LEGAL PROFESSION ACT 2006 - SECT 480 Decision about external intervention

LEGAL PROFESSION ACT 2006 - SECT 480

    (1)     This section applies if the relevant council becomes aware that 1 or more of the circumstances mentioned in section 479 exist in relation to a law practice and decides that external intervention is justified, having regard to the interests of the clients of the practice and to other matters that it considers appropriate.

    (2)     The relevant council may decide—

        (a)     for a law practice other than the law practice of a barrister—to appoint a supervisor for the law practice, if the relevant council is of the opinion—

              (i)     that external intervention is required because of issues relating to the practice's trust accounts; and

              (ii)     that it is not appropriate that the provision of legal services by the practice be wound up and ended because of those issues; or

        (b)     to appoint a manager for the law practice, if the relevant council is of the opinion—

              (i)     that external intervention is required because of issues relating to the practice's trust records; or

              (ii)     that the appointment is necessary to protect the interests of clients in relation to trust money or trust property; or

              (iii)     that, for this to happen, there is a need for an independent person to be appointed to take over professional and operational responsibility for the practice; or

        (c)     for a law practice other than the law practice of a barrister—to apply to the Supreme Court under section 494 for the appointment of a receiver for the law practice, if the relevant council is of the opinion—

              (i)     that the appointment is necessary to protect the interests of clients in relation to trust money or trust property; or

              (ii)     that it may be appropriate that the provision of legal services by the practice be wound up and ended.

    (3)     The relevant council may, from time to time, make further decisions in relation to the law practice and for that purpose may revoke a previous decision with effect from a date or event stated by the council.

    (4)     If the relevant council decides to revoke a decision to apply to the Supreme Court for the appointment of a receiver, the council must apply to the court for the revocation of the appointment.

    (5)     A further decision may be made under subsection (3)—

        (a)     whether or not there has been any change in the circumstances in consequence of which the original decision was made; and

        (b)     whether or not any further circumstances have come into existence in relation to the law practice after the original decision was made.

    (6)     An appointment of a supervisor or manager for a law practice may be made in relation to the law practice generally or may be limited in any way the relevant council considers appropriate, including, for example, to matters in relation to a particular legal practitioner associate or to matters in relation to a particular position or a particular subject matter.

Note to pt 5.3

This part does not apply to the law practice of a barrister (see s 476).