(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.