Legal Profession > Practice Management > Frequently asked questions
Frequently asked questions
The approved forms for PMC notifications are:
The above forms are available on the Board’s website.
I am already the principal of a law practice. Do I need to complete the PMC?
No. Practitioners acting in the capacity of a principal, other than a restricted practitioner, immediately before 1 July 2016 will not have the PMC condition imposed, unless it is subsequently imposed by the Board or the Legal Profession Complaints Committee as a remedial sanction.
This includes Barristers practising solely in the manner of a Barrister and who have a local practising certificate imposed with the ‘Barrister only’ condition.
There is no need to complete an LPB Form 11. The Board’s records should have already identified you as a principal.
I am starting my own practice after 1 July 2016. Do I need to complete the PMC?
Unless you are already practising as a principal, yes. The PMC condition comes into force on and from 1 July 2016. All practitioners holding an unrestricted practising certificate will not be able to practise as a principal until the PMC condition has been removed.
You will need to complete LPB Form 11 and LPB Form 12.
I am not going to operate a trust account. Do I need to do the PMC to practise as a principal?
Yes, unless you can satisfy the Board that you have the skills or experience to practise as the principal of a law practice. You will need to complete LPB Form 11 and LPB Form 12.
I want to start my own practice and act as a principal, but I cannot do the PMC course for another 6 months?
You can seek a variation to the PMC condition to enable you to commence as a principal and complete the PMC within a specified time frame. You will need to complete LPB Form 11 and LPB Form 13:
I was the principal of a law practice in another state. Do I need to do the PMC?
Possibly not. The Board may be satisfied that you have the skills or experience to practise as the principal of a law practice if you held a practising certificate in another jurisdiction allowing you to practise as a principal.
You will need to complete LPB Form 11 and LPB Form 12.
I did a PMC course interstate. Do I need to do a PMC course approved by the Board?
Possibly not. The Board may be satisfied that you have the skills or experience to practise as the principal of a law practice if you have successfully completed a qualification that the Board considers is at least equivalent to an approved PMC.
You will need to complete LPB Form 11 and LPB Form 12.
I have other qualifications and experience that enable me to run a practice. Do I need to complete the PMC?
Possibly not. The Board may be satisfied that you have the skills or experience to practise as the principal of a law practice if you have prior learning experience that, in the opinion of the Board, demonstrates that you are suitable to practise as the principal of a law practice.
You will need to complete LPB Form 11 and LPB Form 12.
I am going to commence practising solely as a Barrister. Do I need to complete the PMC?
You may complete an approved PMC. However, practitioners practising solely as a Barrister can seek a variation to the PMC condition if:
- The practitioner holds a local practising certificate imposed with the “Barrister only” condition; and
- The practitioner has successfully completed a course in respect of practise as a Barrister that has been approved by the WA Bar Association; or
- The practitioner has given the Board a written undertaking that the practitioner will complete a Bar Readers Course within the period of 2 years or a further period allowed by the Board; or
- The Board is satisfied that the practitioner should not be required to undertake a Bar Readers Course because the practitioner has the skills or experience to practise as a barrister.
You will need to complete LPB Form11 and LPB Form 13.
Can I do the PMC even if I do not intend to practise as a principal?
Yes. Further, when you first complete the PMC you will be credited with having fulfilled the full 10 point CPD requirement for the CPD year.
Once I have completed the PMC, do I have to do it again?
No, not unless the Board imposes specific conditions on your practising certificate that you complete all or part of the PMC.
Do all partners of my firm have to complete the PMC?
All partners, principals, commencing will need to complete the PMC to have the PMC condition removed.
Do I have to pay a fee to submit the approved forms LPB Form 11, 12 or 13?
No.
I am a restricted practitioner. Can I do the PMC?
Yes. However, the Board will consider if you have the skills or experience to practise as a principal once you notify the Board you wish to practise as a principal. That is, if you completed the PMC now, and then relied upon that course to become a principal some years later, your request to have the PMC condition revoked would be subject to Board approval. The Board would then take into account the period of time since you completed the PMC, your experience and whether you are a fit and proper person.
Who is providing the PMC?
There will be a list of approved providers published on the Board’s website. All questions in regard to the cost of the PMC and schedule of courses should be forwarded to the approved providers directly.
Currently there is one approved PMC provider – the College of Law (WA). Details of the curriculum and programs of the PMC can be obtained by requesting a course brochure from the College, or by contacting Michael Cole on Tel: 9214 0202.
I have been granted a variation to the PMC condition, but I have not been able to complete an approved practice management course. Will I be granted an extension of time to complete an approved practice management course?
Variations are granted to enable a practitioner to commence as a principal immediately if the practitioner has been unable to successfully complete an approved practice management course prior to commencing as a principal.
The variation is a subjective assessment of the ability of the practitioner to complete an approved course before commencing as a principal.
It is expected that before making the application, a practitioner will have enrolled in a course.
If, for reasons beyond a practitioner’s control, a practitioner is unable to complete a course, an extension may be granted. However, to satisfy the Board that a practitioner’s intentions are to complete a course in addition to proof of enrolment in a course, the Board will also require a written and signed undertaking to that effect. The purpose of the practice management course requirement is to ensure a practitioner practising as a principal meets the educational requirements to ensure the practitioner has the skills to establish, operate and manage a successful practice.
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