Legal Practice (General) Regulations 1997

i Legal Practice (General) Regulations 1997 S.R. No. 30/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Definitions 1 4. Additional information to be included on the Register 2 5. Additional information to be provided by interstate practitioners 2 6. Statutory declaration by person who did not hold trust money in an audit year 2 7. Statutory declaration by person who ceases to hold trust money 2 8. Notice calling for claims against Fidelity Fund 3 9. Notice of accreditation of RPA 3 __________________ SCHEDULES 4 SCHEDULE 1 4 FORM 1—Statutory declaration by approved clerk, legal practitioner or firm that did not hold trust money in an audit year 4 FORM 2—Statutory declaration by approved clerk, legal practitioner or firm that ceases to hold trust money 5 FORM 3—Notice calling for claims against the legal practitioners' fidelity fund 6 FORM 4—Notice of accreditation of recognised professional association 7 ═══════════════ -- 1 of 8 -- 1 STATUTORY RULES 1997 S.R. No. 30/1997 Legal Practice Act 1996 Legal Practice (General) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 15 April 1997 Responsible Minister: JAN WADE Attorney-General SHARNE BRYAN Clerk of the Executive Council 1. Objective The main objective of these Regulations is to prescribe— (a) further information to be supplied by legal practitioners and firms and included on the Register; (b) forms for the purposes of the Act. 2. Authorising provisions These Regulations are made under sections 9, 53(2), 184(3), 185(3), 209(1), 300(1) and 445 of the Legal Practice Act 1996. 3. Definitions In these Regulations— "Act" means Legal Practice Act 1996; "Form" means form in Schedule 1. -- 2 of 8 -- S.R. No. 30/1997 Legal Practice (General) Regulations 1997 2 4. Additional information to be included on the Register The Register must include, in respect of each legal practitioner, incorporated practitioner, firm and registered interstate practitioner that is authorised to receive trust money the name and address of the approved auditor appointed by the practitioner or firm to audit their trust money records under section 183 of the Act. 5. Additional information to be provided by interstate practitioners An application under section 53 of the Act by an interstate practitioner for registration as a registered interstate practitioner must contain the following information— (a) whether or not the practitioner holds a practising certificate in their home jurisdiction; and (b) the address of the practitioner's principal place of legal practice (if different from the practitioner's address for service); and (c) if the practitioner is authorised to receive trust money, the name and address of the approved auditor appointed by the practitioner to audit their trust money records under section 183 of the Act. 6. Statutory declaration by person who did not hold trust money in an audit year For the purposes of section 184(3) of the Act the prescribed form of statutory declaration is Form 1. 7. Statutory declaration by person who ceases to hold trust money For the purposes of section 185(3)(b) of the Act the prescribed form of statutory declaration is Form 2. r. 4 -- 3 of 8 -- S.R. No. 30/1997 Legal Practice (General) Regulations 1997 3 8. Notice calling for claims against Fidelity Fund For the purposes of section 209(1) of the Act the prescribed form of notice is Form 3. 9. Notice of accreditation of RPA For the purposes of section 300(1) of the Act the prescribed form of notice is Form 4. __________________ r. 8 -- 4 of 8 -- S.R. No. 30/1997 Legal Practice (General) Regulations 1997 4 SCHEDULES SCHEDULE 1 FORM 1 Regulation 6 Legal Practice Act 1996 STATUTORY DECLARATION BY APPROVED CLERK, LEGAL PRACTITIONER OR FIRM THAT DID NOT HOLD TRUST MONEY IN AN AUDIT YEAR I, [insert full name] , of [insert address] DECLARE THAT: 1. I am *an approved clerk/a legal practitioner/a partner of a firm/a director of an incorporated practitioner *who/that is authorised to receive trust money. 2. *I/The firm of which I am a partner/The incorporated practitioner of which I am a director did not hold any trust money within the meaning of section 3 of the Legal Practice Act 1996 during the audit year ending on 31 March [insert year]. I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury. DECLARED AT [place] in the State of Victoria on [date] Before: [Name and address in legible writing, type or stamp below signature] a person authorised under section 107A(1) of the Evidence Act 1958 to witness the signing of a statutory declaration. * Omit words not applicable __________________ Sch. 1 -- 5 of 8 -- S.R. No. 30/1997 Legal Practice (General) Regulations 1997 5 FORM 2 Regulation 7 Legal Practice Act 1996 STATUTORY DECLARATION BY APPROVED CLERK, LEGAL PRACTITIONER OR FIRM THAT CEASES TO HOLD TRUST MONEY I, [insert full name] , of [insert address] DECLARE THAT: 1. I am or was *an approved clerk/a legal practitioner/a partner of a firm/a director of an incorporated practitioner *who/that ceased to be authorised to receive trust money on [insert date]. 2. *I/The firm of which I am a partner/The incorporated practitioner of which I am a director ceased to hold trust money within the meaning of section 3 of the Legal Practice Act 1996 on [insert date] and *do/does not now hold any trust money, all such trust money having been applied in accordance with that Act. I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury. DECLARED AT [place] in the State of Victoria on [date] Before: [Name and address in legible writing, type or stamp below signature] a person authorised under section 107A(1) of the Evidence Act 1958 to witness the signing of a statutory declaration. * Omit words not applicable __________________ Sch. 1 -- 6 of 8 -- S.R. No. 30/1997 Legal Practice (General) Regulations 1997 6 FORM 3 Regulation 8 Legal Practice Act 1996 NOTICE CALLING FOR CLAIMS AGAINST THE LEGAL PRACTITIONERS' FIDELITY FUND In the matter of [insert full name] of [insert address], *an approved clerk/a legal practitioner/a firm. NOTICE is given that all persons claiming to have suffered pecuniary loss from any defalcation committed by the above-named *person/firm or by *a partner/a director or an employee of that *person/firm in relation to any money or other property to which section 208 of the Legal Practice Act 1996 applies are required to deliver to the Board, on or before [insert date], particulars of their claims in the form approved by the Board. Any claim that is not made by the date specified above is barred, unless the Board determines to accept it. [Name and title of person authorising notice] Legal Practice Board Dated: * Omit words not applicable __________________ Sch. 1 -- 7 of 8 -- S.R. No. 30/1997 Legal Practice (General) Regulations 1997 7 FORM 4 Regulation 9 Legal Practice Act 1996 NOTICE OF ACCREDITATION OF RECOGNISED PROFESSIONAL ASSOCIATION NOTICE is given that the Board on [insert date] granted accreditation to the following body as a recognised professional association under section 299 of the Legal Practice Act 1996. Name of RPA: Address of RPA: Contact officer of RPA: [insert name and title] [Name and title of person authorising notice] Legal Practice Board Dated: ═══════════════ Sch. 1 -- 8 of 8 --