Most Victorian 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 providing the related legal services. The approval must be in writing and notified to the Victorian Legal Services Board as soon as practicable after it is given.
Fidelity Fund contributions
An approved clerk must pay by the due date a contribution required to be paid under section 128 of the Legal Profession Uniform Law Application Act 2014. 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 the Legal Profession Uniform General Rules 2015 contain detailed requirements in relation to trust money and the conduct of trust accounts. See Managing client money for further information about trust responsibilities.
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 90 of the Act. See the Victorian Government Gazette Special Gazette Number S179 (29 June 2015) for details.