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LEGAL PROFESSION ACT 1987 - SECT 81 Claims by solicitor who pays compensation for failure to account or dishonest default

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 81

Claims by solicitor who pays compensation for failure to account or dishonest default

81 Claims by solicitor who pays compensation for failure to account or dishonest default

(1) If, in respect of a failure to account or dishonest default by an associate of a solicitor:
(a) the solicitor has paid compensation for a pecuniary loss due to the failure to account or dishonest default, and
(b) the solicitor has, in the opinion of the Law Society Council, at all times acted honestly and reasonably in relation to the failure to account or dishonest default, and
(c) all claims in relation to failures to account or dishonest defaults by the associate (other than claims under this section) have been met,
the solicitor may make a claim as if the compensation paid by the solicitor were a pecuniary loss suffered as a result of the failure to account or dishonest default.
(2) The solicitor may not claim under this section more than the amount that could have been claimed under this Division by the person who suffered the pecuniary loss.
(3) In this section, "solicitor" includes:
(a) a former solicitor, and
(b) in relation to the payment of compensation and the making of a claim--the personal representative of a deceased solicitor or a deceased former solicitor.