subrule (2)(aa) does not apply unless the applicant is required under section 27(3)(a) to satisfy the requirements for practical legal training prescribed for the purposes of section 27(1)(a).
(1) If an event referred to in section 22 occurs, the articled clerk may apply to the Board to —
(a) assign his or her articles to a new principal; or
(b) cancel the registration of his or her articles and register new articles with another legal practitioner for the unexpired balance of the term of the former articles.
(2) An application for registration of assignment of articles is to be —
(a) in the form of Form 4; and
(b) accompanied by a deed of assignment of articles in the form of Form 5.
(3) An application to cancel the registration of articles and register new articles is to be —
(a) in the form of Form 6; and
(b) accompanied by a deed of articles of clerkship in the form of Form 2.
(3a) An application referred to in subrule (2) or (3) is to also be accompanied by —
(a) a certificate in the form of Form 7 from the former principal in respect of the period of articles prior to the assignment or registration of new articles; and
(b) a statement from the former principal setting out the extent to which the articled clerk has completed his or her practical legal training; and
(c) an undertaking in the form of Form 2A from the person who is to become the principal.
(3b) Without limiting rule 76, subrule (3)(a) and (b) do not apply if the application has been made because of the death of the former principal.
(4) When articles are assigned or replaced the obligations of the former principal under the deed of articles cease when the assignment is, or new articles are, registered.
(5) In this rule —
Registration of articles, or an assignment of articles, takes effect on the date determined by the Board.
An articled clerk must notify the Board of any change in any of the information given in or with the application for registration of articles, or any application lodged under rule 23.
(1) During the term of his or her articles, an articled clerk must —
(a) comply with his or her obligations under those articles; and
(b) attend all courses determined by the Board in relation to articled clerks in general or that articled clerk in particular.
(2) During the term of an articled clerk’s articles, a principal must —
(a) comply with his or her obligations under those articles; and
(b) provide, or arrange for the provision of, any of the articled clerk’s practical legal training that the principal undertook to provide or have provided on his or her behalf; and
(c) ensure that the duties required of the articled clerk do not prevent the articled clerk from —
(i) satisfying the requirements for practical legal training prescribed for the purposes of section 27(2)(a); and
(ii) satisfying any requirements imposed on the articled clerk under section 27(3)(a); and
(iii) complying with the articled clerk’s obligations under subrule (1)(b).
(1) The Board may supervise the conduct of articled clerks in general or an articled clerk in particular.
(2) For the purposes of subrule (1) the Board may require an articled clerk or principal to —
(a) make available to the Board any document or other information in his or her possession or control;
(b) appear before the Board and answer questions put to the person.
(3) If the Board determines that an articled clerk has not complied with his or her obligations under the Act or his or her articles, the Board may determine that a specified period not be counted as part of the term of those articles.
For the purposes of section 27(2)(a)(i) the following universities are specified —
(a) The University of Western Australia; and
(b) Murdoch University; and
(c) The University of Notre Dame Australia; and
(d) Edith Cowan University.
(1) A person intending to apply for admission as a person qualified under section 27(2)(a)(ii) must, after obtaining the qualification or during his or her final year of study, apply to the Board for its opinion of his or her qualification.
(2) An application under subrule (1) is to be in the form of Form 8 and be accompanied by —
(a) a copy of the person’s academic record; and
(b) payment of a fee of $300.
(3) A person who lodges an application under subrule (1) during his or her final year of study must, after obtaining the qualification, give to the Board a copy of his or her academic record including the completed qualification.
(1) For the purposes of section 27(2)(a), the prescribed term of articles is —
(a) one year; or
(b) if the person has —
(i) after obtaining a degree or other qualification referred to in section 27(2)(a) of the Act; and
(ii) during the 2 years preceding the registration of his or her articles,
been engaged in employment determined by the Board to have provided sufficient professional training and experience to justify a shorter term of articles, 6 months.
[(2) Repealed]
(1) For the purposes of section 27(2)(a) the prescribed requirements for practical legal training are —
(a) completion, to the satisfaction of the Board, of all of the courses forming part of the Articles Training Programme for subjects that are not the optional subjects; and
(b) in relation to each optional subject, completion, to the satisfaction of the Board, of either —
(i) the Articles Training Programme course for that subject; or
(ii) practical legal training in that subject to the standard required by the Uniform Admission Rules, provided to an articled clerk by or on behalf of his or her principal.
(2) In this rule —
(a) commercial and corporate law practice; or
(b) property law practice,
as described for the purposes of the Articles Training Programme;
(1) A person intending to apply for admission as a person qualified under section 27(2)(b) must apply to the Board for —
(a) its opinion of his or her qualifications and experience; and
(b) a determination of the requirements the Board would impose under section 27(3) for the applicant to be qualified to be admitted.
(2) An application under subrule (1) is to be in the form of Form 9 and be accompanied by —
(a) a copy of the person’s academic record; and
(b) payment of a fee of $300.
(3) If the person is seeking approval of his or her experience for the purposes of section 27(2)(b)(ii) the application is to also be accompanied by —
(a) a copy of the person’s admission certificate (or its equivalent) for each jurisdiction in which the person is admitted;
(b) a copy of the person’s practice certificate (or its equivalent) for each jurisdiction in which the person is entitled to practice; and
(c) copies of any documents evidencing the person’s experience in legal practice.
(1) Before applying to the Court for admission a person must give a notice of intention to apply for admission to the Board.
(2) A notice of intention to apply for admission must be given to the Board at least —
(a) if the person is qualified under section 27(2)(b) and is not admitted in another State or Territory or in New Zealand, 3 months; or
(b) otherwise, 2 months,
before applying to the Court for admission.
(3) A notice of intention to apply for admission is to be in the form of Form 10 and be accompanied by —
(a) documentary evidence of the educational qualifications that entitle the applicant to be admitted certified by the university from which those qualifications were obtained; and
(b) a certificate from the Police Force, given not more than one month before the notice is given to the Board, setting out details of any offences committed by the person in this State; and
(c) payment of the fee prescribed by rule 37.
(4) If the person is qualified under section 27(2)(a) the notice is to also be accompanied by —
(a) a certificate in the form of Form 7 from each legal practitioner with whom the person served articles; and
(b) 2 certificates of good character in the form of Form 11 from —
(i) local practitioners of at least 2 years’ standing; or
(ii) if the person is qualified under section 27(2)(b), people of good repute and standingfrom the jurisdiction in which the person is currently practising or last practised.
(5) If the Board imposed any requirements on the person under section 27(3) the notice is to also be accompanied, if the requirements were imposed under —
(a) section 27(3)(a), by documentary evidence that the person has satisfied those requirements; and
(b) section 27(3)(b), by a certificate of completion of articles in the form of Form 7 from the person’s principal.
(5a) Despite subrule (2)(b), the certificates referred to in subrule (4)(a) and (5)(b) —
(a) may be given to the Board after the applicant has lodged his or her notice of intention to apply for admission; and
(b) must be given to the Board at least 14 days before the applicant applies to the Court for admission.
(6) If the person is qualified under section 27(2)(b)(ii) the notice is to also be accompanied by —
(a) a certificate from the regulatory authority corresponding to the Supreme Court in each jurisdiction in which the person has been admitted stating whether the person —
(i) is still on the roll of admitted practitioners (or its equivalent), and if not, giving details of when and why the person was removed from the roll;
(ii) has ever been struck off or suspended, and if so, giving details of when, why and for what period the person was struck off or suspended; and
(iii) has ever been the subject of a complaint to the regulatory authority, and if so, giving the date of the complaint and details of its nature and how it was dealt with; and
(b) a certificate from the regulatory authority corresponding to the Complaints Committee in each jurisdiction in which the person has been admitted stating whether the person —
(i) has ever been the subject of a complaint to the authority; and
(ii) if so, giving the date of the complaint and details of its nature and how it was dealt with.
(7) Certificates for the purposes of subrule (6)(a) and (b) must have been given by the regulatory authority not more than 4 months before the notice is given to the Board.
(8) In subrule (6) —
For the purposes of section 28(1)(e) and rule 36(3)(c), the prescribed fee is —
(a) if the applicant has not previously been admitted in any jurisdiction, $300;
(b) if the applicant has been admitted and is entitled to practise in another State or Territory or New Zealand, $750; or
(c) otherwise, $1 000.
(1) A person intending to apply for admission must cause an advertisement of his or her intention to appear twice in a daily newspaper circulating throughout the State.
(2) The advertisements are to be in the form of Form 12 and must appear —
(a) at least 14 days, but not more than 28 days, before the applicant applies to the Court for admission; and
(b) at least 7 days apart.
39. Application to the Court
An application for admission is to be made to the Court in accordance with the
Subject to section 30(2), an applicant for admission must attend in person before the Full Court when his or her admission is moved.
(1) A person who completes a term as an employed legal practitioner for the purposes of section 33(1) or (2) must give a certificate of completion of restricted practice to the Board within 14 days of the end of that term.
(2) A certificate of completion of restricted practice is to be in the form of Form 14.
(1) A person intending to apply for re‑admission under section 34(1) must give a notice of intention to apply for re‑admission to the Board at least 3 months before applying to the Court for re‑admission.
(2) A notice of intention to apply for re‑admission is to be in the form of Form 15 and be accompanied by —
(a) certificates of good character in the form of Form 16 from —
(i) each person by whom the applicant has been employed since being struck off; and
(ii) at least 2 other people of good repute and standing;
and
(b) payment of a fee of $300.
Rules 38, 39 and 40 apply in relation to a person applying for re‑admission as if he or she were applying for admission.
(1) In this rule —
(a) street address; and
(b) postal address, if different from street address; and
(c) telephone number; and
(d) facsimile number (if any); and
(f) email address (if any);
(2) For the purposes of section 37(2)(b) the following information must be included in, or accompany, an application for a practice certificate —
(a) the applicant’s full name and residential contact details;
(b) the name and contact details of the applicant’s practice or place of employment;
(c) the capacity in which the applicant practises;
(d) a statement to the effect that the applicant is not a disqualified person, is not an insolvent practitioner and is not in prison;
(e) the trust fund information described in subrule (3);
(f) the professional indemnity insurance information described in subrule (4).
(3) The trust fund information referred to in subrule (2)(e) is —
(a) a statement as to whether, in the course of the applicant’s practice, the applicant will accept trust moneys; and
(b) if the applicant will accept trust moneys —
(i) the following information in relation to the applicant’s trust account —
(I) the name of the account;
(II) the name of the bank;
(III) the BSB and account number;
(IV) the date the account was opened;
and
(ii) the name and contact details of the auditor of the trust account;
and
(c) if the applicant is required by section 147 to give the Board a certificate from an accountant —
(i) if the application is made electronically through the Board’s website, a statement to the effect that the applicant —
(I) intends to provide a certificate to the Board as required; and
(II) reasonably believes he or she will be able to do so;
or
(ii) if the application is made manually, a certificate as so required.
(4) The professional indemnity insurance information referred to in subrule (2)(f) is —
(a) if the application is made electronically through the Board’s website, a statement to the effect that —
(i) the applicant has PI insurance for the certificate period; or
(ii) the applicant —
(I) intends to arrange, before the start of the certificate period, to have PI insurance for the certificate period; and
(II) reasonably believes that he or she will be able to do so;
or
(iii) the applicant is or will be an exempt practitioner for the certificate period;
or
(b) if the application is made manually —
(i) a notice of the kind referred to in regulation 6(2) of the PII Regulations for the certificate period; or
(ii) other evidence that the applicant —
(I) has, or will have, PI insurance for the certificate period; or
(II) is, or will be, an exempt practitioner for the certificate period.
(5) If an application for a practice certificate is made electronically through the Board’s website the applicant must ensure that the following are provided to the Board no later than 14 days after the commencement of the certificate period —
(a) either —
(i) a notice of the kind referred to in regulation 6(2) of the PII Regulations for the certificate period; or
(ii) other evidence that the applicant has PI insurance, or is an exempt practitioner, for the certificate period;
(b) if the applicant is required by section 147 to give the Board a certificate from an accountant, a certificate as so required.
(6) For the purposes of subrules (4) and (5) a person
has PI insurance for a certificate period if there is a valid current certificate of insurance under the arrangements within the meaning given in the PII Regulations in force in respect of the person for that period.
(1) In this rule —
(2) For the purposes of section 37(2)(c) —
(a) unless paragraph (b) applies, the prescribed application fee is the standard fee; or
(b) if the application is made on or after 1 January but before 1 July in a year and either —
(i) the applicant was not a certificated practitioner on 30 June in the previous year; or
(ii) if the applicant was a certificated practitioner on 30 June in the previous year, under section 37(5) the applicant was not required to renew his or her practice certificate,
the prescribed application fee is 50% of the standard fee.
(3) If the application is submitted electronically through the Board’s website, the application fee is reduced by 5% of the standard fee.
(4) For the purposes of section 37(6) the prescribed late fee is —
(a) if the application is made after 30 June but on or before 31 July in the year in which the application was required by section 37(4) to be made — 25% of the standard fee;
(b) if the application is made after 31 July but on or before 31 August in that year — 50% of the standard fee;
(c) if the application is made after 31 August in that year — 100% of the standard fee.
(5) For the purposes of this rule an application is made —
(a) if the application is submitted electronically through the Board’s website — when the applicant is issued with an electronic confirmation that the application has been received; or
(b) otherwise — when the secretary has received all of the following —
(i) a completed application form;
(ii) all of the documents that are required by rule 44 to be provided with the application;
(iii) if the applicant is required to give a certificate under section 147, that certificate;
(iv) a notice of the kind referred to in the
Legal Practice (Professional Indemnity Insurance) Regulations 1995 regulation 6(2) in respect to the applicant;(v) payment of the application fee and any applicable late fee.
(1) In this rule —
(a) section 19 of the
Mutual Recognition Act 1992 (Commonwealth) as adopted by theMutual Recognition (Western Australia) Act 2001 ; or(b) section 18 of the
Trans‑Tasman Mutual Recognition Act 1997 (Commonwealth) as adopted by theTrans‑Tasman Mutual Recognition (Western Australia) Act 2007 .(2) An application for a practice certificate made by way of the lodgment of a mutual recognition notice is to be accompanied by a fee of an amount equal to the application fee that would be payable if the notice were an application for a practice certificate made under section 37.
(1) The Board may, on the application of a legal practitioner, issue a duplicate practice certificate to replace a practice certificate that has been lost, stolen or destroyed.
(2) An application for the purposes of subrule (1) is to be made in writing and be accompanied by payment of a fee of $50.
(1) A certificated practitioner must notify the Board immediately of any change in any of the information given in or with the practitioner’s most recent application for a practice certificate.
(2) A person who is taken to be a certificated practitioner under section 36 must notify the Board immediately of any change in the person’s name, address, telephone or fax number, email address or employer.
(1) A notice for the purposes of section 91(1) is to be in the form of Form 18 and be accompanied by —
(a) a copy of the interstate practitioners current practice certificate;
(b) a copy of the policy of professional indemnity insurance covering the interstate practitioner’s practice in this State; and
(c) a certificate from the insurer —
(i) confirming that the insurance —
(I) extends to practice in this State; and
(II) is current;
and
(ii) setting out any restrictions or limitation to which the insurance is subject.
(2) For the purposes of section 91(2)(e) the particulars required to complete Form 18 are prescribed.
(3) An interstate practitioner with an office in this State must notify the Board immediately of any change in any of the information given in or with the notice given under section 91(1).
(1) A notice for the purposes of section 103 is to be —
(a) in the form of Form 19; and
(b) accompanied by an affidavit sworn by the foreign lawyer, giving details of the system that exists for the regulation of legal practice in the place outside Australia in which he or she is registered to practise law.
(2) A registered foreign lawyer must notify the Board immediately of any change in any of the information given in or with the notice given under section 103.
(3) For the purposes of section 104(1) the prescribed fees are —
(a) an application fee of $400; and
(b) a registration fee of $200.
(4) For the purposes of section 108 the annual registration fee is $600.
(1) A supervising solicitor must give notice of his or her appointment to each client for whom the legal practitioner to whose practice the supervising solicitor has been appointed was currently acting —
(a) in the case of a deceased legal practitioner, at the time the practitioner died;
(b) in the case of a former incorporated legal practice, at the time it was deregistered or dissolved; or
(c) otherwise, at the time the supervising solicitor was appointed.
(2) A supervising solicitor appointed to the practice of a deceased legal practitioner must give notice of his or her appointment to any other client or former client of the deceased legal practitioner before undertaking new work for that client.
(3) In this rule
legal practitioner ,supervising solicitor andpractice have the same meanings as in Part 11 of the Act.
In this Part —
This Part, other than rule 51, does not apply to a legal practitioner who, in the course of his or her legal practice, does not receive trust moneys.
A legal practitioner must maintain books of account that clearly distinguish —
(a) between trust moneys and other moneys received by the legal practitioner;
(b) in the case of an incorporated legal practice or a multi‑disciplinary partnership, between moneys received in relation to legal services provided by the practice or partnership and moneys received in relation to other services;
(c) in the case of an interstate legal practitioner or a registered foreign lawyer, between moneys received in the course of his or her legal practice in this State and moneys received in relation to his or her practice elsewhere; and
(d) if the legal practitioner has more than one place of practice and the Board so requires, between moneys received in the course of his or her legal practice at each place.
(1) A legal practitioner must maintain books of account for —
(a) the receipt and payment of trust moneys by the legal practitioner; and
(b) trust accounts maintained by the legal practitioner pursuant to section 140.
(2) The books of account required under subrule (1)(a) are to include —
(a) for each receipt of trust moneys —
(i) the date and amount received;
(ii) the name of the client;
(iii) details of the transaction in respect of which the moneys are received; and
(iv) details of any directions given by the client as to how the moneys are to be dealt with;
(b) for each payment made out of trust moneys —
(i) the date and amount of the payment;
(ii) the name of the payee;
(iii) details of the transaction in respect of which the payment is made; and
(iv) details of the direction in compliance with which the payment is made;
and
(c) for each application of trust moneys towards the payment of costs and disbursements charged by the legal practitioner —
(i) the date of the application and amount applied; and
(ii) details of the transaction in respect of which the costs and disbursements are charged.
(3) The books of account required under subrule (1)(b) are to include, for each debit or credit to the account —
(a) the date and amount debited or credited;
(b) the name of the client;
(c) details of the transaction in respect of which the debit or credit occurred;
(d) in the case of a deposit — whether it consisted of cash or cheques, and if cheques, the name of the drawer of each cheque;
(e) in the case of a cheque drawn on the account — the cheque number and the names of the payee and the person who signed the cheque; and
(f) in the case of an electronic transfer of funds —
(i) the transfer number (or other identification);
(ii) the name and identifying number of the bank and the account to or from which the funds were transferred; and
(iii) for a transfer out of the account, the name of the person who authorised the transfer.
(4) The details required under subrule (2)(a)(iii), (2)(b)(iii), (2)(c)(ii) and (3)(c) are to include the name or number of the legal practitioner’s files relating to that transaction.
(1) Subject to this rule, a legal practitioner must not —
(a) make a payment for or on behalf of a client out of trust moneys held by the legal practitioner; or
(b) apply trust moneys towards the payment of costs and disbursements charged against a client,
if the amount to be paid or applied would exceed the amount of trust moneys held by the legal practitioner for or on behalf of that client.
(2) A legal practitioner may make a payment or application that would otherwise be contrary to subrule (1) if the legal practitioner —
(a) before doing so, pays into a trust account an amount of his or her own money equal to the excess referred to in subrule (1); and
(b) retains that amount in the account until further trust moneys of that amount are credited to the account for or on behalf of that client.
(3) If a payment of trust moneys is made to a bank in order to obtain a bank cheque payable to or on behalf of a client, subrule (1) does not apply while the legal practitioner retains possession of the cheque.
(1) A legal practitioner must not act on a direction referred to in section 137(1)(b) or (2) unless it is in writing and signed by the client.
(2) Subrule (1) does not apply to a direction from a client that trust moneys are to be paid to the client or deposited in a trust account.
(1) A legal practitioner must not draw a cheque on a trust account unless it is individually numbered and is crossed and marked “not negotiable”.
(2) A legal practitioner must not draw a cheque on a trust account that is made payable to cash.
(3) A legal practitioner must not authorise a bank to pay cheques drawn on a trust account which are not signed by —
(a) the legal practitioner;
(b) a partner of the legal practitioner who is also a legal practitioner;
(c) in the case of a legal practitioner director, another legal practitioner director of the incorporated legal practice; or
(d) at least 2 people authorised in writing by the legal practitioner to sign cheques drawn on the account.
56. Electronic transfer of funds
A legal practitioner must not authorise a bank to electronically transfer funds out of a trust account if the transfer is not approved in writing signed by —
(a) the legal practitioner;
(b) a partner of the legal practitioner who is also a legal practitioner;
(c) in the case of a legal practitioner director, another legal practitioner director of the incorporated legal practice; or
(d) at least 2 people authorised in writing by the legal practitioner to approve transfers out of the account.
(1) At least once a month, and at intervals of not more than 6 weeks, a legal practitioner must reconcile and prepare reconciliation statements for the accounts maintained under rules 52(1)(a) and (b).
(2) The reconciliation statements are to be in a form approved, and include the information required, by an accountant.
(1) An accountant’s certificate for the purposes of section 147 is to be in the form of Form 20.
(2) Before giving a certificate an accountant must conduct test checks on —
(a) a number of transactions involving —
(i) trust moneys, to determine whether they have been properly recorded in the books of account; and
(ii) moneys credited to non‑trust accounts to determine whether any trust moneys were credited to those accounts;
and
(b) the books of account as a whole to determine —
(i) their arithmetical accuracy; and
(ii) whether the legal practitioner has complied with this Part.
(3) Subrule (2) does not require an accountant to —
(a) conduct inquiries beyond the information made available by the legal practitioner;
(b) inquire into any securities, documents or other property held by the legal practitioner on behalf of a client;
(c) consider whether the books of account were properly maintained or correct prior to the date as at which the previous accountant’s certificate was given; or
(d) extend a test check beyond an inspection of more than a few isolated transactions,
unless there are serious irregularities in the books of account or other grounds for suspicion.
(4) Despite subrule (3)(c), an accountant must notify the Board if he or she considers that the books of account were not properly maintained or were incorrect at any time and that there should be a closer examination of those books of account.
(1) A legal practitioner must make available to an accountant preparing a certificate all documents and other information reasonably required by the accountant for that purpose.
(2) However, a legal practitioner may refuse to make a document or information available to an accountant on the ground of privilege as between the legal practitioner and a client.
For the purposes of section 146(1), the prescribed amount is $20.
In relation to a legal practitioner who is a partner or a legal practitioner director, it is sufficient compliance with rules 51, 52, 57 and 58 for the legal practitioner to ensure that those rules are complied with in respect of the partnership or the incorporated legal practice.
(1) A legal practitioner who is required under this Part to maintain books of account must —
(a) maintain them in writing; and
(b) keep them, and all source documents —
(i) at his or her principal place of practice or another place approved by the Board;
(ii) in good order and condition; and
(iii) for at least 7 years from the date of the transactions to which they relate.
(2) A legal practitioner who maintains his or her books of account electronically in accordance with the
Electronic Transactions Act 2003 must produce a written copy of those accounts at the request of the Board or an accountant preparing a certificate.
In this Part —
(1) The following people may use the library free of charge —
(a) judges and magistrates;
(b) members and officers of State or Commonwealth courts, tribunals, boards or similar bodies;
(c) certificated practitioners;
(d) articled clerks;
(e) members of Parliament;
(f) members of a department of the staff of Parliament referred to in the
Parliamentary and Electorate Staff (Employment) Act 1992 ;(g) members of the Police Force;
(h) holders of an office, post or position established under an Act;
(i) public service officers and employees within the meaning of the
Public Sector Management Act 1994 ; and(j) employees of people referred to in paragraphs (a) to (i) acting in the course of their employment.
(2) Law students may use the library free of charge subject to any restrictions determined by the committee.
(3) The following people may use the library subject to any restrictions, including as to payment of a fee, determined by the committee —
(a) interstate practitioners;
(b) foreign lawyers;
(c) employees of people referred to in paragraphs (a) and (b) acting in the course of their employment;
(d) litigants in person, and officers and employees of corporate litigants; and
(e) any other person, or class of people, determined by the committee.
65. Librarian may suspend or restrict entitlement to use library (1) If it appears to the librarian that there are sufficient grounds for doing so, the librarian may summarily suspend, or impose restrictions on, a person’s entitlement to use the library for such period as the librarian thinks fit.
(2) The librarian may withdraw or alter the terms of a suspension or restriction.
(3) The librarian must notify the committee of any suspension or restriction imposed by the librarian and the withdrawal or any alteration of it.
(4) The committee may confirm, withdraw or alter the terms of, a suspension or restriction imposed by the librarian.
(5) Whether or not the committee has acted under subrule (4), the Board may confirm, withdraw or alter the terms of, a suspension or restriction imposed by the librarian.
(1) If it appears to the Board that there are sufficient grounds for doing so, the Board may suspend, or impose restrictions on, a person’s entitlement to use the library.
(2) The Board may withdraw or alter the terms of a suspension or restriction.
(1) If required by the librarian to do so, a person must register with the librarian before using the library or any books.
(2) A person entitled to use the library may do so —
(a) during the library’s opening hours, as determined by the Board; or
(b) at other times by arrangement with the librarian.
(3) A person in the library or using a book must comply with any reasonable direction given by the librarian.
(4) A person who uses a book —
(a) must not mark or damage it;
(b) must report to the librarian any mark or damage on or to it;
(c) must not leave it unattended; and
(d) when finished with it, must return it to its proper place in the library or to a place provided by the librarian for the return of books.
(5) A person must not eat, drink or smoke in the library.
(6) A person in the library must open for inspection any bag or other receptacle in the person’s possession at the request of the librarian.
(7) The librarian may open and inspect any bag or other receptacle found unattended in the library.
(8) A person must not obstruct or hinder the librarian in the performance of his or her duties.
(1) A person must not remove a book from the library unless —
(a) it is for use in a hearing in the building in which the library is situated; or
(b) the librarian has authorised the removal of the book.
(2) Subrule (1)(a) does not apply to a book labelled as being not to be removed from the library.
(3) Before removing a book from the library a person must record on a form provided by the librarian —
(a) his or her name;
(b) his or her office or the name of the firm, department or other body of which he or she is a member, officer or employee;
(c) the title of the book; and
(d) the date and time.
(4) Unless otherwise authorised by the librarian, a person removing a book from the library for the purposes of a hearing —
(a) must not remove the book more than one hour before the hearing commences; and
(b) must return the book within 30 minutes after the end of the hearing,
and if the hearing continues for more than one day, paragraphs (a) and (b) apply separately for each day.
(1) The librarian may exclude or remove from the library a person who appears to the librarian —
(a) not to be entitled to use the library; or
(b) to be in breach of rule 67 or 68.
(2) The librarian may retrieve a book if it appears to the librarian that —
(a) it was removed from the library in breach of rule 68; or
(b) the person who removed it is in breach of rule 67.
Part 8 – Miscellaneous
(1) The Board is to maintain a register of legal practitioners.
(2) The register is to include details of —
(a) certificated practitioners;
(b) articled clerks;
(c) interstate legal practitioners who are practising in this State;
(d) registered foreign lawyers;
(e) incorporated legal practices; and
(f) any other person or class of people determined by the Board.
(3) The details to be included in the register are —
(a) the person’s name and address;
(b) the category referred to in subrule (2) to which the person belongs;
(c) a summary of the information given in or with the latest application or notice lodged by the person under section 50, 91 or 103 or rule 22, 23, or 44 and any change in that information of which the Board is notified; and
(d) any other details determined by the Board.
70A. Evidentiary certificate (1) The Board may, on the application of a legal practitioner, issue to the practitioner a certificate setting out the following information to the extent that it is known to the Board —
(a) the practitioner’s date of admission; and
(b) whether the practitioner’s name is on the Roll of Practitioners; and
(c) if the practitioner’s name is on the Roll, whether the practitioner —
(i) holds a current practice certificate; or
(ii) is taken to be a certificated practitioner under section 36 of the Act; or
(iii) is an interstate practitioner; or
(iv) is not a certificated practitioner;
and
(d) whether the practitioner’s entitlement to practise in this State is subject to any conditions or restrictions or is suspended; and
(e) whether any adverse findings have been made in relation to the practitioner, and if they have, details of those finding; and
(f) whether there are any complaints about the conduct of the practitioner that have been made to the Complaints Committee but have not yet been dealt with by the Committee.
(2) In subrule (1) —
(a) relates to the practitioner’s professional conduct; and
(b) is adverse to the practitioner.
(3) An application for the purposes of subrule (1) is to be made in writing and be accompanied by payment of a fee of $100.
(4) A certificate issued under this rule may include any other information that the Board considers it appropriate to include.
A Form or other notice, certificate or document given for the purposes of these Rules is to be in writing, signed by the person giving it.
(1) For the purposes of these Rules a document to be given to the Board, it is to be given by posting or delivering it to the secretary at the offices of the Board.
(2) For the purposes of these Rules a document to a person listed in the register maintained under rule 70, may be given by posting or delivering it to that person at the address listed in the register.
Where these Rules provide for a Form, a particular document or particular information to be given to the Board in relation to a matter, the Board may accept a document in a different form, a different document or different information, if it considers it appropriate to do so.
When a person gives an application or notice to the Board for the purposes of these Rules the Board may require the person to —
(a) give to the Board further documents or information; or
(b) appear before the Board and answer questions put to the person,
about the matter to which the application or notice relates.
(1) The Board may accept an application made under these Rules with or without conditions, or may reject the application.
(2) The Board is to notify the applicant of its decision to accept or reject an application and of any conditions.
If the Board determines that, in a particular case, it is not practicable for a person to comply with any of these Rules or that there are other special circumstances, the Board may excuse a person from complying with that rule to the extent and subject to any conditions determined by the Board.
The
(1) For the purposes of section 7(2)(b)(i) of the
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 the following examinations are prescribed —(a) the examinations in the subjects selected by the Board from those forming part of the degree of Bachelor of Laws at —
(i) The University of Western Australia;
(ii) Murdoch University; or
(iii) The University of Notre Dame Australia;
and
(b) the examinations to be sat by articled clerks under rules 29 and 30.
(2) For the purposes of section 7(2)(b)(ii) of the
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 the requirements for practical legal training prescribed for the purposes of section 27(2)(a) of theLegal Practice Act 2003 are prescribed.
Parts 3 and 4 and Schedule 1 of these Rules apply to a person referred to in section 7(2) or 8 of the
(1) The amendments in these rules are to the
Legal Practice Board Rules 1949 as continued by section 8(1) of theActs Amendment and Repeal (Courts and Legal Practice) Act 2003. (2) Rule 43(a) is deleted and the following paragraph is inserted instead —
“
(a) the examinations in at least 8 subjects forming part of the degree of Bachelor of Laws at —
(i) The University of Western Australia;
(ii) Murdoch University; or
(iii) The University of Notre Dame Australia,
chosen in consultation with the Dean of the relevant Law School and approved by the Board;
”.
(3) Rule 44(1) and (2) are amended by inserting after “he” —
“ or she ”.
(4) Rule 48 is amended as follows:
(a) in paragraph (a) by inserting after “he” —
“ or she ”;
(b) in paragraphs (c) and (d) by deleting “card index” and inserting instead —
“ record ”.
(5) Rule 49 is amended by inserting after “he” —
“ or she ”.
(6) Rules 50 is amended as follows:
(a) by inserting after “his” —
“ or her ”;
(b) by inserting after “he” in both places where it occurs —
“ or she ”.
[r. 2]
Form 1 | ||
Name | ||
Residential address ___________________________________ | ||
Telephone (h) (w) | ||
(mobile) | ||
Fax (h) (w) | ||
Email (h) | ||
(w) | ||
Date of birth / / | ||
Place of birth | ||
Name | ||
Address ____________________________________________ | ||
Telephone Fax | ||
Mobile | ||
p Bachelor of Laws degree from —
or p Qualifications approved for the purposes of s. 27(2)(a)(ii) on or p Qualifications approved for the purposes of s. 27(2)(b)(i) on or p Experience in legal practice approved for the purposes of s. 27(2)(b)(ii) on | ||
I have not / have been convicted of any offences If yes, give details ____________________________________ ___________________________________________________ | ||
Signature | ||
Date / /20 | ||
Witness | ||
Signature | ||
Name | ||
Address ____________________________________________ | ||
Date _____/_____/20_____
Between
_____________________________of_________________________________
_____________________________________________________(
and
_____________________________of _________________________________
________________________________________________ (
1.1 The Principal is to take the Articled Clerk as an articled clerk for one year from the date on which the articles are registered by the Board (
“articles period” ).1.2 The Articled Clerk is to serve the Principal as an articled clerk during the articles period in accordance with this deed and the
Legal Practice Act 2003 (“the Act” ).
2.1 During the articles period, the Articled Clerk must —
(a) serve the Principal as an articled clerk, honestly, faithfully and diligently;
(b) attend to the duties required of the Articled Clerk by the Principal;
(c) be present at the Principal’s offices during ordinary office hours or at other places or times as required by the Principal;
(d) comply with the proper standards of the legal profession as expected of articled clerks; and
(e) behave in a proper and orderly manner.
2.2 The Articled Clerk must keep confidential all information acquired during the articles period about the Principal’s practice or clients, or the practice or clients of the firm or incorporated legal practice of which the Principal is a partner or legal practitioner director.
3.1 The Principal must ensure that during the articles period the Articled Clerk —
(a) is instructed in the practice and profession of the law as conducted in Western Australia;
(b) is given exposure to as many different areas of law as is practicable;
(c) is provided with an appropriate working environment; and
(d) is not required to carry out duties, or be present at places or times, that are not related to the Principal’s practice or to the practice of law generally, or that are unreasonable.
3.2 During the articles period, the Principal must comply with the proper standards of the legal profession in relation to dealing with articled clerks.
3.3 If the Articled Clerk —
(a) complies with the Articled Clerk’s obligations under this deed;
(b) has satisfied the requirements for practical legal training prescribed for the purposes of section 27(2)(a) of the Act; and
(c) has satisfied any requirements imposed on the Articled Clerk under section 27(3)(a); and
(d) otherwise complies with the Act in relation to admission as a legal practitioner,
at the end of the articles period the Principal must use his or her best endeavours to have the Articled Clerk admitted.
3.4 Clause 3.3 does not require the Principal to pay any costs associated with the Articled Clerk’s admission.
The obligations of the Articled Clerk and the Principal under this deed are in addition to their obligations under the Act.
This deed takes effect from the date on which the articles are registered by the Legal Practice Board.
Signed as a deed
Principal ___________________________________________
Witness ___________________________________________
___________________________________________
___________________________________________
Articled Clerk _______________________________________
Witness ___________________________________________
___________________________________________
___________________________________________
Form 2A | ||||
Name | ||||
Address _____________________________________________ | ||||
Name | ||||
Address _____________________________________________ | ||||
Telephone Fax | ||||
Mobile | ||||
Date of Deed of Articles / /20 | ||||
The Applicant and Principal have agreed that the Applicant’s practical legal training in the following subjects will be provided as follows: | ||||
ATP course | By or on behalf of Principal | |||
Commercial and corporate law practice | p | p | ||
Property law practice | p | p | ||
Signature: | ||||
Date / /20 | ||||
Form 3 | ||
Name | ||
Address ____________________________________________ | ||
Name | ||
Address ____________________________________________ | ||
Telephone Fax | ||
Mobile | ||
I am p local practitioner of at least 2 years’ standing.
| ||
Relationship with applicant | ||
I have known the applicant for months/years | ||
Signature | ||
Date / /20 | ||
Form 4 | ||
Name | ||
Residential address ___________________________________ | ||
Telephone (h) (w) | ||
(mobile) | ||
Fax (h) (w) | ||
Email (h) | ||
(w) | ||
Name | ||
Address ____________________________________________ | ||
Telephone Fax | ||
Mobile | ||
Name | ||
Address ____________________________________________ | ||
Telephone Fax | ||
Mobile | ||
Date of Deed of Articles of Clerkship / /20 | ||
Date of registration / /20 | ||
Date of Deed of Assignment of Articles / /20 | ||
The Former Principal —
or Another reason consented to by the Board | ||
Signature | ||
Date / /20 | ||
Date _____/_____/20_____
Between
_____________________________of_________________________________
_____________________________________________ (
and
_____________________________of_________________________________
________________________________________________ (
and
_____________________________of _________________________________
________________________________________________ (
A. By a deed of articles of clerkship dated _____/_____/20_____ (
B. The parties agree that, subject to registration by the Legal Practice Board, the articles be assigned to the New Principal.
The Former Principal assigns to the New Principal the obligations and benefit of the position of principal under the deed.
For the remainder of the term of the articles —
(a) the New Principal is to perform the obligations of principal under the deed; and
(b) the Articled Clerk is to perform his or her obligations as an articled clerk to the New Principal.
This deed takes effect from the date on which the assignment of the articles is registered by the Legal Practice Board.
The Former Principal’s obligations under the deed cease on the date of this deed.
Signed as a deed.
Former Principal _____________________________________
Witness ___________________________________________
___________________________________________
___________________________________________
New Principal _______________________________________
Witness ___________________________________________
___________________________________________
___________________________________________
Articled Clerk _______________________________________
Witness ___________________________________________
___________________________________________
___________________________________________
Form 6 | ||
Name | ||
Residential address ___________________________________ | ||
Telephone (h) (w) | ||
(mobile) | ||
Fax (h) (w) | ||
Email (h) | ||
(w) | ||
Name | ||
Address ____________________________________________ | ||
Name | ||
Address ____________________________________________ | ||
Telephone Fax | ||
Mobile | ||
Date of original Deed of Articles of Clerkship / /20 | ||
Date of registration / /20 | ||
Date of new Deed of Articles of Clerkship / /20 | ||
The Former Principal —
or Another reason consented to by the Board | ||
Signature | ||
Date / /20 | ||
Form 7 | |||
Name | |||
Address ___________________________________________ | |||
Name | |||
Address ___________________________________________ | |||
Telephone Fax | |||
Mobile | |||
Date of registration / /20 | |||
The Articled Clerk’s practical legal training in the following subjects was provided as follows: | |||
ATP course | By or on behalf of Principal | ||
Commercial and corporate law practice | p | p | |
Property law practice | p | p | |
Signature: | |||
Date / /20 | |||
Form 8 | ||
Name | ||
Residential address ___________________________________ | ||
Telephone (h) (w) | ||
(mobile) | ||
Fax (h) (w) | ||
Email (h) | ||
(w) | ||
Date of birth / / | ||
Place of birth | ||
Qualification | ||
Institution | ||
The subjects I am currently taking, or will take, to obtain that qualification are ______________________ ____________________________________________ | ||
Signature | ||
Date / /20 | ||
Witness | ||
Signature | ||
Name | ||
Address __________________________________________ | ||
Form 9 | ||
Name | ||
Residential address ___________________________________ | ||
Telephone (h) (w) | ||
(mobile) | ||
Fax (h) (w) | ||
Email (h) | ||
(w) | ||
Date of birth / / | ||
Place of birth | ||
Qualification ________________________________________ Institution __________________________________________ Obtained/completed _____/_____/________ Qualification ________________________________________ Institution __________________________________________ Obtained/completed | ||
Principal ___________________________________________ Firm _______________________________________________ Address ____________________________________________ Telephone __________________Fax _____________________ Email ______________________________________________ Period of service / / to / / | ||
Jurisdiction _______________________________________ Admitted as Date admitted______/_____/________ Jurisdiction ______________________________________ Admitted as ______________________________________ Date admitted / / | ||
Jurisdiction _______________________________________ Entitlement Issuing authority ___________________________________ Period of entitlement_____/_____/____ to_____/_____/____ Jurisdiction _______________________________________ Entitlement _______________________________________ Issuing authority ___________________________________ Period of entitlement / / to / / | |
Jurisdiction _______________________________________ Capacity Firm/employer _________________________________________________ Period of practice_____/_____/______to_____/_____/_____ Nature of work ____________________________________ _________________________________________________ Jurisdiction _______________________________________ Capacity _________________________________________ Firm/employer ____________________________________ _________________________________________________ Period of practice __________________________________ Nature of work ____________________________________ | |
Jurisdiction _______________________________________ Capacity _________________________________________ Firm/employer ____________________________________ _________________________________________________ | |
Name ______________________________________________ Address ____________________________________________ Telephone ______________ Facsimile____________________ | |
Signature | |
Date / /20 | |
Witness | |
Signature | |
Name | |
Address __________________________________________ |
Form 10 | ||
Name | ||
Residential address ___________________________________ | ||
Telephone (h) (w) | ||
(mobile) | ||
Fax (h) (w) | ||
Email (h) | ||
(w) | ||
p Bachelor of Laws degree from —
or p Qualifications approved for the purposes of s. 27(2)(a)(ii) on or p Qualifications approved for the purposes of s. 27(2)(b) on | ||
Date of registration / /20 | ||
Principal Name ____________________________________________ Address __________________________________________ | ||
If yes, date of registration_____/_____/20_____ New Principal Name __________________________________________ Address ________________________________________ | ||
Place of admission ___________________________________ Admitted as Date of admission ____________________________________ | |
Place of admission ___________________________________ Admitted as Date of admission ____________________________________ | |
I have not / have committed any act which would render my name liable to be struck off the rolls of any jurisdiction to which I am admitted or to be suspended from practice If yes, give details ____________________________________ ___________________________________________________ | |
I have not / have been the subject of a complaint to any regulatory body. If yes, give details ____________________________________ ___________________________________________________ | |
I have not / have been convicted of any offences If yes, give details ____________________________________ ___________________________________________________ | |
Signature | |
Date / /20 | |
Witness | |
Signature | |
Name | |
Address _________________________________________ |
Form 11 | ||
Name | ||
Address ____________________________________________ | ||
Name | ||
Address ____________________________________________ | ||
Telephone Fax | ||
Mobile | ||
I am — p a local practitioner of at least 2 years’ standing; p a person of good repute and standing from jurisdiction where Applicant is currently practising, or last practised. | ||
Relationship with Applicant | ||
I have known the Applicant for years | ||
Signature | ||
Date / /20 | ||
Form 12 | ||
Name | ||
Address ____________________________________________ | ||
Signature | ||
Name | ||
Date / /20 | ||
on / / |
I _______________________________________________________________
of ______________________________________________________________
________________________________________________________________
make oath and say —
1.___ I have obtained from the Legal Practice Board a certificate as required by the
____ That certificate is attached as Annexure A.
2.
____ The advertisements appeared in
____ _____________________________on _____/_____/20_____ and _____/_____/20_____
Sworn by _____________________ at ___________________________ on _____/_____/20_____ Before me _____________________________ Name ________________________ | ___________________________ |
Form 14 | ||
Name | ||
Address ____________________________________________ | ||
Telephone Fax | ||
Mobile | ||
Date of admission / /20 | ||
Period of employment / /20 to / /20 | ||
Name | ||
Address ____________________________________________ | ||
Telephone Fax | ||
Mobile | ||
Signature | ||
Date / /20 | ||
Form 15 | ||
Name | ||
Residential address ___________________________________ | ||
Telephone (h) (w) | ||
(mobile) | ||
Fax (h) (w) | ||
Email (h) | ||
(w) | ||
Date of admission / / | ||
Date struck off / / | ||
Reasons for being struck off | ||
Employer ___________________________________________ Address ____________________________________________ ___________________________________________________ Position in which employed ____________________________ Nature of work ______________________________________ Employer ___________________________________________ Address ____________________________________________ ___________________________________________________ Position in which employed ____________________________ Nature of work | ||
Signature | ||
Date / /20 | ||
Witness | ||
Signature | ||
Name | ||
Address | ||
Form 16 | ||
Name | ||
Address ____________________________________________ | ||
Date struck off / / | ||
Name | ||
Address ____________________________________________ | ||
Telephone Fax | ||
Mobile | ||
Relationship with Applicant | ||
I have known the Applicant for years | ||
p Other person of good repute and standing | ||
Signature | ||
Date / /20 | ||
Form 18 | ||
Name | ||
Residential address ___________________________________ | ||
Telephone Fax | ||
Mobile | ||
Date of birth / / | ||
Place of birth | ||
Address ____________________________________________ ___________________________________________________ Telephone _______________ Fax ___________________ | ||
Date of establishment of office / /20 | ||
Capacity in which practising | ||
p Barrister | ||
p Sole practitioner | ||
p Equity Partner / Salaried Partner Partnership name ________________________________ p Legal partnership p Multi‑disciplinary partnership Names of partners ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ | ||
p Employee / Consultant / Corporate Solicitor | ||
p Director or officer of incorporated legal practice Name of corporation _____________________________ p Director p Officer ACN or ARBN _________________________________ Registered office ________________________________ ______________________________________________ Telephone ___________________Fax _______________ | ||
I will / will not accept trust moneys in WA If yes, trust account in WA Bank __________________________________________ Branch ________________________________________ Name of account ________________________________ BSB no. account no. | ||
State | ||
Address ____________________________________________ ___________________________________________________ Telephone ______________ Fax ______________________ | ||
Date of admission / / | ||
Date of practice certificate / / | ||
Any restrictions on entitlement to practice ___________________________________________________ | ||
Address ____________________________________________ ___________________________________________________ Telephone _______________ Fax ______________________ Email ______________________________________________ Date of admission_____/_____/_______ Date of practice certificate_____/_____/________ Any restrictions on entitlement to practice ___________________________________________________ Address ____________________________________________ ___________________________________________________ Telephone ________________ Fax ___________________ Email ______________________________________________ Date of admission_____/_____/________ Date of practice certificate_____/_____/________ Any restrictions on entitlement to practice | ||
Signature | |
Date / /20 | |
Witness | |
Signature | |
Name | |
Address _________________________________________ |
Form 19 | ||
Name | ||
Residential address ___________________________________ | ||
Telephone Fax | ||
Mobile | ||
Date of birth / / | ||
Place of birth | ||
Qualification ________________________________________ Institution __________________________________________ Date obtained/completed ______/_____/________ Qualification ________________________________________ Institution __________________________________________ Date obtained/completed / / | ||
I am registered to practice law in | ||
Principal place of practice Address __________________________________________ _________________________________________________ Telephone ______________ Fax _____________________ | ||
Date of admission / / | ||
Period of practice / / to / / | ||
Registration authority Name ___________________________________________ Address __________________________________________ _________________________________________________ Telephone ___________ Fax ________________ | ||
My registration to practice law in my home country is / is not cancelled or suspended as a result of disciplinary action. If yes, give details ____________________________________ __________________________________________________ | |
I am / am not the subject of any disciplinary proceedings (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to my registration to practice law in my home country. If yes, give details ____________________________________ __________________________________________________ | |
I am / am not a party to any pending criminal or civil proceeding that might result in disciplinary action being taken against me If yes, give details ____________________________________ __________________________________________________ | |
I am / am not otherwise prohibited from practising law, or bound by any undertaking not to practise law, in my home country. If yes, give details ____________________________________ __________________________________________________ | |
I am / am not subject to any conditions in practising law in my home country as a result of criminal, civil or disciplinary proceedings in that country. If yes, give details ____________________________________ __________________________________________________ | |
I am / am not subject to any other conditions imposed as a restriction on my legal practice, or any undertaking given by me restricting my legal practice. If yes, give details ____________________________________ __________________________________________________ |
Address __________________________________________________ Telephone ________________ Fax _____________________ | |
Commencement date / /20 | |
Capacity in which practising | |
p Barrister | |
p Sole practitioner Practice name | |
p Equity Partner p Salaried Partner Partnership name ________________________________ p Legal partnership p Multi‑disciplinary partnership Names of partners _______________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ | |
p Employee / Consultant / Corporate Solicitor Name of employer ______________________________ Address ______________________________________ _____________________________________________ Telephone ____________ Fax _________________ Mobile _______________________________________ Email ________________________________________ | |
p Director or officer of incorporated legal practice Name of corporation _____________________________ ❑ Director ❑ Officer ACN or ARBN _________________________________ Registered office ________________________________ ______________________________________________ Telephone ___________________Fax _______________ | |
I will / will not accept trust moneys in WA If yes, trust account in WA Bank __________________________________________ Branch ________________________________________ Name of account ________________________________ BSB no. account no. | |
Signature | |
Date / /20 | |
Witness | |
Signature | |
Name | |
Address ________________________________________ |
Form 20 | ||
Name | ||
Firm | ||
Address ____________________________________________ | ||
Name | ||
Firm | ||
Address ____________________________________________ | ||
Telephone Fax | ||
Mobile | ||
I am — p registered, or taken to be registered, as an auditor under Part 9.2 of the Corporations Act p approved for the purposes of the | ||
Given by | ||
Date / /20 | ||
Date of examination / /20 to / /20 | ||
The Legal Practitioner did / did not make available all documents and information necessary to enable me to give this certificate. If not, give details of what was not made available, the reasons given and the effect of the non‑availability on this certificate _______________________________________ _______________________________________________ | ||
I have examined the Legal Practitioner’s accounting systems and am of the opinion that they — • are / are not suitable to enable compliance with the • are / are not appropriate for the Legal Practitioner’s practice If not, give details ____________________________________ __________________________________________________ | ||
I have examined the Legal Practitioner’s books of account for the period since the previous accountant’s certificate was given and am of the opinion that the Legal Practitioner — • has / has not complied with the If not — the non‑compliance consisted of — p trivial breaches due to clerical errors or mistakes all of which were rectified on discovery p other breaches (give details) _________________________ ________________________________________________ ________________________________________________ | ||
I have conducted the following examinations to enable me to give this certificate: ________________________________________________ ________________________________________________ | ||
Signature | ||
Date / /20 | ||
14 May 2004 p. 1473‑557 | 14 May 2004 | |
12 Apr 2005 p. 1170‑3 (Printers correction 19 Apr 2005 p. 1292‑4) | 12 Apr 2005 | |
6 May 2005 p. 2023 | 6 May 2005 | |
2 May 2006 p. 1704‑6 | 2 May 2006 | |
1 Dec 2006 p. 5301‑7 | 1 Dec 2006 | |
14 Aug 2007 p. 4102‑4 | 14 Aug 2007 | |
7 Dec 2007 p. 5980-2 | r. 1 and 2: 7 Dec 2007 (see r. 2(a)); Rules other than r. 1 and 2: 8 Dec 2007 (see r. 2(b)) | |
6 May 2008 p. 1758-62 | r. 1 and 2: 6 May 2008 (see r. 2(a)); Rules other than r. 1 and 2: 7 May 2008 (see r. 2(b)) | |
6 May 2008 p. 1763-4 | r. 1 and 2: 6 May 2008 (see r. 2(a)); Rules other than r. 1 and 2: 7 May 2008 (see r. 2(b)) | |
accountant....................................................................................................................... 49
adverse finding....................................................................................................... 70A(2)
articles................................................................................................................................ 2
Articles Training Programme........................................................................................ 2
book................................................................................................................................. 63
certificate period....................................................................................................... 44(1)
chairperson........................................................................................................................ 2
client................................................................................................................................ 49
committee................................................................................................................... 2, 63
contact details............................................................................................................ 44(1)
exempt practitioner................................................................................................... 44(1)
Form................................................................................................................................... 2
former principal........................................................................................................ 23(5)
has PI insurance........................................................................................................ 44(6)
legal practitioner................................................................................................ 48(3), 49
librarian........................................................................................................................... 63
library.............................................................................................................................. 63
mutual recognition notice.................................................................................. 44AB(1)
optional subject...................................................................................................... 34A(2)
PII Regulations.......................................................................................................... 44(1)
practice....................................................................................................................... 48(3)
principal............................................................................................................................. 2
regulatory authority.................................................................................................. 36(8)
response time............................................................................................................. 15(2)
secretary............................................................................................................................. 2
section................................................................................................................................ 2
standard fee.......................................................................................................... 44AA(1)
supervising solicitor................................................................................................. 48(3)
Uniform Admission Rules................................................................................... 34A(2)
0
0
0