When to notify the Bar Council

20/08/2015

The Uniform Law legislation requires a barrister to notify the Bar Council of certain matters:

• becoming bankrupt

• being served with notice of a creditor’s petition

• presentation of a debtor’s petition

• other bankruptcy-related events [set out in the definition of ‘bankruptcy-related event’ in section 6 of the Legal Profession Uniform Law (NSW)]

• being charged with a serious offence [that is, an indictable offence – section 6 of the Legal Profession Uniform Law (NSW)]
• being charged with a tax offence
• being convicted of a serious offence or a tax offence [conviction includes a finding of guilt or the acceptance of a guilty plea – section 6 of the Legal Profession Uniform Law (NSW)]
• being convicted of certain summary offences [see Legal Profession Uniform General Rules rule 15]
• change of practice address or other contact details [see Legal Profession Uniform Law Application Regulation 2015 clause 61]

In each case notice is required to be given to the Bar Council in writing within seven days of the event.

In addition a barrister who opens a trust money account for the purpose of receiving fees in advance is required to notify the Bar Association of certain particulars of the account within 14 days of opening the account [see Legal Profession Uniform Law Application Regulation 2015 clause 15].

Most of the notification requirements are similar to requirements under the previous legislation, but there are some changes.

If you have any questions regarding notifications, the Bar Association’s Professional Conduct officers can discuss these matters with you, over the phone or at a face to face meeting. Please contact the officers on 9232 4055.

For any enquiries relating to trust money accounts and change of practice address/ contact details please contact the Bar Association’s certification officer certification@nswbar.asn.au or ph 9232 4055.