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LEGAL PROFESSION REGULATION 2002 - REG 78 Receipt and withdrawal of money for costs and disbursements

This legislation has been repealed.

LEGAL PROFESSION REGULATION 2002 - REG 78

Receipt and withdrawal of money for costs and disbursements

78 Receipt and withdrawal of money for costs and disbursements

(1) For the purposes of section 61 (3) (b) of the Act, the prescribed procedure to be followed by a solicitor for withdrawing or receiving, from trust money or controlled money:
(a) reimbursement for disbursements paid by the solicitor, or
(b) money for disbursements to be paid by the solicitor, or
(c) money due, or to accrue due, to the solicitor for costs,
is the procedure set out in this clause.
(2) A solicitor who has disclosed information about the costs of legal services in accordance with section 175 of the Act to a person from whom the solicitor has received trust money or controlled money, or who can reasonably claim, in terms of section 180 of the Act, that the disclosure was not required because, in the circumstances, it was not reasonably practicable, may withdraw or receive, from that money, money for a purpose referred to in subclause (1) if any of the following circumstances apply:
(a) the solicitor has delivered to the person a bill of costs in accordance with Part 11 of the Act and the person has authorised the withdrawal or receipt,
(b) the solicitor has delivered to the person a bill of costs in accordance with Part 11 of the Act, together with written notice that, unless the person objects, the solicitor intends to withdraw the money and to apply it towards payment of the bill at the expiration of 30 days after the delivery, and that period has expired without an objection being made to the solicitor,
(c) an objection has been made in the circumstances referred to in paragraph (b), neither the person nor the solicitor has referred the bill of costs for assessment within the time limited by section 192 (1) or 201 (2) of the Act and at least 30 days have passed since the objection was made to the solicitor,
(d) a determination of the solicitor's costs has been made under Part 11, a certificate setting out the determination has been served on the person and all review and appeal rights in relation to the determination have been exhausted or can no longer be exercised.
(3) In any case other than a case referred to in subclause (2), a solicitor must not withdraw or receive, from trust money or controlled money, money for a purpose referred to in subclause (1) unless a determination of the solicitor's costs has been made under Part 11, a certificate setting out the determination has been served on the person and all appeal and review rights in relation to the determination have been exhausted or can no longer be exercised.