1 August 2024

This is a notice published by the Legal Contribution Trust under section 235 of the Legal Profession Uniform Law (‘Uniform Law’). The Legal Contribution Trust invites any person alleging a default by the law practice known as ‘Ginbey & Co’ to lodge a claim against the Solicitors’ Guarantee Fund. Further information about defaults is set out below.

The law practice of Ginbey & Co was conducted at 12 Douro Place, West Perth WA 6005. Its principal was Howard John Ginbey.

If you wish to make a claim, please use the approved form, which you can obtain by writing to the Legal Contribution Trust at Level 4, 160 St Georges Terrace Perth WA 6000 or emailing lct@lawsocietywa.asn.au.

Completed claim forms must be received at the Legal Contribution Trust by 29 November 2024. A claim cannot be made after 29 November 2024, unless the Legal Contribution Trust or the Supreme Court allows further time.

 

Default under the Uniform Law

Under the Uniform Law, a default occurs where:

1. the law practice received trust money or trust property in the course of legal practice by the law practice; and

2. (a) the law practice has failed to pay or deliver the trust money or trust property, and that failure arises from an act or omission of an associate that involves fraud or other dishonesty; or
   (b) there has been a fraudulent dealing with trust property arising from or constituted by an act or omission of an associate that involves fraud or other dishonesty.

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​An ‘associate’ of a law practice includes a partner, solicitor, employee or agent of the practice. Fidelity cover relating to financial services or investments is restricted (see rule 85 of the Legal Profession Uniform General Rules 2015).