Conveyancers Licensing Act 2003 No 3
Historical version for 31 May 2006 to 31 January 2007 (accessed 24 May 2013 at 05:12) Current version
Part 8Division 3Section 105

105   Supreme Court may appoint receiver

(1)  The Supreme Court may, on the application of the Director-General, appoint a receiver of all or any of the property of a licensee and may make the appointment whether or not the licensee has been notified of the application or is a party to the proceedings.
(2)  Such an application may be made by the Director-General only if:
(a)  the licensee has made a request to the Director-General for the appointment of a receiver, or
(b)  the licensee’s licence has been cancelled or suspended, or
(c)  the Director-General is of the opinion (whether as a consequence of a determination by the Director-General under Part 10 of the Property, Stock and Business Agents Act 2002 as applied by section 88 of this Act or otherwise) that there has been, or that there may have been, a failure to account by the licensee, or
(d)  the Director-General is of the opinion that a person is unable to obtain payment or delivery of property held by the licensee because the licensee:
(i)  is mentally or physically infirm, or
(ii)  is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with his or her creditors or has made an assignment of his or her remuneration for their benefit, or
(iii)  is an inmate within the meaning of the Crimes (Administration of Sentences) Act 1999, or
(iv)  has died, or
(v)  has abandoned his or her conveyancing business,
      and if the Director-General is of the opinion that it is necessary for the application to be made in order to protect the interests of other persons.
(3)  Nothing in this Division prevents a manager of a licensee’s conveyancing business from being appointed as a receiver of the licensee’s property.
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