Barrister’s trust money account – Fees in advance

15/10/2018

Bar standards

Clause 15 of the Legal Profession Uniform Law Application Regulation 2015 (the LPULAR) permits a barrister to receive and hold fees in advance in direct access matters only and subject to a number of restrictions. Further information relating to clause 15, including details of those restrictions, is available here.

The obligations associated with fees in advance in direct access matters apply whenever a barrister receives money before the work paid for is completed. This includes, for example: - Fees received in the days before an appearance, conference, or other work; - Fees received at the commencement of an appearance, conference or other work; and - Fees received in the course of a multi-day appearance, conference, or other work, to the extent that the fees are paid in full for the whole of the appearance, conference, or other work.

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.

If you have any further questions about clause 15 of the LPULAR, please contact the Bar Association’s Legal Officer, Angela Huang, on 9232 4055 or by email at pcd@nswbar.asn.au.