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Where am I now? Lawlink > Law Reform Commission > Publications > Index

Report 44 (1984) - Fourth Report on the Legal Profession: Solicitors' Trust Accounts

Index

How to purchase a copy of this report.

History of this Reference (Digest)

Outline of Report


This index indicates the recommendation numbers and paragraph numbers in the Report which refer to particular topics. Where recommendation numbers are indicated they refer to the numbered list of recommendations which appears at the beginning of the Report under the title Summary of Recommendations. The Index refers only to the text of the Report It does not refer to the material in the footnotes.

RecommendationParagraph
 
Accountants,   
appointment and removal,43-483.22,10.34-10.44
independence,513.22, 8.10, 9.9, 10.36, 10.38, 10.43, 10.55-10.60
qualifications training and seminars,49-503.22, 10.45-10.54
(see also Accountants' Examinations, Audits, Duties to Disclose Suspicions)
 
Accountants’ Examinations,   
generally,3.15-3.16, 3.18-3.19, 6.4, 7.16-7.22, 9.1-9.9, 9.22-9.77, 11.13, 11.19
confidentiality,9.3, 3-9.34
criticisms,9.4-9.9
delivery of reports,5210.62-10.66
general requirements to express opinions,32, 33, 34, 35, 39, 407.17-7.21, 9.67, 9.74-9.77, 10.35
powers of access to other material,353.23, 8.13, 9.6, 9.53-9.58, 9.64, 9.77
specific checks,393.16, 3.21, 9.59-9.60, 9.65, 10.21-10.31
unannounced visits,343.21, 9.48-9.52, 9.76, 10.39
(see also Accountants, Audits, Audit Program and Circulars, Client Verification, Defalcations, Duties to Disclose Suspicions, Inspections, Legal Professional Privilege)
 
Accounting Research Centre (University of Sydney)  1.12, 6.29, 9.5, 9.8, 9.19, 9.23-9.28, 9.44, 9.45, 9.49, 9.54, 10.6, 10.8, 11.19
 
Attorney-General 221.1, 1.2, 2.5, 2.7, 6.15, 6.23, 7.3, 7.10
 
Auditor General 22, 401.11, 6.24, 9.4, 9.20, 9.63, 10.30, 10.58, 11.16
 
Audit Program and Circulars 28, 408.24, 10.21, 10.26, 10.27, 10.30-10.31, 10.49, 10.53
 
Audits   
generally,3.16, 3.18, 7.16, 9.2, 9.4, 9.38-9.41, 9.65-9.77
costs,9.22-9.32, 9.68-9.69
detection of fraud,309.16-9.21, 9.72
frequency,293.20, 9.48-9.52, 9.71
nature and scope,9.10-9.15
requirements,30-359.42-9.47, 9.65-9.66, 9.72-9.76
(see also Accountants, Accountants’ Examinations, Auditor General, Audit Program and Circulars, Statement of Auditing Standards, Statements of Auditing Practice)
 
Australian Capital Territory  9.38, 9.65, 10.73
 
Australian Society of Accountants 22, 31, 40, 501.11, 4.18, 6.24, 6.30, 8.17, 8.18, 9.7, 9.12, 9.21, 9.27, 9.53, 9.57, 9.64, 9.73, 10.21, 10.7, 10.30, 10.48, 10.51, 10.58, 10.63, 11.50
 
Bank Reconciliations 392.22, 6.34, 10.29, 10.39
 
Banks   
(see Bank Reconciliations, Deposit of Trust Money in a Bank Account, Duties to Disclose Suspicions, Payment into Trust Accounts, Investment of Clients Money)
 
Bills of Costs and Disbursements   
generally,11, 12, 13, 14, 16 5.2-5.4, 5.8-5.10, 5.16, 5.19-5.23, 5.28-5.42, 5.46-5.48, 5.49-5.51, 9.32
taxation of,16, 185.20, 5.28, 5.32-5.39, 5.42, 5.51, 5.53
 
Borrowing Money from Clients 39, 562.22-2.23, 9.30, 10.29, 11.4-11.11
(see also Defalcations, Nominee Companies, Private Finance Companies)
 
Capacity in which Money is Received  
(see Receipt of Money)
 
Cheques   
(see Duties to Disclose Suspicions, Payment into Trust Accounts, Withdrawal from Trust Accounts)
 
Client Authorisation   
(see Instructions from Clients)
 
Client Confirmation   
(see Client Verification)
 
Client Verification   
generally, 10.2-10.3, 10.7-10.20
by accountants,36, 373.24, 10.3, 10.6, 10.11-10.13, 10.16, 10.17-10.19
by inspectors,3810.3-10.5, 10.12-10.13, 10.16, 10.20
 
Company Directors 1, 6111.28, 11.34, 11.35
 
Computerised Trust Accounts, 21, 223.12-3.13, 6.12, 6.24
 
Control or Clearing Account,   
(see Costs and disbursements)
 
Conveyancing 392.22, 9.30, 10.29, 11.14
(see also Defalcations)
 
Coopers and Lybrand  1.11, 1.12, 9.6, 9.44, 9.53, 10.9
 
Corporate Affairs Commission 6211.53-11.54, 11.60, 11.62
 
Costs and Disbursements   
generally,2.28, 4.41, 5.1, 5.43-5.45, 10.24-10.25, 10.27, 10.29
payment into a trust account,11, 12, 133.6-3.9, 4.43, 5.2-5.4, 5.15-5.24, 5.46-5.48
refusal to withdraw money from a trust account,185.12-5.14, 5.40-5.42, 5.53
withdrawal of money from a trust account,14, 15, 16, 175.5-5.11, 5.25-5.39, 5.49-5.52
(see also Accountants' Examinations, Liens, Payment into Trust Accounts, Withdrawal from a Trust Account)
 
Dawson Committee, 9.17, 10.12, 10.26, 10.49, 10.57, 11.51-11.55
 
Defalcations and Mishandling of Trust Money,   
generally,302.9, 4.19, 4.32-4.34, 4.42, 5.35, 6.9, 7.7, 7.22 ,8.7, 9.30-9.31, 9.62, 9.68, 11.2, 11.8, 11.30, 11.43, 11.57
detection by accountants and inspectors,7.7-7.8, 7.22, 8.6, 8.20-8.22, 9.62
incidence,2.10-2.20, 7.8, 7.1, 8.6, 8.9
practitioners and types of work,2.24-2.28
types of mishandling,2.21-2.23, 7.13
(see also Audits, Solicitors’ Fidelity Fund)
 
Deloitte Haskins and Sells  6.16
(see also Yarwood Vane and Co.)
 
Deposit of Trust Money into a Bank Account,44.18-4.20
 
Direct Payments Register,6, 7, 11, 20, 394.28, 4.36-4.39, 5.24, 5.43, 6.1, 6.11, 9.58, 10.24, 10.29
(see also Trust Account Records)
 
Disciplinary Action and/or Criminal Proceedings, 2.16, 2.23, 2.25, 7.3, 7.7, 7.14, 7.21, 9.57, 9.77, 10.79, 11.2, 11.48
 
Duties to Disclose Suspicions,  
accountants,34, 53, 559.76, 10.69, 10.71, 10.73, 10.76-10.77
banks,54, 5510.69, 10.74-10.78
solicitors,53, 5510.67-10.68, 10.70, 10.72, 10.75, 10.76-10.77
 
England, 4.26, 4.30, 4.31, 4.33, 4.43, 4.69, 5.16, 5.22, 5.30, 8.15, 9.42, 9.56, 9.65, 10.25, 10.41
 
Estates, Administration of 392.22, 10.29
 
Fidelity Fund,  
(see Solicitors' Fidelity Fund)
 
Files,19, 20, 353.23, 6.3-6.11
(see also Audits Inspections)
 
Garnishment, 4.51, 4.67-4.73
 
Handling Trust Moneys  
(see Payment into Trust Accounts Receipt of Money Withdrawal from Trust Accounts)
 
Independent Scrutiny, 1.4, 1.15, 3.15-3.24, 4.25, 4.32-4.36, 6.17, 6.33, 7.1-7.22, 8.1-8.25, 9.1-9.77, 10.1-10.79
(see also Accountants, Accountants’ Examinations, Audits, Inspections, Investigations)
 
Inspections,  
generally,3.17, 6.4, 7.2-7.9, 8.1-8.25, 10.23, 11.13, 11.19
accountants' examinations and,8-8-8.22, 9.35
cost,7.19, 8.9, 8.21-8.22
inspectors,3.19, 7.4, 7.9, 8.2-8.6, 8.7, 8.9, 8.11, 8.22, 8.23
nature of,26, 40, 427.5, 8.3, 8.8, 8.15-8.16, 8.19, 10.22, 10.28, 10.32
number and frequency,263.19, 7.5, 7.7, 8.3, 8.14, 8.23, 9.50
sole practices of,268.16, 8.25
(see also Client Verification, Investigations)
 
Inspectors,  
(see Inspections)
 
Institute of Chartered Accountants, 22, 31, 40, 501.11, 4.18, 6.24, 6.30, 8.17, 8.18, 9.7, 9.12, 9.19, 9.21, 9.27, 9.53, 9.57, 9.64, 9.73, 10.21, 10.27, 10.30, 10.48, 10.49, 10.51, 10.58, 10.63, 11.50
 
Instructions from Clients,
generally,112.22, 4.28-4.31, 6.4
costs and disbursements,11, 14, 153.6, 3.11, 5.5, 5.6, 5.10, 5.18-5.19, 5.25-5.39
investment of trust money,572.23, 3.28, 3.37, 4.47-4.60, 11.12-11.17
to pay other than into a trust account,5, 114.10, 4.33, 4.35, 5.16-5.18, 5.46
 
Investigation of Trust Accounts,272.21, 7.10-7.15
(see also Inspections)
 
Investment of Clients' Money,56-621.15, 2.22-2.27, 3.25-3.28, 11.1-11.62
(see also Borrowing from Clients, Instructions from Clients, Nominee Companies, Private Finance Companies, Securities and Investments Register, Statements of Accounts, Summary of Securities and Investments)
 
Joint Legislation Review Committee,  
(see Australian Society of Accountants, Institute of Chartered Accountants)
 
Law Society of New South Wales,  
generally,1.6-1.7, 1.11, 3.9
accountants,43-4810.34, 10.44, 10.54, 10.59
  (see also Accountants)
audit program and circulars,4010.30
  (see also Audit Program and Circulars)
borrowing from clients,5611.5-11.6
  (see also Borrowing from Clients)
capacity in which money is received,14.11
  (see also Receipt of Money)
computerised trust accounts,21, 223.13, 6.22-6.24
  (see also Computerised Trust Accounts)
delivery of reports,5210.66
  (see also Accountants' Examinations)
disclosure of irregularities,34, 53-559.76, 10.77-10.79
  (see also Duties to Disclose Suspicions)
inspection system,268.23, 8.25
  (see also Inspections)
money received outside New South Wales,34.17
  (see also Receipt of Money)
private finance companies,6211.62
  (see also Private Finance Companies)
(see also Accountants' Examinations, Client Verification, Costs and Disbursements, Defalcations, Disciplinary Actions and/or Criminal Proceedings, Handling Trust Money, Instructions from Clients, Investigations, Investment of Clients’ Money, Liens, Professional Indemnity Insurance, Solicitors’ Fidelity Fund, Statutory Interest Account and the "Statutory Deposit”, Trust Account Records)
 
Legal Professional Privilege,359.57, 9.77
 
Legal Profession Inquiry, 1.5-1.10, Appendix I
 
Liens,  
general,185.13-5.14, 5.41-5.43, 5.49, 5.53
particular,185.12, 5.25, 5.30, 5.40, 5.49, 5.53
 
Mortgages,  
(see Borrowing from Clients, Investment of Clients' Money, Nominee Companies, Private Finance Companies)
 
Nominee Companies,613.26-3.31, 9.58, 11.27-11.36, 11.45
(see also Company Directors)
 
Payment into Trust Accounts,  
generally,3.3-3.9, 4.3
money which may but need not be paid in,5-74.21-4.39
money which must be paid in,1-44.4-4.20
money which must not be paid in,84.26, 4.40-4.50
(see also Costs and Disbursements, Deposit of Trust Money in Bank Account, Defalcations, Direct Payments Register, Instructions from Clients)
 
New Zealand, 2.19, 2.20, 4.2, 6.8, 6.29, 9.38, 9.48, 9.65, 10.12, 10.26, 10.50
 
Ontario, 4.2, 4.3, 4.31, 4.33, 4.43, 4.44, 4.64, 4.69, 5.16, 5.22, 5.31, 9.65, 10.72
 
Payment of Trust Money,  
(see Payment into Trust Accounts Withdrawal from Trust Accounts)
 
"Pimp Rule",  
(see Duties to Disclose Suspicions)
 
Private Finance Companies,623.26-3.28, 3.32-3.34, 9.30, 9.58, 11.37-11.62, Appendix VI
 
Professional Indemnity,  
Insurance,2.15, 4.5, 4.8, 4.11, 11.2
(see also Company Directors)
 
Queensland, 2.19, 4.2, 4.43, 4.57, 4.64, 4.71, 5.28, 5.32, 5.38, 6.29, 8.14, 9.24, 9.31, 9.38, 9.43, 9.47, 9.56, 9.59, 9.64, 9.68, 10.25, 10.40, 10.71, 10.74, 11.9, 11.14, 11.20
 
Receipt of Money,  
capacity in which money is received,2.26, 3.3, 3.5, 4.5-4.11
trust money received outside NSW,34.12-4.17
(see also Costs and Disbursements, Payment into Trust Accounts)
 
Retention of Records,  
(see Trust Account Records)
 
Securities,  
(see Investment of Clients’ Money)
 
Securities and Investments,  
Register,58, 59, 603.28, 3.35-3.36, 6.11, 11.18-11.26, Appendix IV, Appendix V
(see also Summary of Securities and Investments)
 
Sole Practitioners,262.24, 2.25, 2.27, 9.51
(see also Defalcations Inspections)
 
Solicitors' Fidelity Fund, 1.4, 2.4, 2.10-2.20, 4.5, 4.8, 4.11, 4.24, 4.54, 5.35, 8.9, 8.12, 9.30, 9.51, 9.68, 11.2, 11.29, 11.36, 11.45
 
Solicitors' Liens,  
(see Liens)
 
Solicitors' Statutory Committee,  
(see Disciplinary Action and/or Criminal Proceedings)
 
South Australia, 4.28, 4.30, 4.31, 4.36, 4.37, 4.39, 4.64, 5.31, 6.8, 9.31, 9.38, 9.43, 9.47, 9.56, 9.65, 10.26, 10.40, 10.74, 11.21
 
Statement of Auditing Standards,313.14, 6.25-6.33, 10.39
 
Statements of Account,23, 24, 399.5, 9.12-9.14, 9.18, 9.38, 9.73
 
Statements of Auditing Practice,319.5, 9.12-9.14, 9.38, 9.73
 
Statutory Interest Account and the "Statutory Deposit”, 1.4, 2.5-2.7, 2.22, 7.21, 11.2
 
Summary of Securities and Investments,6011.18, 11.20, 11.26, Appendix IV, Appendix V
 
"Surprise Visits",  
(see Accountants' Examinations)
 
Tasmania, 4.2, 9.31, 9.42, 9.48, 9.59, 9.65, 10.11, 10.25, 10.40, 11.33, 11.49, 11.55, 11.61
 
Taxation of Costs and Disbursements,  
(see Bills of Costs and Disbursements)
 
Trust Account Records,  
generally,28, 32, 392.3, 2.22, 5.43, 6.1-6.34, 7.5, 9.51
retention of,206.3, 6.7-6.9, 6.11, 9.53, 11.18
(see also Accountants' Examinations, Audits, Computerised Trust Accounts, Direct Payments Register, Securities and Investments Register, Statements of Account)
 
Trust Money,  
(see Costs and Disbursements, Deposit of Trust Money in a Bank Account, Handling Trust Money, Investment of Clients' Money)
 
Victoria, 2.19, 4.2, 4.31, 4.37, 4.39, 5.31, 6.6, 8.15, 9.17, 9.21, 9.31, 9.38, 9.41, 9.43, 9.46, 9.48, 9.59, 9.65, 9.68, 10.12, 10.25, 10.41, 10.49, 10.57, 10.62, 11.9, 11.15, 11.20, 11.32, 11.49-11.55, 11.60-11.62
(see also Dawson Committee)
 
Western Australia, 2.19, 9.31, 10.74
 
Withdrawal from Trust Accounts,  
generally,3.10-3.11, 4.51-4.73
forms of payment,104.62-4.66
incorrect withdrawals,84.49
instructions from clients,94.52-4.61
(see also Costs and Disbursements, Garnishment)
 
Yarwood Vane and Co., 1.12, 2.21-2.28, 3.4, 9.53
(see also Deloitte Haskins and Sells)



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