LEGAL PROFESSION ACT 2006 - SECT 497 Role of receiver
LEGAL PROFESSION ACT 2006 - SECT 497
Role of receiver(1) The role of a receiver for a law practice is—
(a) to be the receiver of regulated property of the practice; and
(b) to wind up and terminate the affairs of the practice.
(2) For the purpose of winding up the affairs of the law practice and in the interests of the practice's clients, the law society council may, in writing, authorise—
(a) the receiver to carry on the legal practice engaged in by the law practice, if the receiver is an Australian legal practitioner who holds an unrestricted practising certificate; or
(b) an Australian legal practitioner who holds an unrestricted practising certificate, or a law practice whose principals are or include 1 or more Australian legal practitioners who hold unrestricted practising certificates, stated in the authorisation to carry on the legal practice on behalf of the receiver.
(3) Subject to any written directions given by the law society council, the person authorised to carry on the legal practice engaged in by a law practice has all the powers of a manager under this chapter and is taken have been appointed as manager for the law practice.
(4) The law society council may end an authorisation to carry on a law practice granted under this section.
(5) For the purpose of exercising powers under subsection (1), the receiver may do any or all of the following:
(a) enter and remain on premises used by the law practice for or in relation to its engaging in legal practice;
(b) require the practice, an associate or former associate of the practice, or anyone else who has, or has had, control of client files and associated documents (including documents relating to trust money received by the practice), to give the receiver—
(i) access to the files and documents the receiver reasonably requires; and
(ii) information relating to client matters the receiver reasonably requires;
(c) operate equipment or facilities on the premises, or to require anyone on the premises to operate equipment or facilities on the premises, for a purpose relevant to the receiver's appointment;
(d) take possession of any relevant material and keep it for as long as may be necessary;
(e) secure any relevant material found on the premises against interference, if the material cannot be conveniently removed;
(f) take possession of any computer equipment or computer program reasonably required for a purpose relevant to the receiver's appointment.
(6) If the receiver takes anything from the premises, the receiver must issue a receipt for the thing and—
(a) if the occupier or a person apparently responsible to the occupier is present at or near the premises—give it to the occupier or person; or
(b) otherwise, leave it at the premises in an envelope addressed to the occupier.
Note If a form is approved by the law society council under s 587 for this provision, the form must be used.
(7) If the receiver is refused access to the premises or the premises are unoccupied, the receiver may use whatever appropriate force is reasonable and necessary to enter the premises and may be accompanied by a police officer to assist entry.