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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 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.
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