LEGAL PROFESSION ACT 1987 - SECT 60 Definitions

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 60

60 Definitions

(1) In this Division:

(a) a reference to practising as a solicitor is a reference to a local legal practitioner acting as a solicitor, or an interstate legal practitioner who has established an office in New South Wales, acting as a solicitor in New South Wales, whether or not also acting as a trustee, stakeholder, agent or bailee or in any other capacity, and

(b) a reference to money is not limited to a reference to money in New South Wales.

(2) In this Division, a reference to an associate of a solicitor is a reference to:

(a) a partner of the solicitor, whether or not the partner is a solicitor,

(b) an employee or agent of the solicitor,

(c) a corporation, or a member of a corporation, partnership, syndicate or joint venture, in which the solicitor or a person referred to in paragraph (a), (b) or (e) has a beneficial interest,

(d) a co-trustee of the solicitor,

(e) a person who bears a prescribed relationship to the solicitor or to a person referred to in paragraphs (a)-(d), or

(f) a corporation that (if the solicitor or a person referred to in paragraphs (a)-(e) were, or is, a corporation) would be, or is, a subsidiary of the solicitor or person within the meaning of the Corporations Act 2001 of the Commonwealth, or

(g) a person prescribed by the regulations as an associate of the solicitor.

(3) For the purposes of subsection (2), a person bears a prescribed relationship to a solicitor or other person if the relationship is that of:

(a) a spouse,

(b) a de facto partner, being a person who has a de facto relationship (within the meaning of the Property (Relationships) Act 1984 ) with the solicitor or other person,

(c) a child, grandchild, sibling, parent or grandparent, whether derived through paragraph (a) or (b) or otherwise, or

(d) a kind prescribed by the regulations for the purposes of this section.

(4) A reference in this Division to money received by a solicitor includes a reference to:

(a) money coming under the direct control of the solicitor, whether or not by the exercise of an express power or authority or by operation of law,

(b) money paid to an associate of the solicitor on the advice of the solicitor, but only if the money is under the direct or indirect control of the solicitor, and

(c) money in relation to which the solicitor (whether or not through an associate) has a power of disposal exercisable jointly and severally with the person on whose behalf it was received or a nominee of the person.