LEGAL PROFESSION REGULATION 2002 - REG 86 Delegation

This legislation has been repealed.

LEGAL PROFESSION REGULATION 2002 - REG 86

86 Delegation

(1) A solicitor who complies with the requirements of this clause may delegate his or her authority to sign a cheque drawn on, or to effect an electronic funds transfer from, a trust bank account maintained under section 61 of the Act:

(a) if the solicitor is practising on his or her own account and is unable to sign the cheque or effect the transfer with due expedition because of his or her illness, injury or absence for good reason, or

(b) if the solicitor is practising in partnership and neither the solicitor nor any partner of the solicitor is able to sign the cheque or effect the transfer with due expedition because of the illness, injury or absence for good reason of the solicitor and any partner of the solicitor, or

(c) if the solicitor is a solicitor director of an incorporated legal practice and neither the solicitor nor any other solicitor director is able to sign the cheque or effect the transfer with due expedition because of the illness, injury or absence for good reason of the solicitor or any other solicitor director.

(2) The delegation must be in writing signed by the solicitor, and may be to any 2 of the following persons only:

(a) a solicitor holding a current practising certificate,

(b) a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth,

(c) the manager of the branch of the bank at which the solicitor's trust bank account is maintained,

(d) a person approved of or nominated by the Law Society Council for the purposes of the delegation before the delegation is made.

(3) The delegation may authorise the signing of a cheque or the effecting of an electronic funds transfer by 2 delegates only.

(4) A solicitor must give the Law Society written notice of the delegation immediately it is made.

(5) A delegation ceases to have effect if the Law Society Council resolves that the delegation should be cancelled and serves notice of the resolution on the delegates and the branch of the bank at which the trust bank account, the subject of the delegation, is maintained.

(6) Sufficient service of the resolution is effected on the delegates if a copy of the resolution is delivered to the office that the delegating solicitor has notified the Law Society is the principal place at which the solicitor carries on business.