Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) Where the court is satisfied—
(a) that there are reasonable grounds for believing that a failure to account (within the meaning of division 12.2) by a solicitor or solicitors practising in partnership has occurred or that an offence involving fraud or dishonesty has been committed in relation to trust moneys; or
(b) that a solicitor has failed or refused to comply with the requirement of an auditor, or a person appointed under section 110 (1), made under section 103 (1); or
(c) that through—
(i) the mental or physical incapacity of a solicitor; or
(ii) the death of a solicitor; or
(iv) a solicitor ceasing, for any other reason, to practise as a solicitor;
a person to whom trust moneys of the solicitor or of the partnership of which the solicitor is or was a member are payable is unable to obtain payment of the trust moneys or a person entitled to delivery of trust property of the solicitor or of the partnership of which the solicitor is or was a member is unable to obtain delivery of the trust property;
the court may by order appoint a person specified in the order to be receiver of the trust property of the solicitor or of the partnership.
(2) Where an unrestricted practising certificate issued to a solicitor has been cancelled or suspended, the court may, if it thinks the circumstances so warrant, by order appoint a person specified in the order to be receiver of the trust property of the solicitor or, if the solicitor carried on practice in partnership with other solicitors, of the partnership.
(3) Where the court makes an order under section 67 that the name of a solicitor be removed from the roll of legal practitioners or that the right of a solicitor to practise be suspended, the court may, if it thinks the circumstances so warrant, by order appoint a person specified in the order to be receiver of the trust property of the solicitor or, if the solicitor carried on practice in partnership with other solicitors, of the partnership.
(4) An application for an order under subsection (1), (2) or (3) shall not be made except by the law society.
(5) The court may give such directions as it thinks fit with respect to the person or persons on whom, and the manner in which, an application for an order under subsection (1) and a copy of an order made under subsection (1) or (3) are to be served.
(6) Nothing in this part prevents a person who is a manager within the meaning of part 14 of a solicitor's or partnership's practice from being appointed as a receiver of the solicitor's or partnership's trust property.