Circumstances warranting external intervention
571 Circumstances warranting external intervention
External intervention may take place in relation to a law practice in any of the following circumstances:
where a legal practitioner associate involved in the practice:
has died; or
ceases to be an Australian legal practitioner; or
has become an insolvent under administration; or
is in the custody of the Commissioner of Correctional Services;
(b) in the case of a firm – where the partnership has been wound up or dissolved;
(c) in the case of an incorporated legal practice – where the corporation concerned:
ceases to be an incorporated legal practice; or
is being or has been wound up; or
has been deregistered or dissolved;
(d) in any case – where the Law Society forms a belief on reasonable grounds that the practice or an associate of the practice:
(i) is not dealing adequately with trust money or trust property or is not properly attending to the affairs of the practice; or
(ii) has committed a serious irregularity, or a serious irregularity has occurred, in relation to trust money or trust property or the affairs of the practice; or
(iii) has failed properly to account in a timely manner to any person for trust money or trust property received by the practice for or on behalf of that person; or
(iv) has failed properly to make a payment of trust money or a transfer of trust property when required to do so by a person entitled to that money or property or entitled to give a direction for payment or transfer; or
(v) is in breach of the regulations or legal profession rules with the result that the record-keeping for the practice's trust account is inadequate; or
(vi) has been or is likely to be convicted of an offence relating to trust money or trust property; or
(vii) is the subject of a complaint relating to trust money or trust property received by the practice; or
(viii) has failed to comply with any requirement of an investigator or external examiner appointed under this Act; or
(ix) has ceased to be engaged in legal practice without making provision for properly dealing with trust money or trust property received by the practice or for properly winding-up the affairs of the practice;
where any other proper cause exists in relation to the practice.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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