South Australian Current Regulations

LEGAL PRACTITIONERS REGULATIONS 2014

- under the Legal Practitioners Act 1981

TABLE OF PROVISIONS

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation

   PART 2--Notice requirements

   4.      Notification of changes to Supreme Court and Law Society
   5.      Notification by interstate practitioners establishing South Australian office (section 23D of Act)

   PART 3--Register of Disciplinary Action

   6.      Register of Disciplinary Action (section 89C of Act)

   PART 4--Professional mentoring agreements

   7.      Duties of professional mentor (section 90B of Act)
   8.      Fees and expenses of professional mentor (section 90B of Act)

   PART 5--Incorporated legal practices

   9.      Notice of termination of provision of legal services (Schedule 1 clause 7 of Act)
   10.     Disqualifications and prohibitions (Schedule 1 clauses 21 and 22 of Act)

   PART 5A--Practice of foreign law

   11.     Prescribed dispute resolution
   11A.    Fidelity Fund

   PART 6--Trust money and trust accounts

           Division 1--Preliminary

   12.     Definitions
   13.     Operation of Part

           Division 2--Computerised accounting systems

   14.     Application of Division
   15.     Copies of trust records to be printed
   16.     Chronological record of information to be made
   17.     Requirements regarding computer accounting systems
   18.     Back-ups

           Division 3--General trust accounts

   19.     Establishment of general trust account
   20.     Receipting of trust money
   21.     Deposit records for trust money
   22.     Direction for non-deposit of trust money in general trust account (Schedule 2 clause 12 of Act)
   23.     Written record to be kept of verbal direction to disburse trust money
   24.     Payment by cheque
   25.     Payment by electronic funds transfer
   26.     Recording transactions in trust account cash books
   27.     Trust account receipts cash book
   28.     Trust account payments cash book
   29.     Recording transactions in trust ledger accounts
   30.     Journal transfers
   31.     Reconciliation of trust records
   32.     Trust ledger account in name of law practice or legal practitioner associate
   33.     Notification requirements regarding general trust accounts

           Division 4--Controlled money

   34.     Maintenance of controlled money accounts (Schedule 2 clause 15 of Act)
   35.     Receipt of controlled money
   36.     Deposit of controlled money (Schedule 2 clause 15 of Act)
   37.     Withdrawal of controlled money must be authorised
   38.     Register of controlled money

           Division 5--Transit money

   39.     Information to be recorded about transit money (Schedule 2 clause 17 of Act)

           Division 6--Trust money generally

   40.     Trust account statements
   41.     Trust account statements for sophisticated clients
   42.     Register of investments
   43.     Trust money subject to specific powers (Schedule 2 clause 18 of Act)
   44.     Register of powers and estates in relation to trust money
   45.     Withdrawing trust money for legal costs (Schedule 2 clause 22 of Act)
   46.     Keeping of trust records (Schedule 2 clause 25 of Act)
   47.     Keeping other records and information
   48.     Statements regarding receipt or holding of trust money

           Division 7--External examinations

   49.     Appointment of external examiner (Schedule 2 clause 34 of Act)
   50.     No requirement for external examinations for transit money
   51.     Carrying out examination (Schedule 2 clause 38 of Act)
   52.     External examiner's report (Schedule 2 clause 39 of Act)
   53.     Conditions on approval of ADIs (Schedule 2 clause 41 of Act)
   54.     Information to be provided to Society (Schedule 2 clause 48 of Act)

           Division 8--Miscellaneous

   55.     Law practice closing down, closing office or ceasing to receive or hold trust money
   56.     Exemptions
   57.     Transitional provision--retention of accounts and records kept under revoked regulations

   PART 7--Costs disclosure and assessment

   58.     Substantial connection with this State (Schedule 3 of Act)
   59.     Disclosure of costs to clients--form (Schedule 3 clause 10 of Act)
   60.     Exceptions to requirement for disclosure (Schedule 3 clause 13 of Act)
   61.     Interest on unpaid legal costs (Schedule 3 clause 23 of Act)
   62.     Costs agreement with associated third party payer (Schedule 3 clause 24)
   63.     Notification of client's rights--form (Schedule 3 clause 33 of Act)

   PART 8--Miscellaneous

   65.     Miscellaneous prescribed matters under Act
   67.     Obligation to provide information to Supreme Court
   68.     Offences
   69.     General defence

   PART 9--Transitional provisions--Legal Practitioners (Miscellaneous) Amendment Act 2013

   70.     Operation of amendment (requirement of incorporated legal practice to give notice)
   71.     Reporting obligations for 2013/2014 financial year
           SCHEDULE 1--Forms
           Legislative history