Victorian Current Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 87A

Person not to act as approved clerk without approval

    (1)     A person who is not an approved clerk must not receive money on account of the legal costs of one or more barristers in advance of the provision of the legal services to which those costs relate.

    (2)     Subsection (1) does not apply in relation to—

        (a)     an ADI receiving trust money deposited into an approved clerk's general trust account in accordance with section 137 or 143(1) of the Legal Profession Uniform Law (Victoria) as applied in relation to approved clerks by section 89(1); or

        (b)     a law practice receiving trust money in accordance with section 150 of the Legal Profession Uniform Law (Victoria); or

        (c)     a supervisor of trust money of an approved clerk receiving trust money in accordance with section 331 of the Legal Profession Uniform Law (Victoria) as applied in relation to approved clerks by section 89(2A).

    (3)     Division 2 of Part 9.7 of the Legal Profession Uniform Law (Victoria) applies to a contravention of subsection (1).

    (4)     For the purposes of subsection (3)—

        (a)     subsection (1) is taken to be a civil penalty provision; and

        (b)     a contravention of subsection (1) is punishable by an amount not exceeding 100 penalty units.



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