LEGAL PROFESSION ACT 1987 - SECT 82 Special provisions relating to failure to account

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 82

82 Special provisions relating to failure to account

(1) If, in accordance with the regulations, a solicitor authorises a person to operate on an account for clients' money kept by the solicitor at a bank, building society or credit union, an act or omission by the person in relation to those operations is, for the purposes of this Division, an act or omission of an agent of the solicitor.

(2) If a claim arising from a failure to account is partly disallowed, there is to be paid to the claimant from the Fidelity Fund in respect of legal costs incurred by the claimant as a result of the failure to account:

(a) an amount agreed between the claimant and the Law Society Council, or

(b) if agreement cannot be reached--an amount assessed by a costs assessor under Division 6 of Part 11 on a reference by the Law Society Council.

(3) If a claim arising from a failure to account is wholly disallowed but the Law Society Council decides that a specified amount should be paid in respect of legal costs incurred by the claimant as a result of the failure to account, that amount is to be paid to the claimant from the Fidelity Fund.