ACTIn ForceAct
Legal Profession Act 2006
497Role of receiver
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497 Role of receiver
(1) The role of a receiver for a law practice is—
(a) to be the receiver of regulated property of the 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 council may, in
writing, 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, stated in the authorisation to
carry on the legal practice on behalf of the receiver.
(3) Subject to any written directions given by the law society council, the
person authorised to carry on the legal practice engaged in by a law
practice has all the powers of a manager under this chapter and is
taken have been appointed as manager for the law practice.
(4) The law society council may end an authorisation to carry on a law
practice granted under this section.
(5) For the purpose of exercising powers under subsection (1), the
receiver may do any or all of the following:
practice, or anyone else who has, or has 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
premises, for a purpose relevant to the receiver’s appointment;
receiver’s appointment.
(6) If the receiver takes anything from the premises, the receiver must
issue a receipt for the thing and—
Note If a form is approved by the law society council under s 587 for this
provision, the form must be used.
(7) If the receiver is refused access to the premises or the premises are
unoccupied, the receiver may use whatever appropriate force is