LEGAL PROFESSION ACT 2007 - SECT 138 Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation

LEGAL PROFESSION ACT 2007 - SECT 138

138 Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation

(1) This section applies if an incorporated legal practice is the subject of both—

(a) the appointment of a chapter 5 receiver; and

(b) the appointment of an external administrator.

(2) The chapter 5 receiver is under a duty to notify the external administrator of the appointment of the chapter 5 receiver, whether the appointment precedes, follows or is contemporaneous with the appointment of the external administrator.

(3) The chapter 5 receiver or the external administrator, or both of them jointly, may apply to the Supreme Court for the resolution of issues arising from or in connection with the dual appointments and their respective powers.

(4) The Supreme Court may make any orders it considers appropriate, and no liability attaches to the chapter 5 receiver or the external administrator for any act or omission done by the receiver or administrator in good faith for the purpose of carrying out or acting under the orders.

(5) Each ILP authority is entitled to intervene in the proceeding, unless the court decides that the proceeding does not concern or affect the provision of legal services by the incorporated legal practice.

(6) In this section—


"chapter 5 receiver" means a receiver appointed under section 512 .


"external administrator" means a person who is—

(a) appointed to exercise powers under an Act other than this Act, or under an Act of the Commonwealth or another jurisdiction; and

(b) prescribed under a regulation for this definition.