Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 127

Incorporated legal practice subject to receivership under this Act and external administration under Corporations Act

    (1)     This section applies if a corporation that is or was an incorporated legal practice is the subject of both—

        (a)     the appointment of a chapter 5 receiver; and

        (b)     the appointment of a Corporations Act

administrator.

    (2)     The chapter 5 receiver is under a duty to tell the Corporations Act

administrator of the appointment of the chapter 5 receiver, whether the appointment precedes, follows or happens at the same time as the appointment of the Corporations Act

administrator.

    (3)     The chapter 5 receiver or the Corporations Act

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, except if proceedings mentioned in section 125 (External administration proceedings under Corporations Act

) have been started.

    (4)     The Supreme Court may make any orders it considers appropriate, and no liability attaches to the chapter 5 receiver or the Corporations Act

administrator for any act or omission done by the receiver or administrator honestly for the purpose of carrying out or acting in accordance with the orders.

    (5)     The law society council 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 corporation.

    (6)     The provisions of subsections (3) and (4) are declared to be Corporations legislation displacement provisions for the Corporations Act

, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws) in relation to the provisions of that Act, chapter 5.

Note     Subsection (6) ensures that that any provision of the Corporations Act

or the Australian Securities and Investment Commission Act 2001

(Cwlth) with which s (3) and (4) would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

    (7)     In this section:

chapter 5 receiver means a receiver appointed under chapter 5.

"Corporations Act administrator" means—

        (a)     a receiver, receiver and manager, liquidator (including a provisional liquidator), controller, administrator or deed administrator appointed under the Corporations Act

; or

        (b)     a person who is appointed to exercise powers under that Act and who is prescribed by regulation for this definition.



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