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Legal Profession Act 2006
127Incorporated legal practice subject to receivership under
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127 Incorporated legal practice subject to receivership under
this Act and external administration under Corporations
Act
(1) This section applies if a corporation that is or was an incorporated
legal practice is the subject of both—
(a) the appointment of a chapter 5 receiver; and
(b) the appointment of a Corporations Act administrator.
(2) The chapter 5 receiver is under a duty to tell the Corporations Act
administrator of the appointment of the chapter 5 receiver, whether
the appointment precedes, follows or happens at the same time as the
appointment of the Corporations Act administrator.
(3) The chapter 5 receiver or the Corporations Act administrator (or both
of them jointly) may apply to the Supreme Court for the resolution of
issues arising from or in relation to the dual appointments and their
respective powers, except if proceedings mentioned in section 125
(External administration proceedings under Corporations Act) have
been started.
(4) The Supreme Court may make any orders it considers appropriate,
and no liability attaches to the chapter 5 receiver or the Corporations
Act administrator for any act or omission done by the receiver or
administrator honestly for the purpose of carrying out or acting in
accordance with the orders.
(5) The law society council is entitled to intervene in the proceeding,
(6) The provisions of subsections (3) and (4) 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 (6) ensures that that any provision of the Corporations Act or
with which s (3) and (4) would otherwise be inconsistent does not apply
to the extent necessary to avoid the inconsistency.
chapter 5 receiver means a receiver appointed under chapter 5.
Corporations Act administrator means—
(a) a receiver, receiver and manager, liquidator (including a
provisional liquidator), controller, administrator or deed
administrator appointed under the Corporations Act; or
(b) a person who is appointed to exercise powers under that Act and
who is prescribed by regulation for this definition.