Spin Baby Spin wonders about the $67K cheque
This deposit has ALWAYS bothered me and I just keep coming back to it.
The current legislation that deals with trust accounts can be found here: http://www.liv.asn.au/PDF/Practising/Professional-Standards/Acts/2005LegalProfessionRegulations.aspx
Prior to 2005 similar legislation dealing with trust accounts would have existed. I submit it would be pretty much the same in regards to trust account receipts, but perhaps legal eagles would care to provide a link to the legislation that was in effect in 1993.
hat is strange about the conveyance file that Blewitt received is that it does not contain a copy of the official trust account receipt. Only a copy of the ledger. I’m happy to be corrected on this though!
Blewitt (or if we're being exact here, the Workplace Reform Association Inc), was entitled to receive an official trust account receipt under law.
Have a look at section in 3.3.9 of the regulations that deal with how money is to be receipted, in particular these two clauses:
(d) the name of the person from whom the money was received;
(e) details clearly identifying the name of the client in respect of whom the money was received and the matter description and matter reference;
What this clearly sets out is that sometimes the name of the client IS NOT the same as the name of the person (or in this case entity) from whom the money was received. Quite often I’d get money from Mr X on behalf of Mr and Mrs X for their conveyance. The trust account receipt was always specific that Mr X paid for Mr AND MRS X’s purchase.
I repeat: the person paying the money is regularly NOT the client.
So on the documents, Slater and Gordon have not complied with the Act in two respects:
1. They have not issued an official trust account receipt. (I comment that it is not on file, nor was a copy sent to the client or the Workplace Reform Association Inc according to the documents.)
2. According to their ledger, they have issued a receipt that money was received from Blewitt rather than the Workplace Reform Association Inc. I comment that that was in contravention to the Act dealing with Trust Accounts.
Perhaps this explains why an official receipt has not been issued? Perhaps Ralph would care to be of assistance again and ask Slater and Gordon for a copy of the official receipt issued for $67,722.30, seeing as he is entitled to one as the depositor according to the Trust Account Statement.