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Legal Profession Act 2006
503Examinations for receivership
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503 Examinations for receivership
(1) On the application of a receiver for a law practice, the Supreme Court
may make an order directing that an associate or former associate of
the practice or any other person appear before the court for
examination on oath in relation to the regulated property of the
Note Oath includes affirmation (see Legislation Act, dict, pt 1).
(2) On an examination of a person under this section, the person must
answer all questions that the court allows to be put to the person.
Note The Criminal Code, s 722 provides an offence for failing to answer a
question.
(3) A person cannot rely on the common law privileges against
self-incrimination and exposure to the imposition of a civil penalty to
refuse to answer a question.
(4) However, any information, document or other thing obtained, directly
or indirectly, because of answering a question is not admissible
against the person in a civil or criminal proceeding, other than a
proceeding for—
(a) an offence in relation to the falsity or misleading nature of the
answer; or
(b) an offence against this Act.