Western Australia
Legal Contribution Trust Act 1967
Legal Contribution Trust Regulations 1968
Reprint 2: The regulations as at 16 January 2004
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as
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at 16 January 2004
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Western Australia
Legal Contribution Trust Regulations 1968
1.Citation1
2.Interpretation1
3.Prescribed percentage1
4.Practitioners may select any factual balance or sum of balances2
5.Deposits to the credit of the Trust2
7.Procedure to be followed by branches of banks2
8.Withdrawals against letters of credit to be notified3
9.Occasions of application of moneys in Trust Interest Account3
9A.Prescribed bodies3
10.Claims against Guarantee Fund3
11.Payment of claims3
12.Notices calling for claims4
13.Offences4
Schedule 15
Forms5
Schedule 2 — Prescribed bodies8
Notes
Compilation table10
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Reprinted under the Reprints Act 1984 as
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at 16 January 2004
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Western Australia
Legal Contribution Trust Act 1967
Legal Contribution Trust Regulations 1968
1.Citation
These regulations may be cited as the Legal Contribution Trust Regulations 1968 1.
2.Interpretation
In these regulations, unless a contrary intention appears, —
“Act” means the Legal Contribution Trust Act 1967;
“Form” means a form in Schedule 1.
3.Prescribed percentage
For the purposes of the Act, the prescribed percentage of the lowest balance of a practitioner’s trust account or, where he maintains more than one, the prescribed percentage of the lowest sum of the balances of a practitioner’s trust accounts is such percentage as will yield the greatest amount being a multiple of $100 that is less than 65% of that lowest balance or of that lowest sum.
4.Practitioners may select any factual balance or sum of balances
Nothing in these regulations imposes on a practitioner the duty of ascertaining the lowest balance of his trust account or, where he maintains more than one, the lowest sum of the balances of his trust accounts; but, for the purposes of the Act, he shall ascertain and select a factual balance or a factual sum of the balances, as the case may require, from that account or those accounts.
5.Deposits to the credit of the Trust
A practitioner who is required by the provisions of section 11 of the Act to deposit moneys to the credit of the Trust shall, as the occasion may require, deposit with the branch, or with each of the branches, of the bank in which he maintains a trust account such amount or amounts, being a multiple or multiples of $100, as will satisfy the provisions of that section.
[6.Revoked in Gazette 6 Dec 1974 p. 5217.]
7.Procedure to be followed by branches of banks
Every bank shall cause each of its branches to which a deposit is, or deposits are, made by a practitioner, pursuant to regulation 5, to deal with the amount of the deposit, or deposits, in accordance with such arrangement as may have been entered into by the bank with the Trust; and the bank shall, thereupon, issue to the practitioner a letter of credit or, as the practitioner may require, letters of credit drawn on the branch in the amount of the deposit or deposits.
8.Withdrawals against letters of credit to be notified
Where a practitioner makes a withdrawal against a letter of credit issued pursuant to regulation 7 he shall forthwith thereafter send to the Trust notice in writing of that event, advising the date thereof and of the amount so withdrawn.
9.Occasions of application of moneys in Trust Interest Account
Moneys accruing to the credit of the Trust Interest Account shall be applied for the purposes of section 14 of the Act, on such occasions, and as often, as the Minister and the Trust may agree.
9A.Prescribed bodies
The bodies listed in Schedule 2 are prescribed for the purposes of section 14(3)(c)(iv).
10.Claims against Guarantee Fund
(1)Claims for the payment of compensation from the Guarantee Fund shall be made by statutory declaration, in accordance with Form 2.
(2)The Trust may refuse to consider a claim not made in accordance with subregulation (1) or until such time as the claimant has afforded such further information as the Trust may require.
11.Payment of claims
The Trust may, having regard to the provisions of section 26 of the Act and to the state of the Guarantee Fund, satisfy a claim against that fund by such periodical payments as it thinks fit to make.
12.Notices calling for claims
For the purposes of section 21 of the Act, a notice by the Trust calling for claims against the Guarantee Fund may be in accordance with Form 3.
13.Offences
Every person who fails to comply with any provision of these regulations and every practitioner who knowingly furnishes a certificate that is false in any material particular commits an offence.
Penalty: $100.
Schedule 1
Forms
[Form 1 deleted in Gazette 6 Dec 1974 p. 5217.]
Form 2
[Reg. 10]
Western Australia
Legal Contribution Trust Act 1967
Contribution Trust Regulations 1968
STATUTORY DECLARATION
I (1) of (2)
do solemnly and sincerely declare that —
1.On or about the 20 , the amount of
dollars cents ($ ) was entrusted to (3) of (4) Legal Practitioner(s) by (5) for (6) ............................................................................................................. ......................................................................................................................
2.The said (7) has not paid over and has not accounted for the amount of dollars
cents ($ ) being [part of*] the above amount.
3.I applied to the said
(7) for the last mentioned amount [or an account thereof*] on the (8) ..........................
......................................................................................................................
......................................................................................................................
without effect.
4. I have received no moneys or benefit in satisfaction of the said
amount of $ and I have exhausted every other remedy that is available to me against the said
(7) and against such other persons who may be liable in respect of the loss suffered by me.
5. I verily believe I am entitled to claim the said
amount of $ from the Solicitors’ Guarantee Fund established under the Legal Contribution Trust Act 1967.
And I make this solemn declaration by virtue of section 106 of the Evidence Act 1906.
........................................................... (9)
DECLARED at this day of
20 , before me.
.......................................................... (10)
J.P. (or as the case may be).
*Delete whichever is inapplicable. (1) Full name. (2) Full residential address. (3) Insert name of practitioner or firm of practitioners. (4) Address of practitioner or firm. (5) Insert “me this declarant”, or the name of the person or company by whom the payment was made. (6) Insert here the purpose for which the moneys were paid to the practitioner(s). (7) Insert “practitioner” or “firm” as the case requires. (8) Insert here the dates on which application(s) was (were) made for payment or account. (9) Signature of declarant. (10) Signature of person before whom declaration is made (see: Declarations and Attestations Act 1913, as amended by Acts Nos. 22 of 1953, 11 of 1962 and 46 of 1972).
Form 3
[Reg. 12]
Western Australia
Legal Contribution Trust Act 1967
Contribution Trust Regulations 1968
NOTICE CALLING FOR CLAIMS
Persons having a claim to which Part IV of the Legal Contribution Trust Act 1967, relates in respect of ......................................... of ................................. in the State of Western Australia, Legal Practitioner(s) are required by the Legal Contribution Trust established under that Act to submit their claims to it, in the manner prescribed by the Contribution Trust Regulations 1968, so as to reach the Trust at ............................................................................................... not later than ............................................................................. after which date all claims against the abovementioned ...................................................................................
are barred, unless the Trust in its absolute discretion determines otherwise.
By the Trust,
.................................................
Chairman.
Schedule 2 — Prescribed bodies
[r. 9A]
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Peak organisations
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Federation of Community Legal Centres (
Western Australia
) Incorporated
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Community legal centres
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Albany Community Legal Centre Inc
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Armadale Information and Referral Service Inc
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Boogurlarri Community House Association Inc
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Bunbury Community Legal Centre Incorporated
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Citizens Advice Bureau of
Western Australia
Incorporated
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City of
Fremantle
(trading as Community Legal & Advocacy Centre)
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Consumer Credit Legal Service (WA) Inc
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Environmental Defender’s Office (WA) Inc
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Geraldton Resource Centre
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Goldfields Community Legal Centre Incorporated
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Gosnells Community Legal Centre (Inc)
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Kimberley Community Legal Services Inc
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Lockridge Community Group
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Mental Health Law Centre (WA) Inc
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North Perth Migrant Resource Centre Inc
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Northern Suburbs Community Legal Centre Inc
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Parkway Legal Advice Centre
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People With Disabilities (WA) Inc
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Pilbara Community Legal Service
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Rural Community Legal Service (Inc)
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Southern Communities Advocacy, Legal and Education Service Inc
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Sussex Street Community Law Service Inc
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Tenants Advice Service (Inc)
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TLC Emergency Welfare Foundation (WA) Inc (trading as Welfare Rights & Advocacy Service (WA))
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Women’s Legal Services Inc (WA)
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Women’s Refuges Multicultural Service Incorporated
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Youth Legal Service (Inc)
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