New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 358

358 Right of appeal or review about appointment of external intervener

(1) An aggrieved person may, in accordance with applicable jurisdictional legislation, appeal to the designated tribunal against, or seek a review by that tribunal of, the appointment in this jurisdiction of an external intervener for a law practice.

(2) An
"aggrieved person" is--

(a) the law practice; or

(b) an associate of the law practice; or

(c) any person authorised to operate a trust account of the law practice; or

(d) a client of the law practice whose interests may be adversely affected by the appointment; or

(e) any other person whose interests may be adversely affected by the appointment.

(3) The appeal or application for review is to be lodged within 7 days after notice of the appointment is served on--

(a) the person who proposes to appeal or seek review; or

(b) the law practice, if a notice is not required to be served on the person who proposes to appeal or seek review.

(4) The designated tribunal may by order do any one or more of the following--

(a) confirm the appointment;

(b) set aside the appointment;

(c) impose or vary any conditions of the appointment;

(d) make any other orders it thinks fit.

(5) The appointment of an external intervener is not stayed by the making of an appeal or an application for review, and the external intervener may accordingly continue to exercise his or her powers and other functions as external intervener during the currency of the appeal or review except to the extent (if any) that the designated tribunal otherwise directs.

(6) To avoid doubt, this section has effect subject to section 325.