South Australian Current Acts South Australian Current Acts (1) If the Society
knows or suspects on reasonable grounds that—
(a) a
legal practitioner has died (or in the case of a company, has been dissolved
or is being wound up); or
(b) a
legal practitioner is for any reason not attending properly, or unable to
attend properly, to the affairs of his or her practice; or
(c) 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
(d) a
person has ceased to be a legal practitioner without making proper provision
for winding up the affairs of his or her practice; or
(e) 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.
(2) As soon as
practicable after any such resolution has been passed, the Society must cause
notice of the resolution to be served on—
(a) the
legal practitioner or former legal practitioner or his or her personal
representative; and
(b) any
partner of the legal practitioner or former legal practitioner; and
(ba) any
other person authorised to operate the trust account of the legal
practitioner; and
(c) the
auditor (if any) of the trust account maintained by the legal practitioner or
former legal practitioner; and
(d) 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.
(3) A manager
appointed under this section has full power—
(a) to
transact any urgent business of the legal practitioner or former
legal practitioner; and
(ab) 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
(ac) 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
(b) with
the approval of clients of the legal practitioner, or former
legal practitioner, to transact any other business on their behalf; and
(c) 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.
(4) 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.
(5) The Society may,
at any time, revoke an appointment under this section.