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Legal Profession Act 2006
316Definitions—pt 3.4
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316 Definitions—pt 3.4
capping and sufficiency provisions means:
(a) for the ACT—section 348 (Caps on payments from fidelity
fund) and section 349 (Sufficiency of fidelity fund); or
(b) for another jurisdiction—the provisions of the corresponding
law of that jurisdiction that correspond to those sections.
claim means a claim under this part.
claimant means a person who makes a claim under this part.
concerted interstate default means a default of a law practice arising
from or constituted by an act or omission—
(a) that was committed jointly by 2 or more associates of the
(b) parts of which were committed by different associates of the
practice or different combinations of associates of the practice;
if the ACT is the relevant jurisdiction of at least 1 of the associates
and another jurisdiction is the relevant jurisdiction of at least 1 of the
associates.
default, in relation to a law practice, means—
(a) a failure of the practice to pay or deliver trust money or trust
property that was received by the practice in the course of legal
practice by the practice, if the failure arises from an act or
omission of an associate that involves dishonesty; or
(b) a fraudulent dealing with trust property that was received by the
practice in the course of legal practice by the practice, if the
fraudulent dealing arises from or is constituted by an act or
omission of an associate that involves dishonesty.
dishonesty includes fraud.
pecuniary loss, in relation to a default, means—
(a) the amount of trust money, or the value of trust property, that is
not paid or delivered; or
(b) the amount of money that a person loses or is deprived of, or the
loss of value of trust property, because of a fraudulent dealing.
relevant jurisdiction—see section 327.