Legal Practitioners Act Amendment Act 1969 (WA)

No. 59.] Legal Practitioners. [1969.

LEGAL PRACTITIONERS.

No. 59 of 1969.

AN ACT to amend the Legal Practitioners Act,

1893-1967.

[Assented to 29th September, 1969.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

Short title	1. (1) This Act may be cited as the Legal Prac-
and citation.

titioners Act Amendment Act, 1969.

Reprinted as	(2) In this Act the Legal Practitioners Act, 1893-
approved Mr

reprint 22nd

1967 is referred to as the principal Act.

November,

1968.

(3) The principal Act as amended by this Act

may be cited as the Legal Practitioners Act, 1893-

1969.] Legal Practitioners. [No. 59.

2.    Section 3 of the principal Act is amended by tnrent

adding after the word "practitioners", being the last word in the interpretation "practitioner", the pas- sage "and for the purposes of Part IV and Part VA of this Act the expression includes a person who has been a practitioner".

3.    The principal Act is amended by adding after IA rap

Part V a part as follows:—

PART VA-CONTROL OF CERTAIN PRACTITIONERS.

58A. In this Part unless the contrary inten- rotrreta-

lion appears

"practice" means the practice of a practi- tioner in respect of whose bank account or accounts an order, other than an order for revocation, has been made under section fifty-eight B or fifty- eight C;

"section" means a section of this Act;

"supervising solicitor" means a certificated

practitioner appointed under section

fifty-eight D to conduct a practice; and

"the Trust" means the Legal Contribution Trust established under the Legal Con- tribution Trust Act, 1967.

58B. (1) Where a Judge, on the application oast t

of the Board, is satisfied that there are reason- accounts.

able grounds for believing

(a)	that there is a deficiency in any trust account of a practitioner; or
(b)	that there has been undue delay on the part of a practitioner in properly paying or applying trust moneys to or

No. 59.] Legal Practitioners. [1969.

on behalf of a person or persons for whose use or benefit they have been received,

the Judge may make an order directed to the practitioner and his bankers and their respec- tive servants and agents restraining dealings in all or any of the bank accounts of the prac- titioner, subject to such terms and conditions as the Judge thinks fit.

(2) A Judge may, on the application of the Board, the practitioner, or any person inter- ested, by further order revoke or vary an order made under subsection (1) of this section.

(3) If an order, other than an order for re- vocation, is made under subsection (1) or (2) of this section, the practitioner and his bankers and their respective servants and agents shall give effect to the order according to its tenor.

Control of

trust moneys	58C. (1) Where a Judge is satisfied, on the application of the Board, that there is a defici- ency in any trust account of a practitioner, the Judge may order that the Trust
by Trust.

(a) take possession of the moneys consti- tuting the balance of the account and amalgamate them with moneys de- posited by the practitioner to the credit of the Trust under section eleven of the Legal Contribution Trust Act, 1967;

deposit the amalgamated moneys in a separate account in the name of the Trust; and

deal with those moneys according to

law.

(2) If an order is made under subsection (1) of this section the practitioner and his bankers and their respective servants and agents shall permit the Trust to give effect to the order according to its tenor.

1969.] Legal Practitioners. [No. 59.

Special

58D. If an order other than an order for powers of

revocation is made under section fifty-eight B

Board.

or fifty-eight C, the Board, during the currency

of the order

(a)	may, on such terms and conditions as to remuneration and indemnity as the Board thinks fit, appoint a certificated practitioner to be supervising solicitor of the practice;
(b)	may authorise the Trust to advance money, out of the Solicitors' Guarantee Fund established by section sixteen of the Legal Contribution Trust Act, 1967, to the supervising solicitor for the pur- pose of carrying on the practice and to the practitioner for his sustenance; and
(c)	may determine what, if any, proportion of any profit costs recovered on account of the practitioner shall be paid to him and what proportion shall be paid to the Trust towards the expenses and remuneration of the supervising solicitor and for re-imbursement of advances made out of the Solicitors' Guarantee Fund.

Duties of

58E. The supervising solicitor shall conduct supervising

the practice for the purpose of concluding or	solicitor.
disposing of matters commenced but not con- cluded on behalf of clients of the practice and, where necessary, for the purpose of disposing of, or dealing with, documents relevant to those matters.

58F. If an order is made under section fifty- =1,10,f,

of separate

eight C— account.

(a) the Trust may, on the certificate of the supervising solicitor, pay to him or as he directs in the certificate, out of the moneys deposited in the separate

No. 59.] Legal Practitioners. [1969.

account under the order, such amount or amounts as are specified in the certi- ficate, without enquiring as to, or being liable in respect of, the correctness of the certificate or the application of any money paid on the certificate; and

(b) a Judge may, on the application of the Board, the Trust, or any person inter- ested, give such directions as he thinks fit for the payment by the Trust of any part of the moneys deposited in the separate account under the order. .