New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 343

343 Role of receivers

(1) The role of a receiver for a law practice is--

(a) to be the receiver of regulated property of the law practice; and

(b) to wind up and terminate the affairs of the law practice.

(2) For the purpose of winding up the affairs of the law practice and in the interests of the law practice's clients, the designated tribunal may, by order, authorise--

(a) the receiver to carry on the legal practice engaged in by the law practice, if the receiver is an Australian legal practitioner who holds an Australian practising certificate as a principal authorising the receipt of trust money; or

(b) an Australian legal practitioner who holds an Australian practising certificate as a principal authorising the receipt of trust money, or a law practice whose principals are or include one or more Australian legal practitioners who hold Australian practising certificates authorising the receipt of trust money, specified in the instrument to carry on the legal practice on behalf of the receiver.

(3) Subject to any directions given by the designated tribunal, the receiver, if authorised under subsection (2) to carry on the legal practice engaged in by a law practice, has all the powers and other functions of a manager under this Chapter and is taken to have been appointed as manager for the law practice.

(4) The designated tribunal may, by order, terminate an authorisation to carry on a legal practice granted under subsection (2).

(5) For the purpose of exercising his or her powers and other functions under this section, the receiver may exercise any or all of the following powers--

(a) to enter and remain on premises used by the law practice for or in connection with its engaging in legal practice;

(b) to require the law practice, an associate or former associate of the law practice or any other person who has or had control of client files and associated documents (including documents relating to trust money received by the law practice) to give the receiver--

(i) access to the files and documents the receiver reasonably requires; and

(ii) information relating to client matters the receiver reasonably requires;

(c) to operate equipment or facilities on the premises, or to require any person on the premises to operate equipment or facilities on the premises, for a purpose relevant to his or her appointment;

(d) to take possession of any relevant material and retain it for as long as may be necessary;

(e) to secure any relevant material found on the premises against interference, if the material cannot be conveniently removed;

(f) to take possession of any computer equipment or computer program reasonably required for a purpose relevant to his or her appointment.

(6) If the receiver takes anything from the premises, the receiver must issue a receipt in a form approved by the designated local regulatory authority and--

(a) if the occupier or a person apparently responsible to the occupier is present at or near the premises, give it to him or her; or

(b) otherwise, leave it at the premises in an envelope addressed to the occupier.

(7) If the receiver is refused access to the premises or the premises are unoccupied, the receiver may use whatever appropriate force is necessary to enter the premises and may be accompanied by a member of the police force to assist entry.