Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 484

Role of supervisor of trust money

    (1)     A supervisor for a law practice has the powers and duties of the practice in relation to trust money of the practice, including powers—

        (a)     to receive trust money entrusted to the practice; and

        (b)     to open and close trust accounts.

    (2)     For the purpose of exercising powers or duties under subsection (1), the supervisor may do any or all of the following:

        (a)     enter and remain on premises used by the law practice for or in relation to its engaging in legal practice;

        (b)     require the practice, an associate or former associate of the practice, or anyone else who has, or has had, control of documents relating to trust money received by the practice, to give the supervisor either or both of the following:

              (i)     access to the files and documents the supervisor reasonably requires;

              (ii)     information relating to the trust money the supervisor reasonably requires;

        (c)     operate equipment or facilities on the premises, or to require anyone on the premises to operate equipment or facilities on the premises, for a purpose relevant to the supervisor's appointment;

        (d)     take possession of any relevant material and keep it for as long as may be necessary;

        (e)     secure any relevant material found on the premises against interference, if the material cannot be conveniently removed;

        (f)     take possession of any computer equipment or computer program reasonably required for a purpose relevant to the supervisor's appointment.

    (3)     If the supervisor takes anything from the premises, the supervisor must issue a receipt for the thing and—

        (a)     if the occupier or a person apparently responsible to the occupier is present at or near the premises—give it to the occupier or person; or

        (b)     otherwise, leave it at the premises in an envelope addressed to the occupier.

Note     If a form is approved under the Court Procedures Act 2004

, s 8 for a receipt, the form must be used.

    (4)     If the supervisor is refused access to the premises or the premises are unoccupied, the supervisor may use whatever appropriate force is reasonable and necessary to enter the premises and may be accompanied by a police officer to assist entry.

    (5)     This section applies to trust money held by the practice before the supervisor is appointed, as well as to trust money received afterwards.

    (6)     The supervisor does not have a role in the management of the affairs of the law practice except as far as the affairs relate to a trust account of the practice.



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