Western Australian Numbered Acts Western Australian Numbered Acts (1) The role of a
receiver for a law practice is —
(a) to
be the receiver of regulated property of the practice; and
(b) to
wind-up and terminate the affairs of the practice.
(2) For the purpose of
winding-up the affairs of the law practice and in the interests of the
practice’s clients, the State Administrative 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
unrestricted practising certificate; or
(b) an
Australian legal practitioner who holds an unrestricted practising
certificate, or a law practice whose principals are or include one or more
Australian legal practitioners who hold unrestricted practising certificates,
specified in the instrument to carry on the legal practice on behalf of the
receiver.
(3) Subject to any
directions given by the State Administrative Tribunal, the person authorised
to carry on the legal practice engaged in by a law practice has all the powers
of a manager under this Part and is taken to have been appointed as manager
for the law practice.
(4) The State
Administrative Tribunal may, by order, terminate an authorisation to carry on
a legal practice granted under this section.
(5) For the purposes
of exercising the receiver’s powers 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 practice, an associate or former associate of the 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 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 the receiver’s 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 conveniently be removed;
(f) to
take possession of any computer equipment or computer program reasonably
required for a purpose relevant to the receiver’s appointment.
(6) If the receiver
takes anything from the premises, the receiver must issue a receipt in the
approved form 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.