A law practice must provided to the person (the entitled beneficiary, the client) a written request for payment or a notice of withdrawal.
The Regulation requires a law practice to give or send the Request/Notice to the person.
The Society's interpretation of s58(3)(b) Legal Profession Regulation 2007 is that the Request/Notice is provided in the normal course, eg. Hand delivered to client, posted to the client and is beyond the recall of the law practice. It should be noted that s58(3)(b) only applies when a law practice is withdrawing funds:
1. in accordance with a costs agrreements;
2. in accordance with instructions received by the law practice that authorise the withdrawal (eg. Trust account authority); and
3. that is owed to the law practice by way of reimbursement of money alreadt paid by the law practice on behalf of the person.
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