Legal Practitioners Act Amendment Act 1970 (WA)

1970.] Legal Practitioners. [No. 92.

LEGAL PRACTITIONERS.

No. 92 of 1970.

AN ACT to amend the Legal Practitioners Act,

1893-1969.

[Assented to 30th November, 1970.]

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:—

1. (1) This Act may be cited as the Legal glitirgievron.

Practitioners Act Amendment Act, 1970.

(2) In this Act the Legal Practitioners Act, titgroi n v gldf gt.

reprint 22nd

1893-1969 is referred to as the principal Act.

November,

1968 and

further

amended hi

Act No. 59

of 1969.

No. 92.] Legal Practitioners. [1970.

(3) The principal Act as amended by this Act may be cited as the Legal Practitioners Act, 1893- 1970.

Amendment 2. Section 1 of the principal Act is amended

(Shot title by adding after the passage "PART V.—PRAC-

TRUST ACCOUNTS, ss. 34-41." the

division.) division.)

passage "PART VA.—CONTROL OF CERTAIN

PRACTICES, ss. 58A-58F." .

Amendment	3.	Section 9 of the principal Act is amended by
to s. 9.

(Conditions	deleting the words "natural born or naturalised",
for the
articling of	in lines two and three of paragraph (a).
clerks.)

Amendment	4.	Section 10 of the principal Act is amended by
to s. 10.

(Restrictions	adding after subsection (4) a subsection as follows
as to articled

clerks.)

(5) A person who in the year nineteen hundred and seventy-six or thereafter is admitted as a practitioner under paragraph (a) of subsection (2) of section fifteen of this Act having served only one year under articles shall not be entitled to practise as a practitioner on his own account unless and until he satisfies the Board that he has had at least twelve months' experience in the office of a practitioner practising on his own account or at least five years in the office of the Crown Solicitor of the State or the Deputy Common- wealth Crown Solicitor in the State. .

Amendment

to s. 15.	5.	Subsection (1) of section 15 of the principal
(Admission

of prac-	Act is amended by deleting the words "natural
titioners.)	born or naturalised", in lines two and three.
Amendment

to s. 20. 6. Section 20 of the principal Act is amended by

qualifica-	(Further	deleting paragraph (a) and the word "and"
tions for
admission.)	following that paragraph.

1970.] Legal Practitioners. [No. 92.

58A of the principal Act is amended by substituting Iptencariary 7. The heading immediately preceding section Icf aheenarnegnt

for the word "PRACTITIONERS" the word s 58A.

"PRACTICES".

8. Section 58A of the principal Act is amended nlidtlat

by adding after the passage "fifty-eight C", in lines grrireta-

five and six of the interpretation "practice", the	'
passage ", or the practice of a deceased practitioner in respect of whose trust account an order has been made under section fifty-eight C".

9. Section 58C of the principal Act is amended— Itidiaer5(8classent

i=fg

(a)

by adding after the word "practitioner", in by Trust.) 3'

line three of subsection (1), the passage

", or that a sole practitioner has died";

(b)

by adding after the word "account", in line two of paragraph (a) of subsection (1), the passage ", or constituting the trust account of the deceased practitioner," ;

(c)

by adding after the word "practitioner", in line four of paragraph (a) of subsection (1), the passage ", or the deceased practitioner," ; and

(d)

by adding after the word "agents", in line three of subsection (2), the passage ", or the former servants, agents, and bankers of the deceased practitioner, and the servants and agents of those former bankers,".

Amendment

10. Section 58D of the principal Act is to s. SEM.

amended	powers of	(Special
Board.)

(a) by adding after the word "and", in line six of paragraph (b), the passage ", in the case of deficiency," ; and

No. 92.] Legal Practitioners. [1970.

(b) by substituting for the words "shall be paid to him", in line three of paragraph (c), the passage ", or the personal representative of the deceased practitioner, shall be paid to him, or the personal representative," .

Amendment

to s. 588.	11. Section 58E of the principal Act is amended word in the section, the passage "and, in the case of the practice of a deceased practitioner, shall carry on the practice until it can otherwise be dealt with according to law".
(Duties of
supervising	by adding after the word "matters", being the last
solicitor.)