QLDIn ForceAct
Legal Profession Act 2007
sec.138Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation
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### sec.138 Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation
This section applies if an incorporated legal practice is the subject of both—
the appointment of a chapter 5 receiver; and
the appointment of an external administrator.
The chapter 5 receiver is under a duty to notify the external administrator of the appointment of the chapter 5 receiver, whether the appointment precedes, follows or is contemporaneous with the appointment of the external administrator.
The chapter 5 receiver or the external administrator, or both of them jointly, may apply to the Supreme Court for the resolution of issues arising from or in connection with the dual appointments and their respective powers.
The Supreme Court may make any orders it considers appropriate, and no liability attaches to the chapter 5 receiver or the external administrator for any act or omission done by the receiver or administrator in good faith for the purpose of carrying out or acting under the orders.
Each ILP authority is entitled to intervene in the proceeding, unless the court decides that the proceeding does not concern or affect the provision of legal services by the incorporated legal practice.
In this section—
chapter 5 receiver means a receiver appointed under section 512 .
external administrator means a person who is—
appointed to exercise powers under an Act other than this Act, or under an Act of the Commonwealth or another jurisdiction; and
prescribed under a regulation for this definition.
(sec.138-ssec.1) This section applies if an incorporated legal practice is the subject of both— the appointment of a chapter 5 receiver; and the appointment of an external administrator.
(sec.138-ssec.2) The chapter 5 receiver is under a duty to notify the external administrator of the appointment of the chapter 5 receiver, whether the appointment precedes, follows or is contemporaneous with the appointment of the external administrator.
(sec.138-ssec.3) The chapter 5 receiver or the external administrator, or both of them jointly, may apply to the Supreme Court for the resolution of issues arising from or in connection with the dual appointments and their respective powers.
(sec.138-ssec.4) The Supreme Court may make any orders it considers appropriate, and no liability attaches to the chapter 5 receiver or the external administrator for any act or omission done by the receiver or administrator in good faith for the purpose of carrying out or acting under the orders.
(sec.138-ssec.5) Each ILP authority is entitled to intervene in the proceeding, unless the court decides that the proceeding does not concern or affect the provision of legal services by the incorporated legal practice.
(sec.138-ssec.6) In this section— chapter 5 receiver means a receiver appointed under section 512 . external administrator means a person who is— appointed to exercise powers under an Act other than this Act, or under an Act of the Commonwealth or another jurisdiction; and prescribed under a regulation for this definition.
- (a) the appointment of a chapter 5 receiver; and
- (b) the appointment of an external administrator.
- (a) appointed to exercise powers under an Act other than this Act, or under an Act of the Commonwealth or another jurisdiction; and
- (b) prescribed under a regulation for this definition.