Legal Practice Board Rules 1949
Reprinted under the Reprints Act 1984 as at 9 March 2001 Reprinted under the Reprints Act 1984 as at
Legal Practice Board Rules 1949
CONTENTS
Part I — Introductory
1.Citation1
2.Repeal and savings1
3.Interpretation1
3A.Varying time periods2
Part II — Election
4.Annual election date3
5.Board to appoint electoral officers3
6.Time for lodging nomination3
7.Candidates elected where nominations equal vacancies3
8.Method of election4
9.Day when successful candidate to take office5
10.Names of successful candidates and nominated Board members to be published in the Gazette5
11.Non‑receipt of ballot papers5
Part III — Meetings
12.Meetings to be held6
13.Convening of meetings6
14.Quorum6
15.Voting at meeting6
16.Rescission or amendment6
17.Minutes7
Part IV — Articled clerks
Division 1 — Articles
18.Definitions8
19.Term of articles8
20.Application for approval to registration of articles9
21.Assignment of articles10
22.New articles where practitioner ceases to be entitled to have an articled clerk10
23.Applications for the Board’s approval10
24.Registration of articles or assignments, and fee11
25.Conduct of articled clerks11
25A.Conduct of principals11
26.Supervision of articled clerks12
Division 2 — Examinations
27.Definition12
28.ATP and transitional provisions12
29.5 year articled clerks’ examinations13
30.Credits13
31.Courses conducted by the Board14
Division 3 — Miscellaneous
32.Records14
Part V — Managing clerks
39.Requirements for approval as a managing clerk15
40.Board may approve or reject application15
41.Information and answer to questions16
42.Date when applicants employment deemed to commence16
43.Prescribed examinations16
44.Approval to be given before sitting for exams16
45.Period for passing exams17
48.Records to be kept17
49.Board may require answers on conduct of managing clerk18
50.Notification of change of employment18
Part VA — Control of certain practices
50A. Service of order to a banker19
50B. Notice to be given by supervising solicitor19
50C. Notice to be given by supervising solicitor in the case of a deceased practitioner19
50D. Conduct of business by supervising solicitor19
Part VI — Admission of practitioners
51.Requirements for application for admission under section 15(2)(c) or (d) of the Act21
51A. Admission fee22
52.Application for admission under section 15(2)(a) or (b) or section 16 of the Act23
53.Requirements for admission23
54.Certificate to be produced before admission24
55.Applicant for admission to appear in person24
55A. Rules may be varied24
Part VII — Re‑admission of practitioners
56.Application for re‑admission25
57.Certificates with affidavit25
57A. Board to fix time and place for examination of applicant25
57B. Secretary may issue summons25
57C. Conduct of hearing26
57D. Recording evidence26
57E. Board may refuse or approve application26
57F. Rules which apply to applicants for re‑admission26
58.Application for re‑admission to be advertised27
Part VIII — Practice certificates
60.Annual fee28
61.Form of annual practice certificate28
62.Register to be kept28
63.Changed particulars to be notified and register to be amended29
65.Service of documents29
Part VIIIA — Solicitors’ Guarantee Fund
65A. Annual amount payable30
Part X — Law Library
78.Interpretation31
79.Persons who are entitled to use the Library31
79A. Entitlement may be suspended by Librarian32
79B. Entitlement may be cancelled or suspended by the Board32
79C. Other persons may be permitted to use the Library33
79D. Permission may be withdrawn33
79E. Times during which Library can be used33
80.Repair of books34
81.Books not to be removed from Library34
82.Librarian to have general control35
82A. Directions to Librarian35
83.Provisions applicable to person using Library35
84.Librarian may inspect baggage35
85.Book to be returned to its proper place36
86.Books not to be misplaced or secreted36
87.Books not to be damaged, etc.36
88.Person to report damaged book36
89.Sale or removal of any book36
89A. No smoking or eating36
Part XI — Trust accounts rules
Division I — Application of trust accounts rules
90.Interpretation and application37
Division II — Rules relating to books of account and other accounting records required to be kept by practitioners
91.Accounting records37
92.Trust moneys to be deposited to a trust account38
93.Books of account38
94.Trust ledger40
95.Written record of all money received41
95A. Direction to be in writing42
96.Bank deposit record42
97.Cheques43
98.Account in trust ledger43
99.Trust account to be balanced44
Division III — Provisions relating to the furnishing of accountants’ Certificates and reports to the Board
100.Interpretation45
101.Certificate to be furnished46
102.Effect of privilege49
Part XII — Sharing of costs
103.Persons who may share costs50
104.Restrictions on sharing costs51
105.Arrangement for sharing costs to be in writing51
106.Costs not to be shared in certain matters51
107.“Employer” includes a related corporation52
Schedule 1 — Forms
Notes
Defined Terms
Reprinted under the Reprints Act 1984 as at 9 March 2001 Reprinted under the Reprints Act 1984 as at
Legal Practitioners Act 1893
Legal Practice Board Rules 1949
Part I — Introductory
These rules may be cited as the Legal Practice Board Rules 1949 1.
[Rule 1 inserted in Gazette 12 December 1986 p. 4807; amended in Gazette 18 March 1994 p. 1043.]
[Omitted under the Reprints Act 1984 s. 7(4)(f) and (g).]
In the interpretation of these rules —
“Secretary” shall mean the Secretary for the time being of the Board;
“Chairman” shall include the Solicitor‑General when acting as the delegate of the Attorney General pursuant to section 13 of the Solicitor‑General Act 1969, and any member of the Board elected to preside at any meeting of the Board in the absence of the Chairman.
[Rule 3 amended in Gazette 7 March 1974 p. 740.]
The Board may shorten or extend any time period referred to in these rules.
[Rule 3A inserted in Gazette 24 November 1995 p. 5394.]
Part II — Election
Subject as hereinafter provided, the annual election of the elected members of the Board shall be held on the first Tuesday in the month of April in each and every year.
Except where the first Tuesday in the month of April in a year is a day when the offices of the Supreme Court are not open, in which case the annual election shall be held on the second Tuesday in the month of April.
[Rule 4 amended in Gazette 7 March 1974 p. 740; 11 March 1983 p. 823.]
5.Board to appoint electoral officers
The Board shall prior to each annual election appoint a person to act as returning officer and a person to act as assistant returning officer for that election.
[Rule 5 inserted in Gazette 27 February 1981 p. 799.]
Every practitioner desirous and being qualified to become a member of the Board shall not less than 28 days before the date of the election forward to the Secretary written notice of his intention to seek election, countersigned by at least one practitioner entitled to vote.
[Rule 6 amended in Gazette 27 February 1981 p. 799.]
7.Candidates elected where nominations equal vacancies
If there are no more candidates than the number of vacancies, such candidates shall be declared elected at a meeting of the Board to be held not later than the date prescribed for the election of members of the Board in that year.
[Rule 7 amended in Gazette 11 March 1983 p. 823.]
(1)If there are more candidates than the number of vacancies, the method of election shall be as follows —
(a)the Secretary shall at least 10 days before the day of the election send in an envelope marked Confidential to each practitioner entitled to vote a ballot paper initialled by him containing the names of all candidates set out in the order determined by lot by the Secretary and indicating by means of an asterisk those candidates who are retiring members;
(b)practitioners desirous of voting shall leave the names of all candidates for whom they desire to vote intact and score through the remaining names with a pen or pencil and shall return the ballot paper to the Secretary in a sealed envelope signed by the practitioner and endorsed “Ballot Paper” so as to reach the Secretary not later than 12 o’clock noon on the date of the election;
(c)no practitioner shall vote more than once in any election.
(2)On the day of the election and as soon as is reasonably practicable after 12 o’clock noon on that day —
(a)the Secretary shall deliver to the Returning Officer unopened all the envelopes endorsed “Ballot Paper” which shall have been delivered to him in connection with the election;
(b)the Returning Officer shall with the assistance of the Assistant Returning Officer forthwith open each of the envelopes, determine the validity of the ballot paper contained therein, make a written record of the votes cast for each candidate and deliver to the Secretary the written record signed by him and by the Assistant Returning Officer together with a bundle to be marked “A” containing all those ballot papers which he has determined are valid and a bundle marked “B” containing all those ballot papers which he has determined are invalid.
[(3)Omitted under the Reprints Act 1984 s. 7(4)(e).]
(4)If the Board cannot determine with respect to the number of vacancies the candidates in favour of whom the largest number of votes have been cast because 2 or more candidates have received the same number of votes, the Chairman shall have a casting vote in favour of one of such candidates, or in favour of more than one candidate if that be necessary to resolve the matter.
[Rule 8 inserted in Gazette 27 February 1981 pp. 799‑800; amended in Gazette 11 March 1983 p. 823; 14 July 1989 p. 2132.]
9.Day when successful candidate to take office
In respect of each election the successful candidates shall take office on the Thursday next following the day of the election and shall continue in office until midnight on the Wednesday next following the day of the election in the following year.
[Rule 9 inserted in Gazette 27 February 1981 p. 800.]
10.Names of successful candidates and nominated Board members to be published in the Gazette
The names of the successful candidates and of every person nominated as a member of the Board under the provisions of the Act shall be published in the Government Gazette as soon as practicable.
11.Non‑receipt of ballot papers
The omission by the Secretary to send or the non‑receipt of any ballot paper by any practitioner within the time aforesaid or at all shall not in any manner invalidate or affect the election.
[Rule 11 amended in Gazette 10 January 1975 p. 56.]
Part III — Meetings
Meetings of the Board shall be held when and as often as necessary and shall be convened by the Secretary whenever required in writing by the Chairman or any 2 members of the Board.
Meetings shall be convened by posting or delivering to each member 24 hours’ written notice stating the time and place of such meeting. The omission to post or deliver any such notice within such time or at all, or the non‑receipt thereof, shall in no manner effect or prejudice anything done or agreed to at any meeting.
If a quorum of members be not present within 15 minutes of the time for which the meeting is convened, it may be adjourned to such time and place as those present shall determine.
At all meetings of the Board voting shall be by show of hands, unless in any case a ballot shall be called for by any 2 members present.
No resolution arrived at or act, matter, or thing done or authorised by or at any meeting shall be rescinded or amended at any subsequent meeting unless either notice of such intended rescission or amendment be given in the notices convening the meeting at which such rescission or amendment is proposed, or an absolute majority of the total members of the Board vote in favour of such rescission or amendment.
Minutes of every meeting shall be kept by the Secretary and such minutes when signed by the Chairman of the same or any subsequent meeting shall be binding and conclusive for all purposes.
Part IV — Articled clerks
[Heading inserted in Gazette 24 November 1995 p. 5395.]
Division 1 — Articles
[Heading inserted in Gazette 24 November 1995 p. 5395.]
In this Part —
“approved degree” means the degree or other qualification that a person holds if that person has —
(a)fulfilled all the requirements of the
(b)such other qualification as in the opinion of the Board is substantially equivalent to the degree referred to in paragraph (a);
“articles” means articles of clerkship entered into with a principal;
“principal” means a practitioner in practice in
“5 year articled clerk” means a person who has entered into 5 years’ articles under section 15(2)(b) of the Act.
[Rule 18 inserted in Gazette 24 November 1995 p. 5395.]
(1)For the purposes of section 15(2)(a) of the Act, the prescribed term of articles is one year unless subrule (2) applies.
(2)The prescribed term of articles is 6 months if the Board is satisfied that the person seeking to be admitted as a practitioner has, within 2 years before commencing service under articles or subsequently, been engaged in employment that, although not under articles, provided sufficient professional training and experience to justify the application of this subrule.
[Rule 19 inserted in Gazette 24 November 1995 p. 5395; amended in Gazette 22 January 1999 p. 216.]
20.Application for approval to registration of articles
A person may apply to the Board for its approval to the registration of articles by lodging with the Board —
(a)a signed deed of articles of clerkship substantially in the form of Form A in Schedule 1;
(b)an application in Form B in Schedule 1;
(c)2 certificates as to character in Form C in Schedule 1 each signed by a practitioner of at least 2 years’ standing and in practice, or other evidence acceptable to the Board that the applicant is of good fame and character; and
(d)evidence that the applicant —
(i)has an approved degree; or
(ii)in the case of a 5 year articled clerk —
(A)has a degree from any of the Universities in Western Australia or an academic qualification that would enable the person to gain admission to a degree course offered by any of those Universities; or
(B)has, in the Board’s opinion, sufficient academic or work achievements or both to enable the applicant to pursue satisfactorily the course of study prescribed by these rules for 5 year articled clerks.
[Rule 20 inserted in Gazette 24 November 1995 pp. 5395‑6; amended in Gazette 22 January 1999 pp. 217 and 218; 19 May 2000 p. 2437.]
An application for approval to the registration of an assignment of articles under section 11 of the Act is to be in Form D in Schedule 1 and is to be accompanied by a deed of assignment substantially in the form of Form E in Schedule 1.
[Rule 21 inserted in Gazette 24 November 1995 p. 5396; amended in Gazette 22 January 1999 pp. 217 and 218; 19 May 2000 p. 2437.]
22.New articles where practitioner ceases to be entitled to have an articled clerk
(1)If a practitioner to whom an articled clerk is articled ceases, before the completion of those articles, to be entitled to have an articled clerk, the clerk may apply in Form F in Schedule 1 for the Board to cancel the articles and approve the registration of new articles with another practitioner for the unexpired balance of the term of the former articles.
(2)An application under subrule (1) is to be accompanied by a signed deed of articles of clerkship substantially in the form of Form A in Schedule 1.
[Rule 22 inserted in Gazette 24 November 1995 p. 5396; amended in Gazette 22 January 1999 pp. 217 and 218; 19 May 2000 p. 2437.]
[22A.Repealed in Gazette 19 May 2000 p. 2437.]
23.Applications for the Board’s approval
(1)If an application is made for the Board’s approval under this Division, the Board may require more information on any aspect of the application.
(2)The Board may approve an application made to it for its approval under this Division, with or without imposing any conditions, or may reject the application.
[Rule 23 inserted in Gazette 24 November 1995 p. 5396.]
24.Registration of articles or assignments, and fee
(1)An applicant who applies for the Board’s approval to the registration of articles or an assignment of articles under these rules is to lodge the articles or assignment of articles with the Board for registration.
(2)An applicant who applies for the Board’s approval to the registration of articles under these rules is to pay a fee of $150.
(3)Registration takes effect from the date determined by the Board.
[Rule 24 inserted in Gazette 24 November 1995 p. 5396.]
(1)An articled clerk is to —
(a)comply with the proper standards of the legal profession as expected of articled clerks;
(b)attend all courses of study required by the Board or these rules to be attended by articled clerks in general or the articled clerk in particular; and
(c)attend to the duties required of the articled clerk by his or her principal in the course of the principal’s practice.
(2)As soon as practicable after the completion of articles, the articled clerk is to lodge with the Board a certificate in Form G in Schedule 1 given by every practitioner with whom the articled clerk has served articles, certifying as to the conduct of the articled clerk during the relevant period of service, or such other evidence as the Board may require.
[Rule 25 inserted in Gazette 24 November 1995 p. 5396; amended in Gazette 22 January 1999 p. 218.]
A principal is to —
(a)ensure that his or her articled clerk is provided with —
(i)an appropriate working environment; and
(ii)proper supervision and instruction;
(b)ensure that his or her articled clerk is not required to carry out duties that are not related to the principal’s practice or to the practice of law generally; and
(c)comply with the proper standards of the legal profession in relation to dealing with articled clerks.
[Rule 25A inserted in Gazette 22 January 1999 p. 218.]
26.Supervision of articled clerks
(1)The Board may supervise the conduct of articled clerks during their articles in any manner it may decide, and may require the attendance of an articled clerk or principal before the Board.
(2)If the Board is satisfied that the articled clerk has not performed or is not performing his or her obligations under his or her articles, the Board may order that any specified period not be counted as service under those articles for the purposes of the Act and these rules.
[Rule 26 inserted in Gazette 24 November 1995 p. 5397.]
Division 2 — Examinations
[Heading inserted in Gazette 24 November 1995 p. 5397.]
For the purposes of this Division —
“ATP” is an Articles Training Program conducted by the Board, including the assessments and examinations included in that Program; and
“repealed rules” means Part IV of these rules as in force on 1 December 1994.
[Rule 27 inserted in Gazette 24 November 1995 p. 5397.]
28.ATP and transitional provisions
The following examinations are prescribed for the purposes of section 15(2)(a) of the Act —
(a)for an articled clerk whose articles were registered not later than 1 December 1994 and whose term of articles is due to be completed not later than 31 December 1996, at the clerk’s option, either —
(i)the Practice Examination relevant to the clerk prescribed by the repealed rules; or
(ii)the ATP examinations;
and
(b)for any other articled clerk, the ATP examinations.
[Rule 28 inserted in Gazette 24 November 1995 p. 5397.]
29.5 year articled clerks’ examinations
The following examinations are prescribed for 5 year articled clerks for the purposes of section 15(2)(b) of the Act —
(a)such subjects in the degree of Bachelor of Laws at either the University of Western Australia or Murdoch University as the Board determines; and
(b)for a 5 year articled clerk whose term of articles is to be completed not later than 31 December 1996, at the option of the articled clerk, either —
(i)the Practice Examination prescribed by rule 28 of the repealed rules; or
(ii)the ATP examinations;
or
(c)for any other 5 year articled clerk, the ATP examinations.
[Rule 29 inserted in Gazette 24 November 1995 p. 5397.]
The Board may, where it considers appropriate, credit an articled clerk with a pass in any of the examinations referred to in rule 28 or 29 or part of such an examination.
[Rule 30 inserted in Gazette 24 November 1995 p. 5398.]
31.Courses conducted by the Board
(1)In relation to an examination conducted by the Board other than an ATP examination, but subject to subrule (3), if an articled clerk does not attend at least 90% of the lectures given in the course conducted by the Board leading to that examination, he or she may not sit for the examination.
(2)The Board may allow an articled clerk who fails an examination conducted by the Board to sit for a supplementary examination.
(3)The Board may excuse, on any conditions it thinks fit, an articled clerk from the attendance requirements provided for by subrule (1) if the Board is satisfied that there are special reasons for the clerk not attending the Board’s course.
(4)An articled clerk who has not fulfilled the requirements of an ATP may not sit for the ATP examinations unless the Board is satisfied that special reasons exist.
(5)Courses and examinations that the Board conducts are to be conducted by the persons, in the manner, at the times, and at the places, that are arranged by the Board.
[Rule 31 inserted in Gazette 24 November 1995 p. 5398.]
Division 3 — Miscellaneous
[Heading inserted in Gazette 24 November 1995 p. 5398.]
The Secretary of the Board is to keep appropriate records in relation to articled clerks, and courses and examinations they have taken.
[Rule 32 inserted in Gazette 24 November 1995 p. 5398.]
[33‑38. Repealed in Gazette 24 November 1995 p. 5395.]
Part V — Managing clerks
39.Requirements for approval as a managing clerk
Every applicant for approval as a managing clerk shall lodge with the Board —
(a)an application in Form H in Schedule 1;
(b)evidence as to the date and place of his birth;
[(c)deleted]
(d)a certificate as to character in Form C in Schedule 1 signed by 2 practitioners of at least 2 years’ standing and in practice, neither of whom shall be a practitioner by whom the applicant is or has at any time been employed as a clerk or managing clerk;
(e)evidence of the length of time that he has been employed as a clerk or managing clerk in the office of a practitioner or practitioners practising in Western Australia or elsewhere and the nature and general description of the work done by him during the period of his employment;
(f)a certificate by the practitioner by whom he is employed at the time of the application that the applicant is in his opinion a fit and proper person to be approved as a managing clerk and setting out the practitioner’s grounds for such opinion;
(g)the sum of $21.
[Rule 39 amended in Gazette 11 March 1983 p. 824; 24 November 1995 p. 5398; 22 January 1999 p. 218.]
40.Board may approve or reject application
The Board may approve or reject the application, or may require further evidence or information on any matters relating thereto.
41.Information and answer to questions
Every applicant for approval as a managing clerk and the employer or employers of such applicant shall supply to the Board or the Secretary such further information or evidence as the Board may from time to time require and shall, when or as often as required, attend in person before the Secretary or Board and shall answer verbally or in writing all such questions as may be put to them.
42.Date when applicants employment deemed to commence
If the Board approves the application, it shall fix the date, not being more than 12 months prior to the date of the application when the applicant’s employment as managing clerk shall be deemed to have commenced and shall notify the fact of such approval, together with such date to the applicant.
For the purposes of section 16(c) of the Act examinations are prescribed as follows —
(a)not less than 8 subjects in law chosen in consultation with the Dean of the Law School of the University of Western Australia and with the approval of the Board from those subjects offered at the Law School towards the degree of Bachelor of Jurisprudence and —
(b)the ATP examinations.
[Rule 43 inserted in Gazette 3 March 1978 p. 635; amended in Gazette 9 May 1980 p. 1451; 2 August 1991 p. 3993; 24 November 1995 p. 5398.]
44.Approval to be given before sitting for exams
(1)No managing clerk shall sit for any of the examinations referred to in rule 43(a) unless he has applied for and obtained the approval of the Board as a managing clerk under this Part.
(2)No managing clerk shall be entitled to sit for any of the examinations referred to in rule 43(b) until he has satisfied the examination requirement prescribed in rule 43(a).
[Rule 44 inserted in Gazette 27 February 1981 p. 800.]
A managing clerk shall pass the examinations prescribed in rule 43 within a period of not more than 5 years or such extended period as the Board may approve.
[Rule 45 inserted in Gazette 3 March 1978 p. 636.]
[46. Repealed in Gazette 24 November 1995 p. 5398.]
[47. Repealed in Gazette 1 December 1961 p. 3310.]
The Secretary shall keep the following records relating to managing clerks —
(a)A record of all applications for approval as managing clerks under the previous provisions of this Part, including the date of each application, the date of approval by the Board, the date when the applicant’s employment as managing clerk shall be deemed to have commenced, the name of the managing clerk, and the practitioner or practitioners by whom he is employed, and also all orders and directions made or given by the Board relating to such managing clerks.
(b)A record of the examinations for which a managing clerk sits and the result thereof.
(c)A card index showing the names of all practitioners by whom managing clerks are employed, and the names of such managing clerks.
(d)A card index showing the names of all managing clerks approved by the Board, and the names of the practitioners by whom they are employed.
49.Board may require answers on conduct of managing clerk
The Board may at any time require a managing clerk approved by the Board and any practitioner by whom he is or has been employed to answer verbally before the Board or in writing such questions touching the conduct of the managing clerk, or as the Board thinks fit, and thereupon the managing clerk and the practitioner shall be bound to answer accordingly.
50.Notification of change of employment
If at any time a managing clerk approved by the Board changes his employment, he shall forthwith notify the Secretary of such change and the name or names of the practitioner or practitioners by whom he has come to be employed.
[Heading inserted in Gazette 12 March 1971 p. 766.]
50A. Service of order to a banker
Whenever an order directed to a banker is made under section 58B, section 58C or section 58(1) of the Act the Secretary as soon as reasonably practicable shall cause a copy of the order to be served on the banker at its Head Office in
[Rule 50A inserted in Gazette 12 March 1971 p. 766; amended in Gazette 7 March 1974 p. 741.]
50B. Notice to be given by supervising solicitor
Whenever a supervising solicitor is appointed under the provisions of the Act the supervising solicitor shall as soon as practicable give written notice of his appointment as a supervising solicitor to the clients of the practice who shall at the time of such appointment have current matters in the practice.
[Rule 50B inserted in Gazette 7 March 1974 p. 741.]
50C. Notice to be given by supervising solicitor in the case of a deceased practitioner
In the case of the practice of a deceased practitioner a supervising solicitor shall not undertake any new work without first disclosing to the client his appointment as a supervising solicitor.
[Rule 50C inserted in Gazette 7 March 1974 p. 741.]
50D. Conduct of business by supervising solicitor
In the conduct of a practice pursuant to the provisions of this Part a supervising solicitor may do all such acts and things as are usually and reasonably done in or about the conduct of practices of a similar nature and without limiting the generality of the foregoing the supervising solicitor may in respect of the practice —
(a)pay all rents and other outgoings payable in respect of the premises in which the practice is conducted or in respect of any chattels utilized in the conduct of the practice.
(b)employ and dismiss all staff reasonably required for the purpose of conducting the practice and pay all salaries, long service leave, workers’ compensation and all other outgoings usually paid in respect of such staff.
(c)maintain all telephone and electrical services utilized in the practice.
(d)make the employer’s contribution to and continue in a superannuation scheme established for the benefit of the employees of the practice.
(e)make all necessary tax deductions from salaries of the employees of the practice and from such deductions to purchase such tax stamps as may be required by law.
(f)pay all insurance premiums for fire, accident or professional indemnity and all other insurances as are usual in practices of a similar nature.
(g)make such contributions as are required under the Legal Contribution Trust Act 1967 and withdraw money from the credit of the Trust established by that Act.
[Rule 50D inserted in Gazette 7 March 1974 p. 741.]
Part VI — Admission of practitioners
51.Requirements for application for admission under section 15(2)(c) or (d) of the Act
Every applicant for admission as a practitioner under section 15(2)(c) or (d) of the Act, shall at least 3 calendar months or 2 calendar months in the case of an applicant admitted to practise elsewhere in Australia or in New Zealand, but not more than 6 calendar months before he applies to the Court for admission, lodge with the Secretary —
(i)an affidavit in Form O, together with the exhibits referred to;
(ii)a certificate of his admission to practise in every court in which he has been admitted to practise; and
(iii)a certificate from the Registrar or other proper officer of every Court in which he has theretofore been admitted to practise that at the date of such certificate not being more than 4 months prior to the date of the lodging of the affidavit referred to in paragraph (i) the name of the applicant was still on the rolls of the Court and that he had never at any time been struck off or suspended, nor been the subject of a complaint by any person to the Court other than as disclosed in such certificate;
(iv)a certificate from the Secretary or other responsible officer of any committee or body having authority to deal with complaints against any person entitled to practise before any such Court —
(a)that the applicant has not at any time been the subject of any complaint to such committee or body or,
(b)if the applicant has been the subject of any such complaint giving details of all complaints against the applicant, including the date or dates of such complaints the nature thereof and the manner in which such complaint or complaints have been disposed of;
(v)a certificate of 2 persons of repute who have known the applicant in the place where he was last practising out of the State certifying that the applicant is well known to them and in their opinion is a fit and proper person to be admitted as a practitioner in the Supreme Court of Western Australia; and
(vi)the prescribed admission fee.
Every applicant for admission as a practitioner under section 15(2)(c) shall with the foregoing also lodge with the Secretary an affidavit by the applicant defining the system of jurisprudence administered (at the time of his admission) in the Court in which he claims for the purposes of that subsection to be entitled to practise. If the applicant has been required by the Board under section 15(2)(c)(ii) to pass an examination or serve under articles of clerkship he shall with the foregoing also lodge a certificate issued by the Board as to the passing of such examination and a certificate in Form G from every practitioner with whom he has served such articles, or such other evidence as the Board may require.
[Rule 51 amended in Gazette 19 April 1967 p. 985; 30 September 1977 p. 3530; 2 September 1988 p. 3395; 24 November 1995 p. 5399.]
For the purposes of section 20 of the Act and rule 51, the prescribed admission fee is —
(a)in the case of an applicant who has been admitted and is entitled to practise in the Superior Courts of law in a State or Territory of Australia, $500; and
(b)in the case of any other applicant, $700.
[Rule 51A inserted in Gazette 14 January 1977 p. 64; amended in Gazette 27 February 1981 p. 800; 4 May 1984 p. 1184; 11 July 1986 p. 2337; 5 April 1991 p. 1401.]
52.Application for admission under section 15(2)(a) or (b) or section 16 of the Act
Every applicant for admission as a practitioner under section 15(2)(a) or (b) or section 16 of the Act shall at least 2 calendar months before he applies to the Court for admission lodge with the Secretary an affidavit in Form I or Form J in Schedule 1, as the circumstances require, together with the prescribed admission fee.
[Rule 52 amended in Gazette 19 April 1967 p. 985; 2 September 1988 p. 3395 2; 24 November 1995 p. 5399; 22 January 1999 p. 218.]
(1)Every applicant for admission as a practitioner shall —
(a)subject to subrule (2), lodge with the Secretary within one calendar month before he applies to the Court for admission a certificate of 2 persons of repute resident in this State who have known the applicant certifying that the applicant is well‑known to them and in their opinion is in every respect a fit and proper person to be admitted as a practitioner in the Supreme Court of Western Australia;
(b)supply in writing to the Board or the Secretary all such information and evidence as the Board or Secretary as the case may be from time to time require and shall when and as often as required attend in person before the Secretary or Board and answer verbally or in writing all such questions as may be put to him;
(c)on at least 2 occasions not more than 28 nor less than 14 days before he applies to the Court for admission and at an interval of at least 7 days between the first and last of such advertisements advertise in one daily paper published in Perth notice of his intention to apply for admission. Such notice shall be signed by the Secretary and shall be in the Form Q in Schedule 1.
(2)Subrule (1)(a) does not apply to an applicant for admission as a practitioner under section 15(2)(c) or (d) of the Act.
[Rule 53 amended in Gazette 12 March 1971 p. 766; 8 March 1991 p. 1032; 22 January 1999 p. 218.]
54.Certificate to be produced before admission
No person shall be admitted as a practitioner unless and until he produces to the Court the certificate in the Form R or in the case of an applicant for admission under section 16 in the Form Ra in Schedule 1. Provided that such certificate shall be of no force or effect unless the applicant is admitted at the sittings of the Full Court next after the date of such certificate.
[Rule 54 amended in Gazette 22 January 1999 p. 218.]
[54A. Repealed in Gazette 19 April 1967 p. 985.]
55.Applicant for admission to appear in person
Every applicant shall attend in person before the Court when his admission is moved and shall produce to the Court the affidavit in the Form S in Schedule 1.
[Rule 55 amended in Gazette 22 January 1999 p. 218.]
If in any case the Board is of opinion that compliance with any rule in this Part is not reasonably practicable the Board may by special order vary the provisions of such rule in that particular case.
[Rule 55A inserted in Gazette 30 September 1977 p. 3530.]
Part VII — Re‑admission of practitioners
56.Application for re‑admission
Every person who shall have been struck off the rolls of the Court and shall desire to be re‑admitted shall 3 calendar months before he applies to the Court to be so admitted lodge with the Board an affidavit in the Form T in Schedule 1 together with a fee of $63.
[Rule 56 amended in Gazette 22 January 1999 p. 218.]
57.Certificates with affidavit
There shall be exhibited to the said affidavit certificates from all persons by whom the applicant has been employed since he was struck off the rolls and from at least 2 other persons of good repute and standing stating how long they have known the applicant, that in their belief he has not since he was struck off the rolls been guilty of any dishonourable or unworthy conduct and that he is in every respect a fit and proper person to be admitted as a practitioner.
57A. Board to fix time and place for examination of applicant
On receipt of the affidavit the Board shall fix a time and place for the examination of the applicant on his affidavit and the hearing of verbal evidence from the persons who shall have made the certificate exhibited thereto. The Board shall give not less than 7 days’ notice in writing of such time and place to the applicant and to all the aforesaid persons.
[Rule 57A inserted in Gazette 1 December 1961 p. 3311.]
57B. Secretary may issue summons
The Secretary may, and at the request of the practitioner shall, issue a summons for the attendance of any person or the production of any documents whom or which the Board or the applicant may think fit to call or have produced at the aforesaid hearing. The summons shall be in such form as the Board may from time to time approve.
[Rule 57B inserted in Gazette 1 December 1961 p. 3311.]
The Board may instruct counsel to appear and examine the applicant and the other witnesses at the hearing and the applicant may appear in person or by solicitor or by counsel and may examine any witness.
The hearing shall be conducted in such manner as the Board may determine and the Board may adjourn the hearing from time to time.
[Rule 57C inserted in Gazette 1 December 1961 p. 3311.]
The evidence given at the hearing shall be recorded by the Secretary or by such other person as the Board may appoint whether a member of the Board or not.
[Rule 57D inserted in Gazette 1 December 1961 p. 3311.]
57E. Board may refuse or approve application
The Board may at its discretion approve the application or withhold its approval and if it approves the application it shall issue a certificate to the applicant in the Form R in Schedule 1.
[Rule 57E inserted in Gazette 1 December 1961 p. 3311; amended in Gazette 22 January 1999 p. 218.]
57F. Rules which apply to applicants for re‑admission
Rules 54 and 55 and 53(c) shall apply to applicants for re‑admission but not rules 51, 52 or 53(a) or 53(b).
[Rule 57F inserted in Gazette 1 December 1961 p. 3311.]
58.Application for re‑admission to be advertised
If and whenever the Board approves such application the applicant shall advertise notice of his intention to apply for re‑admission in such manner and place for such time as mentioned in rule 53(c) or otherwise as the Board shall in writing require.
[59. Repealed in Gazette 1 December 1961 p. 3311.]
Part VIII — Practice certificates
(1)Subject to subrule (2) the annual fee to be paid by each practitioner for the issue of each annual practice certificate is $400.
(2)If a practice certificate is issued before 30 June in a calendar year in respect of a period ending on that 30 June, the fee payable is $200.
[Rule 60 inserted in Gazette 1 May 1992 p. 1797 3; amended in Gazette 20 June 1995 p. 2402.]
61.Form of annual practice certificate
On application being made in Form U of Schedule 1 by any practitioner and payment by him of the prescribed fee the Board shall issue to him an annual practice certificate in Form V of Schedule 1 which shall be current until 30 June next following the date of issue.
Such certificate shall be issued only in the name of the practitioner as it appears on the Roll of Practitioners in the custody of the Registrar of the Supreme Court at the date on which such certificate is issued.
[Rule 61 amended in Gazette 30 September 1955 p. 2512; 11 March 1983 p. 824; 22 January 1999 p. 218.]
The Secretary of the Board shall on receipt of any application for an annual practice certificate accompanied by the amount of the prescribed fee endorse on such application the date of its receipt by him and shall enter a memorandum of such endorsement together with the particulars furnished in a register to be kept by him.
63.Changed particulars to be notified and register to be amended
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.
[Rule 63 inserted in Gazette 11 March 1983 p. 824.]
[64. Repealed in Gazette 11 March 1983 p. 824.]
Where by these rules any notice or other document is required to be served or given to any practitioner service may be effected by posting such notice or document to him at his address appearing in the Register kept under this Part.
Part VIIIA — Solicitors’ Guarantee Fund
[Heading inserted in Gazette 21 May 1968 p. 1427.]
The annual amount payable to the Board by a practitioner obliged to make annual payments under the provisions of section 42(1) of the Legal Practitioners Act 1893, for application to the Solicitors’ Guarantee Fund established under the Legal Contribution Trust Act 1967, shall be $20.
[Rule 65A inserted in Gazette 21 May 1968 p. 1427.]
[Part IX (rules 66‑77) repealed in Gazette 1 September 2000 p. 5012.]
Part X — Law Library
[Heading inserted in Gazette 9 February 1959 p. 367.]
In this Part, subject to the context —
“book” means any book, newspaper, periodical, picture, photograph, microfiche or written or printed article or other writing in or used in connection with the Library, and includes the cover or frame of a book or picture;
“Librarian” means the person for the time being in charge of the Library and any staff under his supervision;
“Library” means the Law Library in the Supreme Court Building at Perth and the branch of that library in the Central Law Courts Building at Perth;
“Library Committee” means the committee of the Board designated by the Board as the Library Committee.
[Rule 78 inserted in Gazette 9 February 1959 p. 367; amended in Gazette 2 March 1984 p. 541; 18 March 1994 p. 1043.]
79.Persons who are entitled to use the Library
(1)Subject to these rules, the following persons are entitled to use the Library free of charge —
(a)the Judiciary and the Magistracy;
(b)other members or officers of the Courts, Tribunals and Boards of the State or the Commonwealth, practitioners in the employ of the Crown, certificated practitioners, and members and officers of the Legislature;
(c)clerks or officers employed by or acting on the directions of any such person;
(d)public service officers and statutory officers of the State and members of the police force of the State.
(2)The Librarian may require persons described in subrule (1)(b), (c) and (d) to register as users of the Library before they use the Library.
[Rule 79 inserted in Gazette 18 March 1994 p. 1044.]
79A. Entitlement may be suspended by Librarian
(1)The Librarian may summarily suspend the entitlement of a person to use the Library for such period as the Librarian thinks fit.
(2)Where the entitlement of a person is suspended under subrule (1) the Librarian may exclude the person from the Library or cause the person to be removed from the Library.
(3)The Librarian is to promptly report any suspension imposed under subrule (1) to the Library Committee which may —
(a)withdraw the suspension;
(b)confirm the suspension as imposed; or
(c)confirm the suspension but alter its terms.
(4)The Board may review a suspension imposed under this rule, or the terms of such a suspension, and may —
(a)withdraw the suspension;
(b)confirm the suspension as imposed; or
(c)confirm the suspension but alter its terms.
[Rule 79A inserted in Gazette 18 March 1994 p. 1044.]
79B. Entitlement may be cancelled or suspended by the Board
Whether or not a suspension has been imposed under rule 79A the Board may, for any cause it regards as sufficient —
(a)suspend the entitlement of a person to use the Library for such period as the Board thinks fit; or
(b)cancel that entitlement.
[Rule 79B inserted in Gazette 18 March 1994 p. 1044.]
79C. Other persons may be permitted to use the Library
(1)The Library Committee or the Librarian may permit a law student to use the Library free of charge at such times and on such terms as the Library Committee or the Librarian determines and the Librarian may require a law student to register as a user of the Library before he or she so uses the Library.
(2)The Library Committee or the Librarian may permit persons or classes of persons other than those referred to in rule 79 and subrule (1), including litigants in person, to register as users of the Library and to use the Library at such times and on such terms (including terms as to payment for use of the Library) as the Library Committee or the Librarian determines.
(3)In deciding whether to allow a person to register as a user under subrule (2) and on the times at which, terms on which or extent to which a person is permitted to use the Library, the Library Committee and the Librarian may have regard to the resources available in other libraries.
[Rule 79C inserted in Gazette 18 March 1994 p. 1045.]
79D. Permission may be withdrawn
With the approval of the Library Committee the Librarian may withdraw any registration, permission or privilege that has effect under or for the purposes of rule 79C.
[Rule 79D inserted in Gazette 18 March 1994 p. 1045.]
79E. Times during which Library can be used
(1)The Library is to be open during such hours as the Board may from time to time direct.
(2)The Librarian may make arrangements for the use of the Library at times other than when the Library is open.
[Rule 79E inserted in Gazette 18 March 1994 p. 1045.]
The Librarian may remove or authorise the removal from the Library of any book for the purpose of binding or repair.
[Rule 80 inserted in Gazette 2 March 1984 p. 541.]
81.Books not to be removed from Library
(1)No person shall remove any book from the Library for any purpose other than immediate use in a hearing before a member of the Judiciary or the Magistracy in the building in which the Library is situated unless he has applied for and obtained the permission of the Librarian and completed the recording procedure referred to in subrule (6).
(2)No book shall be removed from the Library more than one hour before the hearing referred to in this rule.
(3)Every book removed from the Library shall be returned to its proper place within the Library within 30 minutes of the termination of the relevant hearing on the day on which the book is removed, unless the Librarian approves of the book’s being left on a Library table.
(4)A person shall not leave unattended any book in any place other than the Library.
(5)Without the permission of the Librarian, a person shall not remove from the Library a book upon which is displayed a notice to the effect that the book is not to be removed from the Library.
(6)No book shall be removed from the Library unless the user shall have recorded his name, his office, firm or department, the date and the title of the book on a form provided by the Librarian for the purpose.
[Rule 81 inserted in Gazette 9 February 1959 p. 368; amended in Gazette 28 April 1959 p. 1139; 2 March 1984 p. 541; 18 March 1994 p. 1045.]
82.Librarian to have general control
Subject to the directions of the Board and the Library Committee, the Librarian has the general control and charge of the Library and is responsible for the safe custody of the books.
[Rule 82 inserted in Gazette 9 February 1959 p. 368; amended in Gazette 18 March 1994 p. 1045.]
(1)The Board or the Library Committee may give the Librarian a direction, either generally or in a particular case, in respect of the Librarian’s functions under this Part.
(2)A direction given by the Library Committee does not preclude the Board from giving a different direction in the same matter, but if that should occur the Librarian is to comply with the direction of the Board.
[Rule 82A inserted in Gazette 18 March 1994 p. 1045.]
83.Provisions applicable to person using Library
(1)A person using the Library shall comply with the reasonable directions of the Librarian.
(2)A person shall not obstruct or hinder the Librarian in the performance of his duties.
[Rule 83 inserted in Gazette 9 February 1959 p. 368; amended in Gazette 2 March 1984 p. 541.]
84.Librarian may inspect baggage
The Librarian may open and inspect any case, bag, parcel or receptacle brought to or found in the Library.
[Rule 84 inserted in Gazette 9 February 1959 p. 368; amended in Gazette 2 March 1984 p. 541.]
85.Book to be returned to its proper place
A person who uses or has in his possession any book shall return it to its proper place in the Library.
[Rule 85 inserted in Gazette 9 February 1959 p. 368.]
86.Books not to be misplaced or secreted
A person shall not misplace or secrete any book.
[Rule 86 inserted in Gazette 9 February 1959 p. 368.]
87.Books not to be damaged, etc.
A person shall not mark, damage or destroy any book.
[Rule 87 inserted in Gazette 9 February 1959 p. 368.]
88.Person to report damaged book
A person who uses or has in his possession a book which is marked, damaged or in imperfect condition shall report the fact to the Librarian.
[Rule 88 inserted in Gazette 9 February 1959 p. 368.]
89.Sale or removal of any book
Notwithstanding any other rule, the Board or the Librarian with the authority of the Board may, on and subject to such conditions as the Board may decide, permit the sale or removal of any book.
[Rule 89 inserted in Gazette 9 February 1959 p. 368; amended in Gazette 2 March 1984 p. 541.]
No person shall smoke or eat in the Library.
[Rule 89A inserted in Gazette 2 March 1984 p. 541.]
[89B. Repealed in Gazette 18 March 1994 p. 1046.]
Part XI — Trust accounts rules
[Heading inserted in Gazette 10 November 1972 p. 4333.]
Division I — Application of trust accounts rules
[Heading inserted in Gazette 10 November 1972 p. 4333.]
90.Interpretation and application
(1)In this Part “these rules” mean the rules contained in this Part.
(2)These rules apply to every practitioner who, in the course of the practice of his profession, receives, holds or pays any money for or on account of any client.
[Rule 90 inserted in Gazette 10 November 1972 p. 4333.]
Division II — Rules relating to books of account and other accounting records required to be kept by practitioners
[Heading inserted in Gazette 10 November 1972 p. 4333.]
(1)Subject to this rule, every practitioner shall, in connection with his practice —
(a)open and retain in his place of business;
(b)keep in accordance with this Division, and comply with the other provisions of this Division with respect to; and
(c)at all times cause to be kept written up,
such books of account and other accounting records as are necessary to show and to distinguish between —
(i)money received from or held on account of each client; and
(ii)money received, or held or paid, on account of the practitioner himself.
(2)Notwithstanding subrule (1) —
(a)where 2 or more practitioners are engaged in the practice of their profession in partnership, the books of account and other accounting records referred to in that subrule may be kept for or in respect of the transactions of the partnership; and
(b)the Board may require a practitioner who carries on his practice in more than one place of business to keep in each such place and with respect to his practice in each such, a separate set of books of account and other accounting records which comply with requirements of this Division.
(3)A practitioner who is required by the Board to keep a separate set of books of account and other accounting records pursuant to subrule (2) shall comply with that requirement.
[Rule 91 inserted in Gazette 10 November 1972 p. 4333.]
92.Trust moneys to be deposited to a trust account
In accordance with section 34(1) of the Act every practitioner who receives trust moneys shall unless then dealing with them as directed by the person from whom or for whose use or benefit they are received forthwith deposit them to the credit of a trust account whether a general trust account or an account maintained for one or other of those persons specifically and there retain them until such time as they are dealt with as so directed or until they are otherwise dealt with according to Law.
[Rule 92 inserted in Gazette 10 November 1972 p. 4333.]
(1)Without limiting the generality of subrule (1) of rule 91 the books of account and other accounting records required to be kept by a practitioner under that subrule shall, subject to this rule, include —
(a)a record of money received;
(b)bank deposit records;
(c)a cash book;
(d)a trust cheque book;
(e)a trust ledger;
(f)a trust account bank statement;
(g)the reconciliation accounts or statements referred to in rule 99;
and
(2)Bank deposit records shall comprise a carbon copy of every bank deposit form.
(3)Subject to subrule (4), the books of account and other accounting records may be kept on loose leaves or cards.
(4)Where a cash book is kept on loose leaves or cards pursuant to subrule (3), the loose leaves or cards shall be fixed together securely and in proper sequence at intervals of not longer than 12 months.
(5)Notwithstanding subrule (1), where a practitioner, at the same time as he makes an entry in a trust ledger, makes as part of a continuous record of ledger entries a duplicate or true copy of that entry, the continuous record shall be deemed to be a cash book for the purposes of that subrule.
(6)Where a continuous record as is referred to in subrule (5) is kept on loose leaves or cards, the record shall be fixed together securely and in proper sequence at intervals of not longer than 12 months.
(7)Without prejudice to any rule of Law or Equity to the contrary and for the purposes only of these rules every trust ledger and the source documents referred to in rule 94(4) and cash book shall be retained and preserved in good order and condition for at least 7 years.
[Rule 93 inserted in Gazette 10 November 1972 pp. 4333‑4.]
(1)A trust ledger shall be used to record —
(a)the receipt and deposit of moneys for or on account of a practitioner’s clients;
(b)the receipt and debiting of a practitioner’s charges;
(c)the payment by a practitioner of out‑of‑pocket payments or disbursements on behalf of a client and the repayment thereof to the practitioner.
(2)Subject to subrule (3), a practitioner may pay out of the trust account money for or on account of a client, notwithstanding that the practitioner does not hold in the trust account money, or sufficient money, for that payment if, for the whole of the period during which such a payment results in a debit balance in the client’s ledger account the practitioner retains in the trust account sufficient money belonging to the practitioner —
(a)to cover the debit balance; and
(b)which is clearly recorded and identified in the trust account as his own money.
(3)Notwithstanding subrule (2), a practitioner is not required to retain money belonging to him in his trust account to cover a debit balance in a client’s ledger account, if the debit balance —
(a)is properly shown by adjacent particulars (being particulars that are typewritten or written in ink in the trust ledger) as being covered by a credit balance in another ledger account in the practitioner’s trust ledger; or
(b)arises from the debiting of a cheque which has been properly used to obtain on behalf of a client a bank or other financial institution cheque, if and while that cheque properly remains in the possession of the practitioner pending the proper disposition thereof.
(4)Accurate details of every entry in a practitioner’s trust ledger shall be set out therein against the entry or be readily available from source documents and, in particular, all charges by the practitioner which are debited in the trust ledger shall be clearly identified.
(5)A practitioner may withdraw from the trust account, and apply to his own use, all moneys in the account representing the practitioner’s charges paid by clients if such a withdrawal does not result in a debit balance in a client’s account in the practitioner’s trust ledger which is not covered by money belonging to him and retained in the trust account in accordance with subrule (2).
[Rule 94 inserted in Gazette 10 November 1972 p. 4334; amended in Gazette 24 November 1998 p. 6317.]
95.Written record of all money received
(1)A practitioner shall make a written record of all money received by him for or on account of a client.
(2)Every such record shall be recorded in his cash book and in his trust ledger.
(3)Every record of money received by a practitioner shall contain the following particulars, namely —
(a)the date the money is received;
(b)the amount of money received;
(c)the name of the client by or on whose account the money is paid; and
(d)other particulars sufficient to identify the transaction in respect of which the money is received.
(4)A practitioner who received a payment by way of direct credit to the trust account shall, on becoming aware of the payment record such payment in his Cash Book or his Trust Ledger incorporating therein the particulars prescribed by subrule (3).
[Rule 95 inserted in Gazette 10 November 1972 p. 4334.]
95A. Direction to be in writing
(1)A direction given pursuant to section 34(1) of the Act by a person from whom, or for whose use or benefit, trust moneys are received by a practitioner must be in writing and be signed by that person, except where those moneys are paid to that person.
(2)A practitioner to whom a direction is given in accordance with section 34(1) of the Act and subrule (1) of this rule shall —
(a)cause an adequate record of the transaction to be made and to be either included in the books of account and other accounting records required to be kept under this Part or placed on the file relating to the matter in question; and
(b)retain that record and the direction and preserve them in good order and condition for at least 7 years.
(3)Subrule (1) does not apply in respect of the disposition of moneys which are deposited in a trust account.
[Rule 95A inserted in Gazette 4 May 1984 p. 1184; amended in Gazette 14 September 1984 p. 2906.]
(1)The practitioner’s bank deposit record referred to in rule 93 shall make provision for the entry of the following particulars, namely —
(a)the date of the deposit;
(b)whether the amount deposited consists of money or cheques or both, as the case may be;
(c)the name of the drawer of every cheque deposited; and
(d)the total amount of the deposit.
(2)Where a practitioner pays or deposits any money into the trust account, he shall —
(a)before making the payment or deposit, make a carbon copy of the bank deposit record;
(b)ensure that the carbon copy of the bank deposit record is stamped by the bank with which the payment or deposit is made; and
(c)retain the carbon copy of the bank deposit record.
[Rule 96 inserted in Gazette 10 November 1972 p. 4334.]
Every cheque drawn by a practitioner on the trust account shall be numbered and drawn consecutively and the number of the appropriate cheque shall be recorded in the practitioner’s cash book and in his trust ledger against the entry therein relating to that cheque.
[Rule 97 inserted in Gazette 10 November 1972 p. 4334.]
(1)Every account in a practitioner’s trust ledger shall be kept —
(a)under the name or names of the client or clients for whom or on whose behalf the money recorded therein was received or paid away or is held; or
(b)under the title of the practitioner’s file to which such account relates.
(2)Where a practitioner acts and holds money for more than one party to a transaction, the practitioner —
(a)shall keep a separate account in his trust ledger with respect to each of those parties and shall as soon as possible make all proper transfers between each of those accounts; or
(b)shall keep a separate account in his trust ledger in respect of each file which relates to any matter in which money is received by the practitioner by or on behalf of more than one party and such account in addition to showing the title of the relevant file shall also record all moneys received or paid away or held for any person who is a party to the transaction to which that file relates.
[Rule 98 inserted in Gazette 10 November 1972 p. 4335.]
99.Trust account to be balanced
(1)A practitioner shall, at least once in every month and at intervals of not longer than 6 weeks, cause —
(a)the trust ledger to be balanced; and
(b)an account or statement to be drawn up reconciling, in accordance with subrule (2), the balance of the trust ledger with the trust account bank statement or bank statements for the period which has elapsed since the last balance.
(2)A reconciliation for the purposes of subrule (1) —
(a)shall be made in accordance with the following provisions —
(i)There shall be set out the balance in the trust ledger as at the end of the preceding period of reconciliation;
(ii)There shall be added to the balance referred to in paragraph (a) the total of the moneys paid into the trust account during the period covered by the reconciliation and there shall be deducted from that balance the total of the moneys paid from the trust account during that period;
(iii)Moneys received by way of direct credit in the bank to the trust account during the period of reconciliation and amounts debited by the bank to the trust account and for which no cheques were drawn shall be set out in the reconciliation as distinct items;
(iv)Moneys received for the trust account during the period of reconciliation, but not banked therein, shall be set out in the reconciliation, as a distinct item; and
(v)Every cheque drawn on the trust account during the period of reconciliation (being a cheque which has not been presented to, and debited by, the bank in the bank statement) shall be set out separately in the reconciliation, by cheque number and amount;
or
(b)shall be made in accordance with a system approved by the approved accountant who examines the reconciliation for the purposes of giving a Certificate pursuant to Division III.
(3)For the purposes of subrule (2) “approved accountant” means an accountant who is registered or approved as required by section 42A of the Legal Practitioners Act.
[Rule 99 inserted in Gazette 10 November 1972 p. 4335.]
Division III — Provisions relating to the furnishing of accountants’ Certificates and reports to the Board
[Heading inserted in Gazette 10 November 1972 p. 4335.]
In this Division —
“approved accountant” means an accountant who is registered or approved as required by section 42A of the Legal Practitioners Act;
“Certificate” means a Certificate by an approved accountant with respect to a practitioner’s accounting records;
“Practitioner’s accounting records” means the books of account and other accounting records required to be kept by a practitioner under rule 91(1).
[Rule 100 inserted in Gazette 10 November 1972 p. 4335.]
101.Certificate to be furnished
(1)Every practitioner shall furnish the Board with a Certificate in accordance with Form AA in Schedule 1 on or before 30 June 1973 in respect of the period from and including the first day of the month next following the gazettal of these Rules and 31 March 1973 and thereafter on or before 30 June in each year in respect of the period from and including the first day of April in the year immediately preceding 31 March of the year in which the Certificate is furnished to the Board.
(2)For the purpose of furnishing the Board with a Certificate under subrule (1) a practitioner shall supply an approved accountant with particulars of every bank account kept, maintained, or operated by the practitioner in his practice at any time during the period to which the Certificate relates and all other information which the approved accountant reasonably requires for the purpose of carrying out the prescribed examinations.
(3)For the purposes of subrule (2) “the prescribed examinations” are —
(a)an examination of the book keeping system in every place of business of the practitioner to enable the approved accountant to verify that the system appears to comply with the requirements of Division II;
(b)a test check of a number of postings to the trust ledger or ledgers from records of receipts and payments of clients’ moneys, and a test check of the arithmetical accuracy of those accounts;
(c)a comparison of a sample of lodgments into, and payments from, the trust account, as shown in bank statements, with the records of receipts and payments of clients’ moneys;
(d)an inquiry into, and a test check of, the system of recording costs and of making withdrawals in respect of costs from the trust account;
(e)a selection of some transactions recorded in the trust ledger or ledgers during the period covered by the Certificate in order to ascertain —
(i)whether the entries relating to those transactions reflect, and are in accordance with, the respective rights of the clients as those rights appear to the approved accountant from the documents held by the practitioner; and
(ii)that the accounting has been carried out in accordance with Division II;
(f)a test check of the extraction of a balance of the trust ledger accounts at any one date during the period covered by the report; and
(i)a test check of the additions of the extraction of balances;
(ii)a check of the reconciliation of the total of the balance with the balance or balances shown in the bank statement or bank statements;
(iii)a check that any amount shown in the reconciliation as being money in hand and not deposited, was promptly deposited thereafter; and
(iv)a confirmation directly with the bank or banks concerned of the accuracy of the bank balance or bank balances used in the reconciliation;
(g)a check that, as at the date chosen for the examination of the extraction of balances and the check of the reconciliation, the total of any debit balances in the trust ledger accounts was covered in compliance with rule 94(2); and
(h)a test check of moneys taken to the credit of the office account of the practitioner with a view to ascertaining that the credit was not of moneys which should have been credited to a client’s trust account.
(4)Subject to this rule, nothing in the foregoing provisions of this rule requires an approved accountant —
(a)to extend his inquiries beyond the information contained in the accounting records and other relative documents produced to him by a practitioner, supplemented by such information and explanations as he may obtain from the practitioner;
(b)to inquire into the stocks, shares, mortgages, or other securities or documents held by a practitioner on behalf of a client;
(c)to consider whether a practitioner’s accounting records have been properly written up at any time other than at the time to which his examinations relates; or
(d)in the absence of suspicion or irregularity beyond trivial errors or mere clerical errors or mistakes to extend a test check beyond an inspection of more than a few isolated transactions.
(5)Notwithstanding subrule (4)(b), a practitioner shall produce to an approved accountant who is in the course of examining the practitioner’s accounting records, any stocks, shares, mortgages, or other securities or documents held by the practitioner on behalf of a client and called for by the approved accountant.
(6)Notwithstanding subrule (4)(c), where an approved accountant, in the course of examining a practitioner’s accounting records forms the opinion that those records were in disorder at any time during the accounting period and that there should be a closer examination thereof, he shall so report to the Board.
(7)If, after making, or during the making of, the prescribed examinations in accordance with this rule, it appears to an approved accountant that there is evidence of non‑compliance by a practitioner with the requirements of this Part, the accountant may make such further examination as he considers necessary in order to complete his Certificate with or without qualification.
(8)An approved accountant who supplies a practitioner with a Certificate referred to in subrule (1) for the purpose of enabling the practitioner to comply with that subrule shall at the time when he so supplies that Certificate deliver directly to the Board a copy of that Certificate.
[Rule 101 inserted in Gazette 10 November 1972 pp. 4335‑6; amended in Gazette 13 May 1988 p. 1585; 22 January 1999 p. 218.]
Nothing in this Division deprives a practitioner of the right, on the ground of privilege as between practitioner and client, to decline to produce any document to an approved accountant who is engaged in an examination for the purposes of this Division and, where a practitioner so declines, that practitioner and the approved accountant shall report to that effect and as to the circumstances thereof in writing to the Board.
[Rule 102 inserted in Gazette 10 November 1972 p. 4336.]
Part XII — Sharing of costs
[Heading inserted in Gazette 6 June 1980 p. 1665.]
103.Persons who may share costs
Subject to the provisions of this Part, a certificated practitioner may share the whole or any portion of the costs referred to in section 79(4) of the Act with any one or more of the following persons, not being certificated practitioners or their executors or administrators, namely,
(a)a parent, spouse, child or grandchild of the certificated practitioner or of a partner, also being a certificated practitioner, of the certificated practitioner;
(aa)a person to whom the certificated practitioner or a partner, also being a certificated practitioner, of the certificated practitioner, stands in loco parentis;
(b)a trustee of a trust, the only beneficiary or beneficiaries of which is or are one or more of the following —
(i)a person referred to in paragraph (a) or (aa);
(ii)a certificated practitioner;
(iii)a company referred to in paragraph (c);
(c)a company, the only shares in which are beneficially held by one or more of the following —
(i)a person referred to in paragraph (a) or (aa);
(ii)a certificated practitioner;
(iii)the trustee of a trust referred to in paragraph (b);
(d)the employer of the certificated practitioner.
[Rule 103 inserted in Gazette 6 June 1980 p. 1665; amended in Gazette 12 June 1981 p. 2053; 12 December 1986 p. 4807; 2 March 1990 p. 1288.]
104.Restrictions on sharing costs
(1)A certificated practitioner shall not permit or suffer any sharing of costs pursuant to rule 103(a), (b) or (c) which shall result in more than one half of the net income derived in any financial year from the practice in which he is engaged (whether as a sole practitioner, partner or otherwise) being derived by any one or more persons other than a certificated practitioner or his executors or administrators.
(2)In respect of any financial year, a certificated practitioner shall not share costs under rule 103(d) to an extent that exceeds the sum of —
(a)the practitioner’s salary for that financial year;
(b)the direct costs incurred by the employer in connection with the employment of the practitioner in that financial year; and
(c)the reasonable expenses incurred by the employer in running the practitioner’s office in that financial year.
[Rule 104 inserted in Gazette 12 June 1981 p. 2054; amended in Gazette 2 March 1990 pp. 1288‑9.]
105.Arrangement for sharing costs to be in writing
An agreement or arrangement for the sharing of costs under this Part shall be in writing.
[Rule 105 inserted in Gazette 6 June 1980 p. 1665.]
106.Costs not to be shared in certain matters
A certificated practitioner shall not share costs so as to affect any one or more of the following matters —
(a)the relationship between the practitioner and his client; or
(b)the proper conduct of his profession by the certificated practitioner; or
(c)the proper discharge by the Board of its powers and functions,
and in any case where the Board is of the opinion that —
(i)a practitioner is so sharing costs; or
(ii)an agreement or arrangement made under this Part is affecting one or more of the above matters,
then the Board may direct the certificated practitioner to cease to share costs with any person who is not a certificated practitioner or the executor or administrator of a certificated practitioner and the practitioner shall forthwith give effect to that direction.
[Rule 106 inserted in Gazette 6 June 1980 p. 1665.]
107.“Employer” includes a related corporation
Where a certificated practitioner is employed by a corporation a reference in this Part to the employer of the practitioner includes a reference to a corporation that is deemed to be related to the employer by virtue of section 7(5) of the Companies (Western Australia) Code 4.
[Rule 107 inserted in Gazette 2 March 1990 p. 1289.]
