New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Part:
"allow" a claim includes compromise or settle the claim.
"capping and sufficiency provisions" of:
(a) this jurisdiction-means section 456 (Caps on payments) and section 457 (Sufficiency of Fidelity Fund), or
(b) another jurisdiction-means the provisions of the corresponding law of that jurisdiction that correspond to those sections."claim" means a claim under this Part.
(a) that was committed jointly by 2 or more associates of the practice, or
(b) parts of which were committed by different associates of the practice or different combinations of associates of the practice,where this jurisdiction is the relevant jurisdiction for at least one of the associates and another jurisdiction is the relevant jurisdiction for at least one of the associates.
(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, where the failure arises from or is constituted by 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, where the fraudulent dealing arises from or is constituted by an act or omission of an associate that involves dishonesty."dishonesty" includes fraud.
(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, as a result of a fraudulent dealing."relevant jurisdiction" -see section 433 (Meaning of “relevant jurisdiction”).