Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 88

Approval of clerks

S. 88(1) amended by No. 38/2017 s. 55(1).

    (1)     The Victorian Legal Services Board, in accordance with this section, may approve a natural person to receive trust money on account of legal costs of one or more barristers in advance of the provision of the legal services to which those costs relate.

S. 88(1A) inserted by No. 38/2017 s. 55(2).

    (1A)     The Victorian Legal Services Board must not approve a natural person under subsection (1) unless the Board is satisfied that the person is a fit and proper person to receive trust money as described in that subsection.

S. 88(1B) inserted by No. 38/2017 s. 55(2).

    (1B)     In considering whether a person is or is not a fit and proper person to receive trust money as described in subsection (1), the Victorian Legal Services Board may have regard to whether—

        (a)     a bankruptcy-related event has occurred in relation to the person; or

        (b)     the person has been convicted of a serious offence or a tax offence; or

        (c)     the person has contravened any of the following—

              (i)     this Act;

              (ii)     the Legal Profession Uniform Law (Victoria);

              (iii)     the Uniform Rules;

              (iv)     the rules made under section 90 of this Act;

              (v)     any other law or rule of any other State or a Territory, or of a foreign country, relating to trust accounts or trust money.

S. 88(1C) inserted by No. 38/2017 s. 55(2).

    (1C)     The Victorian Legal Services Board may consider that a person is a fit and proper person to receive trust money as described in subsection (1) despite an event, conviction or contravention referred to in subsection (1B) if the Board is satisfied that the decision is warranted in the circumstances.

S. 88(2) amended by No. 38/2017 s. 55(3).

    (2)     An approval must be in writing.

S. 88(3) inserted by No. 38/2017 s. 55(4).

    (3)     If the Victorian Legal Services Board delegates to the Victorian Bar the function of approving a natural person under subsection (1), the Victorian Bar must notify the Board in writing of an approval as soon as practicable after giving it.

S. 88A inserted by No. 38/2017 s. 56.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback