Queensland Consolidated Regulations

LEGAL PROFESSION REGULATION 2017 - REG 58

58 Procedures and requirements for withdrawing trust money for legal costs—Act, s 258

(1) For section 258 (1) (b) of the Act , trust money, held in a general trust account or controlled money account of a law practice for a person, may only be withdrawn, for payment of legal costs owing to the practice by the person, in accordance with the procedure set out in subsection (2) , (3) , (4) or (5) .

(2) The law practice may withdraw the trust money—

(a) if the practice has given the person a bill relating to the money; and

(b) if—

(i) the person has not objected to withdrawal of the money within 7 days after being given the bill; or

(ii) the person has objected within 7 days after being given the bill, but has not applied for a costs assessment within 60 days after being given the bill; or

(iii) the money otherwise becomes legally payable.

(3) The law practice may withdraw the trust money, whether or not the law practice has given the person a bill relating to the money, if—

(a) the money is withdrawn in accordance with—

(i) a costs agreement that complies with the legislation under which it is made and that authorises the withdrawal; or

(ii) instructions that have been received by the practice and that authorise the withdrawal; and

(b) the practice, before withdrawing the money, gives or sends to the person—

(i) a request for payment, referring to the proposed withdrawal; or

(ii) a written notice of withdrawal.

(4) The law practice may withdraw the trust money if—

(a) the money is owed to the law practice by way of reimbursement of money already paid by the law practice on behalf of the person; and

(b) the practice, before withdrawing the money, gives or sends to the person—

(i) a request for payment, referring to the proposed withdrawal; or

(ii) a written notice of withdrawal.

(5) If a cost agreement or instruction, mentioned in subsection (3) (a) , authorises withdrawal of only part of the money, the remainder of the money may still be withdrawn in accordance with subsection (2) or (4) .

(6) An instruction mentioned in subsection (3) (a) (ii) —

(a) if the instruction is given in writing—must be kept as a permanent record; or

(b) otherwise—must be confirmed in writing either before, or within 5 working days after, the law practice withdraws the money and a copy must be kept as a permanent record.

(7) For the purposes of subsection (4) , money is taken to have been paid by the law practice on behalf of the person when the relevant account of the law practice has been debited.