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Legal Profession Act 2006
125External administration proceedings under Corporations
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125 External administration proceedings under Corporations
Act
(1) This section applies to a proceeding in any court under the
Corporations Act, chapter 5 (External administration)—
(a) relating to a corporation that is a Chapter 5 body corporate under
that Act and is or was an incorporated legal practice; or
(b) relating to a corporation that is or was an incorporated legal
practice becoming a Chapter 5 body corporate under that Act.
(2) The law society council is entitled to intervene in the proceeding,
(3) In exercising its jurisdiction in the proceeding, the court may have
regard to the interests of the clients of the corporation who have been
or are to be provided with legal services by the corporation.
(4) Subsection (3) does not authorise the court to make any decision that
is contrary to a specific provision of the Corporations Act.
(5) The provisions of subsections (2) and (3) are declared to be
Corporations legislation displacement provisions for the
Corporations Act, section 5G (Avoiding direct inconsistency arising
between the Corporations legislation and State and Territory laws) in
relation to the provisions of that Act, chapter 5.
Note Subsection (5) ensures that that any provision of the Corporations Act or
with which s (2) and (3) would otherwise be inconsistent does not apply
to the extent necessary to avoid the inconsistency.