Western Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LEGAL PRACTICE ACT 2003 (NO. 64 OF 2003) - SECT 149

149 .         Restraint on bank accounts

        (1)         If a Judge, on the application of the Board, is satisfied —

            (a)         that there are reasonable grounds for believing —

                  (i)         that there is, or may be, a deficiency in a trust account of a legal practitioner; or

                  (ii)         that there has been undue delay on the part of a legal practitioner in properly paying or applying trust moneys to or on behalf of a person or persons for whose use or benefit they have been received;

                or

            (b)         that a legal practitioner is suspended from practising,

                the Judge may make an order directed to that legal practitioner and to the bankers of that legal practitioner and their respective employees, officers and agents restraining dealings in all of the bank accounts, or any specified bank accounts, of the legal practitioner.

        (2)         An order under subsection (1) may be made subject to such terms and conditions as the Judge thinks fit.

        (3)         A Judge may, on the application of the Board, the legal practitioner, or any person interested, by further order revoke or vary an order made under subsection (1).

        (4)         The legal practitioner and the bankers of that practitioner and their respective employees, officers and agents must give effect to an order made under this section according to its tenor.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback