LEGAL PROFESSION ACT 1987 - SECT 92 Supreme Court may appoint receiver

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 92

92 Supreme Court may appoint receiver

(1) The Supreme Court may, on the application of the Law Society, appoint a receiver of all or any property of a solicitor if it is satisfied:

(a) that an opinion of the Law Society Council referred to in subsection (2) was formed in relation to the solicitor on reasonable grounds, or

(b) that an action of the Law Society Council referred to in subsection (3) was taken in relation to the solicitor on reasonable grounds within the period of 12 months that preceded the application, or

(c) that the solicitor's practising certificate has been suspended,

and may make the appointment whether or not the solicitor has been notified of the application or is a party to the proceedings.

(2) An opinion of the Law Society Council in relation to a solicitor is an opinion for the purposes of subsection (1) (a) if it is:

(a) an opinion that there has, or may have been, a failure to account by the solicitor, or

(b) an opinion that a person is unable to obtain payment or delivery of property of the solicitor because the solicitor:

(i) is mentally or physically infirm,

(ii) is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with his or her creditors or has made an assignment of his or her remuneration for their benefit,

(iii) is in prison,

(iv) has died,

(v) has abandoned his or her practice as a solicitor,

(vi) has had his or her name removed from the roll of solicitors otherwise than at his or her own request, or

(vii) has ceased to hold a practising certificate.

(3) An action of the Law Society Council in relation to a solicitor is an action for the purposes of subsection (1) (b) if it is:

(a) a refusal to issue a practising certificate to the solicitor,

(b) the cancellation of the solicitor's practising certificate, or

(b1) a request for the regulatory authority of another State or a Territory to refuse to issue an interstate practising certificate to a solicitor who is an interstate legal practitioner or to cancel the solicitor's interstate practising certificate, or

(c) a decision to make a complaint against the solicitor under Part 10.

(4) A receiver is not, in the exercise of his or her functions as receiver, a personal representative of a deceased solicitor.

(5) If, on application by a receiver, the Supreme Court is satisfied that all or any of the property of an associate of a solicitor should be declared to be receivable property, the Court may appoint the receiver to be the receiver of all or any of that property.

(6) Nothing in this Part prevents a manager of a solicitor's practice from being appointed as a receiver of the solicitor's property.

(7) In this section, "failure to account" has the same meaning as in section 79A, except that:

(a) section 79A (2) (a) is to be read as if there occurred after the words "has been convicted" the words ", or is likely to be convicted,", and

(b) section 79A (2) (b) is to be read as if there occurred after the words "has found to be" the words ", or is likely to find to be,".