Legal Profession Uniform General Rules 2015 (WA)

Western Australia Legal Profession Uniform Law Application Act 2022 Legal Profession Uniform General Rules 2015 Western Australia Legal Profession Uniform General Rules 2015 Contents Chapter 1 — Preliminary Part 1.1 — Introduction 1. Citation 1 2. Commencement 1 3. Objective 1 4. Authorising provision 1 Part 1.2 — Interpretation 5. Definitions 2 6. Professional associations excluded from being incorporated legal practices 3 7. Supervised legal practice 3 Chapter 2 — Threshold requirements for legal practice Part 2.1 — Unqualified legal practice 8. Authorising provision 5 9. Entitlement to certain titles 5 10. Exemption from prohibition on engaging in legal practice 7 Chapter 3 — Legal practice Part 3.3 — Australian legal practitioners 11. Authorising provision 10 12. Application for grant or renewal of Australian practising certificate 10 13. Consideration of application for grant or renewal of Australian practising certificate 11 14. Statutory condition — to engage in supervised legal practice 15 15. Statutory condition — notification of certain offences 15 16. Discretionary conditions on Australian practising certificate 17 17. Duration of Australian practising certificate 18 18. Applicant for grant or renewal of Australian practising certificate intending to practise 19 Part 3.4 — Foreign lawyers 19. Authorising provision 20 20. Application for Australian registration certificate 20 21. Grounds for refusing to grant or renew Australian registration certificate 21 22. Discretionary conditions on Australian registration certificate 23 23. Duration of Australian registration certificate 23 Part 3.5 — Variation, suspension and cancellation of, or refusal to renew, certificates 24. Authorising provision 24 25. Notice by holder of certificate of automatic show cause event 24 26. Notice by holder of certificate of designated show cause event 25 Part 3.7 — Incorporated and unincorporated legal practices 27. Authorising provision 25 28. Notice of intention to engage in legal practice 25 29. Notice of cessation of legal practice 25 30. Provisions relating to notices 25 31. Disclosure obligations 26 32. Directors of incorporated legal practice and pro bono services 26 Chapter 4 — Business practice and professional conduct Part 4.2 — Trust money and trust accounts Division 1 — Preliminary 33. Authorising provision 27 34. Definitions 27 Division 2 — Trust money and trust accounts 35. Maintenance of general trust account 27 36. Receipting of trust money 28 37. Deposit records for trust money 29 38. Computerised accounting systems — copies of trust records 30 39. Computerised accounting systems — chronological record of information to be made 31 40. Computerised accounting systems — requirements regarding systems 31 41. Computerised accounting systems — back‑ups 32 42. Withdrawal of trust money for payment of legal costs 32 43. Method of payment 35 44. Trust account receipts cash books 37 45. Trust account payments cash book 38 46. Journal transfers 39 47. Recording transactions in trust ledger accounts 40 48. Reconciliation of trust records 41 49. Trust ledger account in name of law practice or legal practitioner associate 42 50. Notification requirements regarding general trust accounts 43 51. Law practice closing down, closing office or ceasing to receive or hold trust money 44 52. Trust account statements 44 53. Trust account statements for commercial or government clients 46 54. Statements regarding receipt or holding of trust money 47 55. Trust money subject to specific powers 47 56. Authority to receive trust money 48 57. Disclosure of accounts used to hold money 48 58. When, how and where money is received 49 59. Register of investments 50 60. Register of powers and estates in relation to trust money 50 Division 3 — Controlled money 61. Maintenance of controlled money account 51 62. Receipt of controlled money 52 63. Withdrawal of controlled money from controlled money account 53 64. Register of controlled money 55 Division 4 — External examinations 65. Designation of persons eligible to be appointed as external examiners 57 65A. Revocation of eligibility for appointment as external examiner 58 66. Appointment of external examiner by law practice 60 67. Standard form reports by external examiners 61 68. Final external examination 61 69. External examiner's report 62 Part 4.3 — Legal costs 70. Authorising provision 62 71. Commercial or government clients 62 72. Alternative disclosure for legal costs below higher threshold 63 72A. Non‑compliance with disclosure obligations — disapplication of section 178(1) and (2) of the Uniform Law 63 73. Giving bills 64 74. Itemised bill higher than lump sum bill 66 75. Interest on unpaid legal costs 66 76. Costs assessment — party not participating in assessment 66 Part 4.4 — Professional indemnity insurance 77. Authorising provision 67 78. Minimum standards for professional indemnity insurance — law practices except barristers 67 79. Minimum standards for professional indemnity insurance — barristers 69 80. Notice to be given where certain legal services not covered by insurance 70 81. Regulatory authority may inspect policies 70 82. Exemptions 71 Part 4.5 — Fidelity cover 83. Authorising provision 72 84. Time of default 72 85. Defaults to which Uniform Law does not apply 72 86. Making a claim 73 87. Investigation of claims 73 88. Change in status of law practice or associate does not affect claim 74 89. Advertisements 75 89A. Interest rate for payments 75 90. Notification of delay in making decision 75 91. Recommendations by the fidelity authority to other fidelity authorities 76 Part 4.6 — Business management and control Division 1 — Prohibited businesses and services 91A. Related entities for purposes of section 258 76 91B. Managed investment schemes — general 78 91BA. Managed investment schemes — litigation funding schemes 78 91C. Mortgages 79 91D. Financial institutions 79 Division 1A — Files about matters 91E. Opening and maintaining files 80 Division 2 — Registers 92. Authorising provision 80 93. Register of files opened 80 94. Register of safe custody documents 81 95. Register of financial interests 81 95A. How registers are to be maintained 82 Chapter 6 — External intervention Part 6.1 — Introduction 96. Authorising provision 84 Part 6.3 — Supervisors of trust money 97. Appointment of supervisor of trust money 84 98. Notice of appointment 85 Part 6.4 — Managers 99. Appointment of manager 86 100. Notice of appointment 86 Part 6.5 — Receivers 101. Appointment of receiver 87 102. Notice of appointment 88 Part 6.6 — General 103. Fees, legal costs and expenses 89 104. Reports by external intervener 89 105. Report to designated local regulatory authority on disciplinary matters 90 Chapter 8 — Regulatory authorities Part 8.2 — Legal Services Council 106. Authorising provision 91 107. Delegation of Legal Services Council's functions 91 Chapter 9 — Miscellaneous Part 9.3 — Legal Profession Registers 108. Authorising provision 92 109. Australian Legal Profession Register 92 Part 9.9 — General 110. Authorising provision 93 111. General provisions about appeal or review — constructive decision 93 111A. Indexation of amounts 93 Chapter 10 — Other provisions Part 1 — Provisions relating to Schedule 3 to the Uniform Law 112. Authorising provision 95 113. Non‑participant legal practitioner expecting to practise solely or principally in a participating jurisdiction — when exemption ceases 95 114. Non‑participant registered foreign lawyer expecting to practise solely or principally in a participating jurisdiction — when exemption ceases 95 Schedule 1 — Forms Notes Compilation table 101 Legal Profession Uniform Law Application Act 2022 Legal Profession Uniform General Rules 2015