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Legal Profession Act 2006
352Concerted interstate defaults
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352 Concerted interstate defaults
(1) The law society council may treat a concerted interstate default as if
the default consisted of 2 or more separate defaults—
(a) 1 of which is a default to which this part applies, if the ACT is
the relevant jurisdiction of 1 or more of the associates involved;
and
(b) the other or others of which are defaults to which this part does
not apply, if another jurisdiction or jurisdictions are the relevant
jurisdictions of 1 or more of the associates involved.
(2) The law society council may treat a claim about a concerted interstate
default as if the claim consisted of—
(a) 1 or more claims made under this part; and
(b) 1 or more claims made under a corresponding law or laws.
(3) A claim about a concerted interstate default must be assessed on the
basis that the fidelity funds of the relevant jurisdictions involved are
to contribute—
(a) in equal shares in relation to the default, irrespective of the
number of associates involved in each of those jurisdictions, and
disregarding the capping and sufficiency provisions of those
jurisdictions; or
(b) in other shares as agreed by the law society council and the
corresponding authority or authorities involved.
(4) Subsection (3) does not affect the application of the capping and
sufficiency requirements of the ACT in relation to the amount
payable from the fidelity fund after the claim has been assessed.