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LEGAL PROFESSION ACT 2007 - SECT 515 Role of receiver

LEGAL PROFESSION ACT 2007 - SECT 515

Role of receiver

515 Role of receiver

(1) The role of a receiver for a law practice is—
(a) to be the receiver of regulated property of the law 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 may, in a law society approved form, 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, as stated in the approved form, to carry on the legal practice on behalf of the receiver.
(3) Subject to a direction given by the law society and stated in the approved form, the person authorised to carry on a legal practice has all the powers of a manager under this chapter and is taken to have been appointed as the manager for the law practice.
(4) The law society may, by written notice to the receiver, terminate an authorisation to carry on a legal practice granted under this section.
(5) For the purpose of exercising a power mentioned in this section, the receiver may do 1, more than 1 or all of the following—
(a) enter and remain on premises used by the law practice for or in connection with its engaging in legal practice;
(b) require the practice, an associate or former associate of the practice or any other person who has or 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 require any person on the premises to operate equipment or facilities on the premises, for a purpose relevant to the appointment as receiver;
(d) take possession of relevant material and retain it for as long as the receiver considers is necessary;
(e) secure relevant material found on the premises against interference, if the material can not be conveniently removed;
(f) take possession of any computer equipment or computer program reasonably required for a purpose relevant to the appointment as receiver.
(6) If the receiver takes a thing from the premises, the receiver must issue a receipt in the law society approved form and—
(a) if the occupier or a person apparently responsible to the occupier is present at or near the premises, give the receipt to the occupier or person; or
(b) otherwise, leave it at the premises in an envelope addressed to the occupier.
(7) If the receiver is refused access to the premises or the premises are unoccupied, the receiver may use whatever appropriate force is necessary to enter the premises.