QLDIn ForceAct
Legal Profession Act 2007
sec.378Claims not affected by certain matters
Start here
Get a plain-English read of sec.378
Turn the raw legal text into a practical explanation grounded in Legal Profession Act 2007.
### sec.378 Claims not affected by certain matters
A claim may be made about a law practice’s default despite a change in the status of the practice or the associate concerned after the happening of the act or omission giving rise to or constituting the default.
A claim that has been made is not affected by a later change in the status of the practice or associate.
In this section—
change in status includes—
for a partnership—a change in the membership or staffing of, or the dissolution of, the partnership; and
for an incorporated legal practice—a change in the directorship or staffing of, or the winding-up or dissolution of, the practice; and
for an associate who was an Australian legal practitioner—the fact that the associate has ceased to practise or to hold an Australian practising certificate; and
for an associate who was an individual—the associate’s death.
(sec.378-ssec.1) A claim may be made about a law practice’s default despite a change in the status of the practice or the associate concerned after the happening of the act or omission giving rise to or constituting the default.
(sec.378-ssec.2) A claim that has been made is not affected by a later change in the status of the practice or associate.
(sec.378-ssec.3) In this section— change in status includes— for a partnership—a change in the membership or staffing of, or the dissolution of, the partnership; and for an incorporated legal practice—a change in the directorship or staffing of, or the winding-up or dissolution of, the practice; and for an associate who was an Australian legal practitioner—the fact that the associate has ceased to practise or to hold an Australian practising certificate; and for an associate who was an individual—the associate’s death.
- (a) for a partnership—a change in the membership or staffing of, or the dissolution of, the partnership; and
- (b) for an incorporated legal practice—a change in the directorship or staffing of, or the winding-up or dissolution of, the practice; and
- (c) for an associate who was an Australian legal practitioner—the fact that the associate has ceased to practise or to hold an Australian practising certificate; and
- (d) for an associate who was an individual—the associate’s death.