Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies if the Board determines to apply to the State Administrative Tribunal
for the appointment of a receiver for a law practice.
(2) The State
Administrative Tribunal may, on the application of the Board, appoint a person
as receiver for the law practice.
(3) The State
Administrative Tribunal may make the appointment whether or not the law
practice or a principal of the practice concerned has been notified of the
application and whether or not the practice or principal is a party to the
proceedings.
(4) The appointee must
be —
(a) an
Australian legal practitioner who holds an unrestricted practising
certificate; or
(b) a
person holding accounting qualifications with experience in law
practices’ trust accounts,
and may (but need not)
be an employee of the Board.
(5) The instrument of
appointment must —
(a)
identify the law practice and the receiver; and
(b)
indicate that the external intervention is by way of appointment of a
receiver; and
(c)
specify any conditions imposed by the State Administrative Tribunal when the
appointment is made; and
(d)
specify any fees payable by way of remuneration to the receiver specifically
for carrying out the receiver’s duties in relation to the external
intervention; and
(e)
provide for the legal costs and the expenses that may be incurred by the
receiver in relation to the external intervention.
(6) The instrument of
appointment may —
(a)
specify the term (if any) of the appointment; and
(b)
specify any reporting requirements to be observed by the receiver.