Trust Account Irregularity Reporting

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Trust account deficiencies or irregularities must be reported as soon as practicable — submit report here.

Reporting irregularities (or suspected irregularities) in relation to trust money is a mandatory requirement and with the obligation established in s154 of the Legal Profession Uniform Law (NSW) (Uniform Law).
 
All trust money irregularities and suspected irregularities — must be reported to the Law Society as soon as practicable, regardless of the monetary value involved.

What does a deficiency or irregularity include?

  • Errors or deficiencies in trust accounts or trust ledgers.
  • Intermixing of trust money with other money.
  • Unauthorised withdrawals or failure to obtain proper authorisation.
  • Fraud, cyber-crime, or receipt of trust money from unknown or unexpected sources.
  • Any other irregularity involving the receipt, recording, or disbursement of trust money.

How do I report an irregularity?

All trust account deficiencies or irregularities must be reported as soon as practicable via the online reporting form — submit report here.

What happens after I report an irregularity?

The Trust Accounts Department will acknowledge receipt and request clarification or additional action as appropriate. In some instances, a formal investigation may commence into how and why the error occurred.

What happens if I don’t report an irregularity?

A failure to report a trust account irregularity is conduct that may amount to unsatisfactory professional conduct or professional misconduct (s466(6) of the Uniform Law) and is also a civil penalty offence.