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You are not giving legal advice when you build documents on our website
You are a ‘mere scribe’ or completing an administration task. See:
- Attorney-General v Quill Wills Ltd (1990) 3 WAR 500
- Legal Practice Board v Computer Accounting and Tax Pty Ltd [2007] WASC 184
- Cornall v Nagle [1995] 2 VR 188 at 210
- Tax Agent Services Act 2009 (Cth)
- Sinclair v C of T [2010] AATA 902
- Andre Agassi v Robinson & Bar Council & Law Society [2005] EWCA 1507
The Tax Institute’s Estate & Business Succession Planning, 7th edition, states on page 9:
‘Work that is undertaken in association with the law or legal practice will not necessarily constitute engaging in legal practice. Examples include:
* clerical or administration tasks
* selling legal documents; and
* advising of incidental legal requirements by a person in the pursuit of an occupation other than law, eg tax agents advising on the requirements of tax legislation.’
What about a Financial Planner’s Dealer Group?
AFS licensees provide a list of ‘financial products’ you offer your clients. Our law firm’s online legal documents are not investment products.
Your practice can build legal documents online for clients. Each document comes with our letter confirming we authored the document.
Some dealer groups and accounting houses require that a lawyer speaks to your client. Just tick the box, as you build the document if you want this service. Our lawyers contact your client regarding the document.
Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 17/01/2024