341Appointment of receiver

341 Appointment of receiver

341 Appointment of receiver

(1) This section applies if the designated local regulatory authority determines to initiate action for the appointment of a receiver for a law practice.

(2) The designated tribunal may, on the application of the designated local regulatory authority, appoint a person as receiver for a law practice.

(3) The designated tribunal may make the appointment whether or not the law practice or a principal of the practice concerned has been notified of the application and whether or not the practice or principal is a party to the proceedings.

(4) Before commencing to hear an application for appointment of a receiver, the designated tribunal must order from the precincts of the tribunal any person who is not—

(a) an officer of the tribunal; or

(b) a party, an officer or employee of a party, a legal representative of a party, or a clerk of a legal representative of a party; or

(c) a principal of the law practice concerned; or

(d) a person who is about to or is in the course of giving evidence; or

(e) a person permitted by the tribunal to be present in the interests of justice.

(5) The appointee must be—

(a) an Australian legal practitioner who holds an Australian practising certificate as a principal authorising the receipt of trust money; or

(b) a person holding accounting qualifications with experience in law practices’ trust accounts—

and may (but need not) be a member of the staff of the designated local regulatory authority.

(6) Notice of the appointment must be given in accordance with the Uniform Rules.