Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A registered patent attorney appointed to carry on the practice of a former attorney may give a written notice requiring the former attorney to make available to the attorney so appointed:
(a) any information about the practice that he or she may reasonably require; or
(b) any books, accounts or other documents concerning the practice that he or she may reasonably require; or
(c) any moneys held by the former attorney:
(i) on behalf of a client; or
(ii) that have been paid by a client in respect of services not yet performed for the client.
(2) A former attorney who has been given a notice under subregulation (1) must not refuse to comply with a requirement in the notice.
(3) It is a defence to a prosecution for an offence against subregulation (2) if the former attorney is prevented or hindered from complying with a requirement in the notice by:
(a) a circumstance mentioned in Part 2.3 of the Criminal Code ; or
(b) any other circumstance that the Panel Chair of a relevant Panel of the Disciplinary Tribunal reasonably considers is an impediment to the defendant complying with the summons.
Note: A defendant bears an evidential burden in relation to the question of whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code ).