LEGAL PRACTITIONERS ACT 1893 - SECT 34
This legislation has been repealed.
LEGAL PRACTITIONERS ACT 1893 - SECT 34
34 . Trust moneys to be paid to a trust account
(1) Every practitioner
who, practising within the State, receives trust moneys shall, unless then
dealing with them as directed by the person from whom, or for whose use or
benefit, they are received, forthwith deposit them to the credit of a trust
account, whether a general account or an account maintained for one or other
of those persons, specifically, and there retain them, until such time as they
are dealt with, as so directed or until they are otherwise dealt with
according to law.
(2) Trust moneys are
not available for the satisfaction of any debt due to, or any claim or demand
made by, a person other than the person for whose use or benefit they are
received and shall not be attached or taken in execution at the instance of
any other person; but nothing in this subsection affects any lien or valid
claim that a practitioner may have over or against trust moneys under the
control of that practitioner.
(3) A reference in
this Part to trust moneys received by a practitioner includes moneys received,
in the course of legal practice, by a partner, clerk, servant or agent of the
practitioner or by a practitioner with whom the practitioner shares
remuneration, other than as principal and agent.
[Section 34 inserted by No. 79 of 1967 s. 6;
amended by No. 48 of 1992 s. 55.]