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Legal Profession Act 2006
480Decision about external intervention
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480 Decision about external intervention
(1) This section applies if the relevant council becomes aware that 1 or
more of the circumstances mentioned in section 479 exist in relation
to a law practice and decides that external intervention is justified,
having regard to the interests of the clients of the practice and to other
matters that it considers appropriate.
(2) The relevant council may decide—
(a) for a law practice other than the law practice of a barrister—to
appoint a supervisor for the law practice, if the relevant council
is of the opinion—
(i) that external intervention is required because of issues
relating to the practice’s trust accounts; and
(ii) that it is not appropriate that the provision of legal services
by the practice be wound up and ended because of those
issues; or
(b) to appoint a manager for the law practice, if the relevant council
is of the opinion—
(i) that external intervention is required because of issues
relating to the practice’s trust records; or
(ii) that the appointment is necessary to protect the interests of
clients in relation to trust money or trust property; or
(iii) that, for this to happen, there is a need for an independent
person to be appointed to take over professional and
operational responsibility for the practice; or
(c) for a law practice other than the law practice of a barrister—to
apply to the Supreme Court under section 494 for the
appointment of a receiver for the law practice, if the relevant
council is of the opinion—
(i) that the appointment is necessary to protect the interests of
clients in relation to trust money or trust property; or
(ii) that it may be appropriate that the provision of legal
services by the practice be wound up and ended.
(3) The relevant council may, from time to time, make further decisions
in relation to the law practice and for that purpose may revoke a
previous decision with effect from a date or event stated by the
Initiation of external intervention Part 5.2
(4) If the relevant council decides to revoke a decision to apply to the
Supreme Court for the appointment of a receiver, the council must
apply to the court for the revocation of the appointment.
(5) A further decision may be made under subsection (3)—
(a) whether or not there has been any change in the circumstances
in consequence of which the original decision was made; and
(b) whether or not any further circumstances have come into
existence in relation to the law practice after the original
decision was made.
(6) An appointment of a supervisor or manager for a law practice may be
made in relation to the law practice generally or may be limited in
any way the relevant council considers appropriate, including, for
example, to matters in relation to a particular legal practitioner
associate or to matters in relation to a particular position or a
particular subject matter.
Note to pt 5.3
This part does not apply to the law practice of a barrister (see s 476).