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Appointing an external examiner
What is an external examiner?
An external examiner (EE) is a person who is qualified to be appointed to examine the records of the law practice or approved barristers’ clerk.
Who can be an EE?
The criteria that a person must meet before they may qualify to be appointed as an EE are specified in sections 155 – 156 of the Legal Profession Uniform Law (Victoria) and Rule 65 of the Legal Profession Uniform General Rules 2015. An EE must complete the Legal Services Council approved External Examiners trust course conducted by the Law Institute of Victoria as part of these qualification requirements.
Appointing an EE
If a law practice or approved clerk holds a trust account, the law practice or approved clerk must appoint an EE to examine the records of that trust account annually.
A law practice or approved clerk must notify the Board of the appointment of their EE using Form: External Examiners (see below) within one month after first receiving trust money (other than transit money).
Please note that it is the responsibility of the law practice or approved clerk, not the EE, to lodge the above form with the Board.
A list of EEs qualified to examine the records of a law practice or barristers’ clerk is available for download, see below. This list Register is updated monthly.
Termination of an EE
A law practice or an approved clerk may terminate the appointment of an EE with the prior approval of the Board. The Board may give approval if satisfied that it is reasonable in the circumstances for the practice or clerk to terminate the appointment. The Board may require the law practice or approved clerk to supply any evidence to satisfy the Board as to those circumstances. A law practice or an approved clerk must notify the Board of the termination of an EE within 7 days after the termination, using Form Trust 3.
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