Western Australian Numbered Acts Western Australian Numbered Acts (1) After service on a
law practice of a notice of the appointment of a manager for the practice and
until the appointment is terminated, a legal practitioner associate of the
practice who is specified or referred to in the notice must not participate in
the affairs of the practice except under the direct supervision of the
manager.
(2) After service on
an ADI of a notice of the appointment of a manager for a law practice and
until the appointment is terminated, the ADI must ensure that no funds are
withdrawn or transferred from a trust account of the practice
unless —
(a) the
withdrawal or transfer is made by cheque or other instrument drawn on that
account signed by —
(i)
the manager; or
(ii)
a receiver appointed for the practice; or
(iii)
a nominee of the manager or receiver;
or
(b) the
withdrawal or transfer is made by means of electronic or internet banking
facilities by —
(ii)
a receiver appointed for the practice; or
(iii)
a nominee of the manager or receiver;
or
(c) the
withdrawal or transfer is made in accordance with an authority to withdraw or
transfer funds from the account signed by —
(i)
the manager; or
(ii)
a receiver appointed for the practice; or
(iii)
a nominee of the manager or receiver.
(3) After service on a
person of a notice of the appointment of a manager for a law practice and
until the appointment is terminated, the person must not —
(a) deal
with any of the practice’s trust money; or
(b) sign
any cheque or other instrument drawn on a trust account of the practice; or
(c)
authorise the withdrawal or transfer of funds from a trust account of the
practice,
but this subsection
does not apply to a legal practitioner associate referred to in
subsection (1), an ADI or the manager or receiver for the practice.
Penalty: a fine of $10 000.
(4) A manager may, for
the purposes of subsection (2)(b), enter into arrangements with an ADI
for withdrawing money from a trust account of the law practice concerned by
means of electronic or internet banking facilities.
(5) Any money that is
withdrawn or transferred in contravention of subsection (2) may be
recovered from the ADI concerned by the manager, or a receiver for the law
practice, as a debt in a court of competent jurisdiction, and any amount
recovered is to be paid into a trust account of the practice or another trust
account nominated by the manager or receiver.