346Evidence in court proceedings under s 343 and certain

346 Evidence in court proceedings under s 343 and certain proceedings for review etc (1) This section applies to the following proceedings: (a) a proceeding brought in a court under section 343 (Subrogation on payment of claim); (b) a proceeding for review of any of the following: (i) a decision under section 338 (Deciding claims generally) completely or partly disallowing a claim; (ii) a decision under section 338 (6) reducing the amount payable on a claim; (iii) failing to have made a decision on a claim under division 3.4.4 (Claims about defaults) by the end of 12 months after the day the claim is made. Division 3.4.6 Payments from fidelity fund for defaults (2) Evidence of any admission or confession by, or other evidence that would be admissible against, an Australian legal practitioner or anyone else in relation to an act or omission giving rise to a claim is admissible to prove the act or omission even though the practitioner or other person is not a defendant in, or a party to, the proceeding. (3) Any defence that would have been available to the Australian legal practitioner or other person is available to the law society council. Division 3.4.6 Payments from fidelity fund for defaults