Appointment of manager
45 Appointment of manager
If the Society knows or suspects on reasonable grounds that—
a legal practitioner has died (or in the case of a company, has been dissolved or is being wound up); or
a legal practitioner is for any reason not attending properly, or unable to attend properly, to the affairs of his or her practice;
or
a legal practitioner has committed a serious irregularity in the course of practice, or a serious irregularity has occurred in the course of practice; or
a person has ceased to be a legal practitioner without making proper provision for winding up the affairs of his or her practice;
or
any other proper cause exists for the appointment of a manager under this section, the Society may, by resolution of the Council, appoint a legal practitioner as a manager in respect of the practice of the practitioner or former practitioner.
As soon as practicable after any such resolution has been passed, the Society must cause notice of the resolution to be served on—
the legal practitioner or former legal practitioner or his or her personal representative; and
any partner of the legal practitioner or former legal practitioner;
and
any other person authorised to operate the trust account of the legal practitioner; and
the auditor (if any) of the trust account maintained by the legal practitioner or former legal practitioner; and
the manager or other principal officer of the office or branch of the ADI at which the legal practitioner or former legal practitioner maintained the trust account.
A manager appointed under this section has full power—
to transact any urgent business of the legal practitioner or former legal practitioner; and
to dispose of trust money to persons entitled to the money, or in accordance with the Unclaimed Moneys
Act 1891, and to execute cheques or other instruments for the purpose; and
to pay to the Society any amounts that the Society is entitled to recover from the legal practitioner or former legal practitioner under section 48; and
with the approval of clients of the legal practitioner, or former legal practitioner, to transact any other business on their behalf;
and
to perform any other act relating to the practice of the legal practitioner or former legal practitioner that the manager may be authorised to perform by the Society.
A manager may take possession of any documents relating to the practice and for that purpose may enter any place or premises where the manager reasonably suspects any such documents to be, using such force as may be necessary to enter that place or those premises.
The Society may, at any time, revoke an appointment under this section.
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