AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 523

Circumstances warranting external intervention

External intervention may take place in relation to a law practice in any of the following circumstances:
(a) where a legal practitioner associate involved in the practice –
(i) has died; or
(ii) ceases to be an Australian legal practitioner; or
(iii) has become an insolvent under administration; or
(iv) is in prison;
(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 –
(i) ceases to be an incorporated legal practice; or
(ii) is being or has been wound up; or
(iii) has been deregistered or dissolved;
(d) in any case, where the Board or the prescribed authority 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;
(e) where any other proper cause exists in relation to the practice.



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