QLDIn ForceAct
Legal Profession Act 2007
sec.375Time limit for making claims
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### sec.375 Time limit for making claims
Subject to section 377 , a claim does not lie against the fidelity fund unless the prospective claimant notifies the law society of the default concerned—
within 6 months after the prospective claimant becomes aware of the default; or
within a further period allowed by the law society; or
if, on application as provided under the QCAT Act to the tribunal for a review of a decision of the law society to refuse to allow a further period for the claim, the tribunal allows a further period for making the claim—within the period allowed by the tribunal.
The tribunal or law society may allow a further period mentioned in subsection (1) only if satisfied that—
it would be reasonable to do so after taking into account all ascertained and contingent liabilities of the fidelity fund; and
it would be appropriate to do so in the particular case having regard to matters the tribunal or law society considers relevant.
s 375 amd 2009 No. 24 s 1505
(sec.375-ssec.1) Subject to section 377 , a claim does not lie against the fidelity fund unless the prospective claimant notifies the law society of the default concerned— within 6 months after the prospective claimant becomes aware of the default; or within a further period allowed by the law society; or if, on application as provided under the QCAT Act to the tribunal for a review of a decision of the law society to refuse to allow a further period for the claim, the tribunal allows a further period for making the claim—within the period allowed by the tribunal.
(sec.375-ssec.2) The tribunal or law society may allow a further period mentioned in subsection (1) only if satisfied that— it would be reasonable to do so after taking into account all ascertained and contingent liabilities of the fidelity fund; and it would be appropriate to do so in the particular case having regard to matters the tribunal or law society considers relevant.
- (a) within 6 months after the prospective claimant becomes aware of the default; or
- (b) within a further period allowed by the law society; or
- (c) if, on application as provided under the QCAT Act to the tribunal for a review of a decision of the law society to refuse to allow a further period for the claim, the tribunal allows a further period for making the claim—within the period allowed by the tribunal.
- (a) it would be reasonable to do so after taking into account all ascertained and contingent liabilities of the fidelity fund; and
- (b) it would be appropriate to do so in the particular case having regard to matters the tribunal or law society considers relevant.