Western Australian Repealed Regulations

This legislation has been repealed.

LEGAL PRACTICE BOARD RULES 1949

TABLE OF PROVISIONS

   PART I -- Introductory  

   1.      Citation  
   2.      Repeal and savings  
   3.      Interpretation  
   3A.     Varying time periods  

   PART II -- Election  

   4.      Annual election date  
   5.      Board to appoint electoral officers  
   6.      Time for lodging nomination  
   7.      Candidates elected where nominations equal vacancies  
   8.      Method of election  
   9.      Day when successful candidate to take office  
   10.     Names of successful candidates and nominated Board members to be published in the Gazette  
   11.     Non-receipt of ballot papers  

   PART III -- Meetings  

   12.     Meetings to be held  
   13.     Convening of meetings  
   13A.    Urgent convening of meetings  
   14.     Quorum  
   15.     Voting at meeting  
   16.     Rescission or amendment  
   17.     Minutes  

   PART IV -- Articled clerks  

           Division 1 -- Articles  

   18.     Definitions  
   19.     Term of articles  
   20.     Application for approval to registration of articles  
   21.     Assignment of articles  
   22.     New articles where practitioner ceases to be entitled to have an articled clerk  
   23.     Applications for the Board’s approval  
   24.     Registration of articles or assignments, and fee  
   25.     Conduct of articled clerks  
   25A.    Conduct of principals  
   26.     Supervision of articled clerks  

           Division 2 -- Examinations  

   27.     Definition  
   28.     ATP and transitional provisions  
   29.     5 year articled clerks’ examinations  
   30.     Credits  
   31.     Courses conducted by the Board  

           Division 3 -- Miscellaneous  

   32.     Records  

   PART V -- Managing clerks  

   39.     Requirements for approval as a managing clerk  
   40.     Board may approve or reject application  
   41.     Information and answer to questions  
   42.     Date when applicants employment deemed to commence  
   43.     Prescribed examinations  
   44.     Approval to be given before sitting for exams  
   45.     Period for passing exams  
   48.     Records to be kept  
   49.     Board may require answers on conduct of managing clerk  
   50.     Notification of change of employment  

   PART VA -- Control of certain practices  

   50A.    Service of order to a banker  
   50B.    Notice to be given by supervising solicitor  
   50C.    Notice to be given by supervising solicitor in the case of a deceased practitioner  
   50D.    Conduct of business by supervising solicitor  

   PART VI -- Admission of practitioners  

   51.     Requirements for application for admission under section 15(2)(c) or (d) of the Act  
   51A.    Admission fee  
   52.     Application for admission under section 15(2)(a) or (b) or section 16 of the Act  
   53.     Requirements for admission  
   54.     Certificate to be produced before admission  
   55.     Applicant for admission to appear in person  
   55A.    Rules may be varied  

   PART VII -- Re-admission of practitioners  

   56.     Application for re-admission  
   57.     Certificates with affidavit  
   57A.    Board to fix time and place for examination of applicant  
   57B.    Secretary may issue summons  
   57C.    Conduct of hearing  
   57D.    Recording evidence  
   57E.    Board may refuse or approve application  
   57F.    Rules which apply to applicants for re-admission  
   58.     Application for re-admission to be advertised  

   PART VIII -- Practice certificates  

   60.     Annual fee  
   61.     Form of annual practice certificate  
   62.     Register to be kept  
   63.     Changed particulars to be notified and register to be amended  
   65.     Service of documents  

   PART VIIIA -- Solicitors’ Guarantee Fund  

   65A.    Annual amount payable  

   PART X -- Law Library  

   78.     Interpretation  
   79.     Persons who are entitled to use the Library  
   79A.    Entitlement may be suspended by Librarian  
   79B.    Entitlement may be cancelled or suspended by the Board  
   79C.    Other persons may be permitted to use the Library  
   79D.    Permission may be withdrawn  
   79E.    Times during which Library can be used  
   80.     Repair of books  
   81.     Books not to be removed from Library  
   82.     Librarian to have general control  
   82A.    Directions to Librarian  
   83.     Provisions applicable to person using Library  
   84.     Librarian may inspect baggage  
   85.     Book to be returned to its proper place  
   86.     Books not to be misplaced or secreted  
   87.     Books not to be damaged, etc.  
   88.     Person to report damaged book  
   89.     Sale or removal of any book  
   89A.    No smoking or eating  

   PART XI -- Trust accounts rules  

           Division I -- Application of trust accounts rules  

   90.     Interpretation and application  

           Division II -- Rules relating to books of account and other accounting records required to be kept by practitioners  

   91.     Accounting records  
   92.     Trust moneys to be deposited to a trust account  
   93.     Books of account  
   94.     Trust ledger  
   95.     Written record of all money received  
   95A.    Direction to be in writing  
   96.     Bank deposit record  
   97.     Cheques  
   97A.    Electronic transfer of funds  
   98.     Account in trust ledger  
   99.     Trust account to be balanced  

           Division III -- Provisions relating to the furnishing of accountants’ Certificates and reports to the Board  

   100.    Interpretation  
   101.    Certificate to be furnished  
   102.    Effect of privilege  

   PART XII -- Sharing of costs  

   103.    Persons who may share costs  
   104.    Restrictions on sharing costs  
   105.    Arrangement for sharing costs to be in writing  
   106.    Costs not to be shared in certain matters  
   107.    “Employer” includes a related corporation  
           SCHEDULE 1 -- Forms  
           Compilation table