External examiners

Introduction

These guidelines are designed to assist External Examiners engaged by law practices in Western Australia to examine trust money records and accounts for the examination period from 1 April 2023 to 31 March 2024.

What is the due date of the External Examiners Report?

The External Examiners Report (EER), including the Law Practice Confirmation – PART A and the Statement of Trust Money – PART B, must be lodged with the Board by 31 May 2024.

An EER should be lodged to the Review and Audit Team by email to enquiries@lpbwa.com

Please include the expression “EER” and the law practice name in the subject line of the email.

What is the purpose of the EER?

The purpose of the EER is to:

1. confirm that the information submitted in the law practice’s Part B is correct
2. confirm that appropriate, prompt action was taken in any instance of overdrawing trust money
3. confirm the trust records for the various types of trust money have been properly kept in accordance with the provisions of the LPUL and the LPUGR
4. detail any observed breaches of theLegal Profession Uniform Law (WA) (LPUL) and the Legal Profession Uniform General Rules (LPUGR).

How should I prepare an EER?

An External Examiner’s Checklist has been developed to guide you through the examination of the various forms of trust records and to assist in the assessment of compliance with the legislation. If used this checklist should be retained with your work papers.

You should retain a copy of your working papers, including any completed checklists, supporting documentation, copies of reconciliations etc. which will be subject to periodic reviews by the Board.

Not enough information to form an opinion

The EER must be submitted to the Board by 31 May 2024 to ensure that any matters identified can be addressed within the current financial year.

If you are unable to receive sufficient information to form an opinion, submit an adverse/qualified EER, setting out the attempts undertaken and any other relevant information to assist the Board conclude on whether the accounting records have been maintained in accordance with the LPUL and LPUGR.

Where can I go for further information?

If you have any queries, please contact the Review and Audit Team at the Legal Practice Board:
Telephone: 6211 3600
Email: enquiries@lpbwa.com
Website: www.lpbwa.org.au

Forms

Notification of Appointment or Termination of External Examiner (PDF form)

External Examiners Check List (WA) (form – word doc)

External Examiners Report  (form – word doc)

Law Practice Confirmation Part A (form – word doc)

Law Practice Statement of Trust Money Part B (form – word doc)

Current external examiners list