Western Australian Repealed Regulations

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This legislation has been repealed.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


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