Legal Profession Act 2006

(1) Money that is entrusted to or held by a law practice for or in connection with the following is not trust money for this Act:

(a) a financial service provided by the practice or an associate of the practice in circumstances where the practice or associate is required to hold an Australian financial services licence covering the provision of the service (whether or not such a licence is held at any relevant time);

(b) a financial service provided by the practice or an associate of the practice in circumstances where the practice or associate provides the service as a representative of another person who carries on a financial services business (whether or not the practice or associate is an authorised representative at any relevant time).

(2) Without limiting subsection (1), money that is entrusted to or held by a law practice for or in connection with a managed investment scheme, or mortgage financing, undertaken by the practice is not trust money for this Act.

(3) Without limiting subsections (1) and (2), money that is entrusted to or held by a law practice for investment purposes, whether on its own account or as agent, is not trust money for this Act, unless:

(ii) primarily in connection with the provision of legal services to or at the direction of the client; and

(ii) for the ancillary purpose of maintaining or enhancing the value of the money or property pending completion of the matter or further stages of the matter or pending payment or delivery of the money or property to or at the direction of the client.

Australian financial services licence, see Chapter 7 of the Corporations Act.

authorised representative, see Chapter 7 of the Corporations Act.

financial service, see Chapter 7 of the Corporations Act.

financial services business, see Chapter 7 of the Corporations Act.