Legal Services Board
Barristers’ clerks
Most Australian legal practitioners who practice as barristers engage a clerk to receive and handle trust money and keep trust records on their behalf.
The Victorian Bar may approve a natural person to become an approved clerk, i.e. to receive trust money on account of legal costs of one or more barristers before the legal services to which they relate are provided. The approval must be in writing and notified to the Board as soon as practicable after it is given.
The Legal Profession Act 2004 (Vic) (“the Act”) prohibits a professional association from making as a condition of membership or eligibility for membership, that a barrister employ or engage as a clerk a person licensed or approved by that association or any other nominated person or body.
Fidelity Fund contributions
An approved clerk must pay by the due date a contribution required to be paid under section 6.7.29 of the Act. See also Fidelity Fund Contributions.
Directory of approved clerks
A directory of barristers’ clerks is located at the Victorian Bar website.
Receipt of trust money
The Act and its regulations contain detailed requirements in relation to trust money and the conduct of trust accounts. See further information about Managing your clients’ money.
Legal professional rules for the receipt and handling of trust money and the keeping of trust records by approved clerks may be made by the Victorian Bar in accordance with section 3.2.16 of the Act.