Client money : trust account management for Australian lawyers

Full Title
Copyright
Preface
Table of Cases
Table of Statutes
Table of Abbreviations
Table of Contents
	1. The Lawyer as Fiduciary and Trustee
		Introduction
		Legislation
		The legal context
		Which lawyers?
		The fiduciary status of barristers
		The fiduciary relationship between solicitor and client
		The solicitor as a trustee under the general law
	2. Client Money, Classification and Accounts
		Introduction
		Client money and the accounts
		The classification of trust money under the legal profession legislation
		Accounts to be held under the legal profession legislation
	3. Opening Accounts
		Introduction
		Opening a trust account
		Opening a controlled money account
		The infrastructure of regulation
	4. Recording
		The duty to keep accounts
		Supervision and principals\' joint responsibility
		Trust records
		Basic accounting procedures
		Debits and credits
		Errors
	5. Receiving and Depositing Money
		Forms of money received
		The processes when money is received
		Depositing money
		Accounting
	6. Paying Money
		Holding trust money
		When money can be paid out of the trust account
		Joint beneficiaries
		Form of payment
		Dealing in cleared funds
		Accounting
		Internal transfers
		Accounting for internal transfers
	7. Lawyers\' Accounts
		Introduction
		Lawyers\' costs and costs agreements
		Billing and recovery
		Costs assessments and review of costs agreements
		Trust account, controlled money and power money statements
		Paying bills from trust
		Request or notice of withdrawal from trust
		Bill rendered to the client
		Payment in accordance with a costs agreement
		Method of payment
		Ledger for the lawyer or an associate
		Discipline
	8. Interest on Lawyers\' Trust Accounts
		Introduction
		The statutory deposits scheme
		Drawing on the statutory deposit account
		Audit
		Accounting
	9. Reconciliations
		The duty to reconcile
		Trial balance
		Cashbook summary
		ADI charges
		ADI reconciliation
	10. Controlled Money and Investments
		Earning interest
		CMA
		Initiating deposits in CMAs
		Directions
		The processes when controlled money is received
		Depositing controlled money
		Jointly held CMAs
		How to deal with interest
		Withdrawing from a CMA
		Controlled money statement
		Investments
	11. Transit and Power Money
		Transit money
		Power money
	12. Regulation, Audit and Supervision
		Introduction
		Executive Government
		Principal regulators
		External examiners
		Professional reporting
		Closing a practice
	13. Civil Liability
		Overview
		Liability for another\'s breach of trust
		Liability of partners
		Compensation
		Account of profits
		Tribunal and regulator jurisdiction
		Accounts
		The appointment of a receiver
	14. Fidelity Funds
		The funds
		Entitlement
		Exclusions
		Limitations
		Postponements
		Making claims
	15. Criminal Responsibility
		Regulatory offences
		Stealing and theft
		Sentencing
	16. Professional Discipline
		Introduction
		Admission to the legal profession
		The right to practise and certification
		Complaints, applicants and tribunals
		Disciplinary charges
		Sanctions
Index