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Where am I now? Lawlink > Law Reform Commission > Publications > Report 44 (1984) - Fourth Report on the Legal Profession: Solicitors' Trust Accounts

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


Table of Contents

Terms of Reference and Participants
Preface
Legal Profession Inquiry Publications
Summary of recommendations

CHAPTER 1. THE LEGAL PROFESSION INQUIRY AND THIS REPORT
I. Introduction
II. The Scope of this Report
III. Our Methods of Inquiry

    A. General
    B. Solicitors' Trust Account
IV. Structure of This Report

CHAPTER 2. PRINCIPAL CAUSES FOR CONCERN
I. Introduction

    A. General (or Office) Accounts and Trust Accounts
    B. Solicitors' Fidelity Fund
    C. Interest on Solicitors' Trust Accounts
    D. Law Governing Solicitors’ Trust Accounts
II. General prevalence and Cost of Mishandling
III. Types of Mishandling
IV. Types of Work and of Practitioner

CHAPTER 3. EARLIER SUGGESTIONS FOR CHANGE
I. Introduction
II. Handling Trust Moneys

    A. Paying Money into Trust Accounts
    B. Withdrawing from Trust Accounts
III. Recording and Accounting for Trust Moneys
    A. Computerised Accounting
    B. Statements of Account
IV. Independent Scrutiny of Trust Accounts
    A. A Basic Issue
    B. Ancillary Issues
V. Investment of Clients' Moneys
    A. Introduction
    B. Nominee Companies
    C. Private Finance Companies
    D. Register of Investments
    E. Written Directions

CHAPTER 4. HANDLING TRUST MONEY: GENERAL
I. Introduction
II. Paying Money into Trust Accounts
    A. Introduction
    B. Money which Must be Paid into a Trust Account
    C. Money which May, but Need Not, be Paid into a Trust Account
    D. Money which Must Not be Paid into a Trust Account
III. Withdrawing Money From Trust Accounts
    A. Introduction
    B. Written Instructions
    C. Forms of Payment
    D. Garnishee Orders Solicitors

CHAPTER 5. HANDLING MONEY: ISSUES RELATING TO COSTS AND DISBURSEMENTS
I. Introduction
III. Present Position
    A. Payment into a Trust Account
    B. Withdrawal from a Trust Account
    C. Refusal to Withdraw from a Trust Account
III. Discussion
    A. Payment into a Trust Account
    B. Withdrawal from a Trust Account
    C. Refusal to Withdraw from a Trust Account
IV. Recommendations
    A. Introduction
    B. Payment into a Trust Account
    C. Withdrawal from a Trust Account
    D. Refusal to Withdraw from a Trust Account

CHAPTER 6. RECORDING AND ACCOUNTING FOR TRUST MONEY
I. Introduction
II. Opening Flies and Retaining Records
III. Computerised Trust Accounts
IV. Statements of Account to Clients
V. Trial Balances and Bank Reconciliation

CHAPTER 7. INDEPENDENT SCRUTINY: AN OUTLINE OF THE PRESENT POSITION
I. Introduction
II. Law Society Inspections and Investigations

    A. Inspections
    B. Investigations
III. Accountants Examinations

CHAPTER 8. INDEPENDENT SCRUTINY: LAW SOCIETY INSPECTIONS AND INVESTIGATIONS
I. Introduction
II. Merits of the Present System
III. Other Considerations
IV. Possibilities for Reform
V. Recommendations

CHAPTER 9. INDEPENDENT SCRUTINY: ACCOUNTANTS' EXAMINATIONS
I. Introduction
II. Should Examinations Have to be More Rigorous?

    A. Criticisms of the Present Examination
    B. The Nature and Scope of an Audit
    C. Audits and the Detection of Fraud
    D. Considerations of Cost
    E. Other Considerations
III. Some Possibilities For Reform
    A. Introduction
    B. An Audit Requirement
    C. Opinions on Matters of a General Nature
    D. Frequency of Examination
    E. Access to other Records and Files
    F. Specific Checks
IV. Recommendations

CHAPTER 10. INDEPENDENT SCRUTINY: OTHER ISSUES
I. Introduction
II. Specific Aspects of Examinations and Inspections

    A. Introduction
    B. Client Verification
    C. Other Specific Checks
III. Appointment, Qualifications and Other Issues Relating to Accountants
    A. Introduction
    B. Appointment and Removal
    C. Qualifications and Training
    D. Other Work for the Solicitor
    E. Delivery of Reports
IV. Duties to Disclose Reasonable Suspicions

CHAPTER 11. INVESTMENT OF CLIENTS' MONEY
I. Introduction
II. Borrowing from Clients
III. Instructions for Investments
IV. Registers and Summaries of Investments
V. Nominee Companies
VI. Private Finance Companies

APPENDIX I. TERMS OF REFERENCE

APPENDIX II. CURRENT SOLICITORS TRUST ACCOUNT REGULATIONS IN NEW SOUTH WALES

APPENDIX Ill. LAW SOCIETY'S PROPOSED SOLICITORS TRUST ACCOUNT REGULATIONS

APPENDIX IV. REGISTERS OF MORTGAGES, SECURITIES AND INVESTMENTS IN VICTORIA

APPENDIX V. QUEENSLAND PROVISIONS RELATING TO SUMMARIES AND REGISTERS OF INVESTMENTS

APPENDIX VI. VICTORIAN LICENSING SYSTEM FOR SOLICITORS' PRIVATE FINANCE COMPANIES

SELECT BIBLIOGRAPHY
INDEX



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