Western Australian Numbered Acts

LEGAL PROFESSION ACT 2008 (NO. 21 OF 2008) - SECT 125

125 .         Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation

        (1)         In this section —

        “external administrator” means a person who is appointed to exercise powers under other legislation (whether or not legislation of this jurisdiction) and who is prescribed, or of a class prescribed, by the regulations for the purposes of this definition;

        “LP receiver” means a receiver appointed under Part 14 .

        (2)         This section applies if an incorporated legal practice is the subject of both —

            (a)         the appointment of an LP receiver; and

            (b)         the appointment of an external administrator.

        (3)         The LP receiver is under a duty to tell the external administrator of the appointment of the LP receiver, whether the appointment precedes, follows or happens at the same time as the appointment of the external administrator.

        (4)         The LP receiver or the external administrator (or both of them jointly) may apply to the Supreme Court for the resolution of issues arising from or in relation to the dual appointments and their respective powers.

        (5)         The Supreme Court may make any orders it considers appropriate, and no liability attaches to the LP receiver or the external administrator for any act or omission done by the receiver or administrator in good faith for the purposes of carrying out or acting in accordance with the orders.

        (6)         The Board is entitled to intervene in the proceeding, unless the court decides that the proceeding does not concern or affect the provision of legal services by the incorporated legal practice.