Trust money account – Fees in advance

01/04/2019

Bar standards

Any barrister who has, in the period 1 April 2018 to 31 March 2019, received fees in advance – that is, as described in the Legal Profession Uniform Law Application Regulation 2015 (the LPULAR), money on account of legal costs for legal services in advance of the provision by the barrister of the legal services – must appoint an External Examiner to carry out an examination of the clause 15 account for the period 1 April 2018 to 31 March 2019. Clause 15(2) of the LPULAR also requires that a copy of the External Examination report be provided to the Bar Council by no later than 7 June 2019. The External Examination report template for 2019 is available on the Bar Association’s website under the heading ‘Fees in Advance’ here.

It is essential that a barrister who receives fees in advance examines clause 15 of the LPULAR in detail. Links to the legislation can be found on the Bar Association website at the following link: https://www.nswbar.asn.au/coming-to-the-bar/uniform-law.

Barristers who have previously notified the Bar Association of the opening of a trust money account have been sent letters containing instructions on how to appoint an external examiner.

If you have any questions about the External Examination requirement for 2019, please contact Angela Huang from the Professional Conduct Department on (02) 9232 4055 or by email at pcd@nswbar.asn.au.