LEGAL PROFESSION ACT 1987 - SECT 79 Definitions

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 79

79 Definitions

(1) In this Division:

"associate" of a solicitor, has the same meaning as it has in Part 6 (see section 60).

"claim" means a claim against the Fidelity Fund that relates to a failure to account or to a dishonest default.

"contributing interstate legal practitioner" means an interstate legal practitioner who has paid any contribution required under section 76.

"dishonest default" of a solicitor, has the meaning set out in section 79B.

"failure to account" by a solicitor, has the meaning set out in section 79A.

"legal costs" of any aspect of a claim, includes the costs incurred by a claimant that would have been legal costs if the claimant had engaged a legal practitioner or interstate legal practitioner to deal with that aspect of the claim.

"pecuniary loss" from a failure to account or dishonest default, has the meaning set out in section 79C.

"solicitor" means a solicitor required by section 76 to contribute to the Fidelity Fund.

"successful claim" means:

(a) a claim allowed by the Law Society Council, or

(b) a claim in respect of which judgment is recovered against the Law Society.

(2) A reference in this Division to the practice of a solicitor who is an interstate legal practitioner is a reference to the solicitor's practice in this State.

(3) This Division applies to a locally registered foreign lawyer required to pay money in accordance with the regulations under section 78A on account of the Fidelity Fund as if a reference to:

(a) a solicitor were a reference to the locally registered foreign lawyer, and

(b) a reference to the practice of a solicitor were a reference to the practice of foreign law in this State of the locally registered foreign lawyer.