LEGAL PROFESSION ACT 1987 - SECT 87 Final date for making claim on failure to account

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 87

87 Final date for making claim on failure to account

(1) If the Law Society Council considers that there has been, or may have been, a failure to account by a solicitor, it may publish a notice in the form approved by the Attorney General that fixes a final date on or before which claims relating to the failure to account must be made.

(2) The final date fixed by the notice for making a claim must be a date that is at least 3 months later than the first or only publication of the notice.

(3) The notice must be published:

(a) in a newspaper published and circulating in the district in which the solicitor is, or was, practising or carrying on business, and

(b) in a newspaper published and circulating in Sydney.

(4) A claim arising from a failure to account and made after the final date fixed by the notice is barred unless:

(a) the Law Society Council allows further time, or

(b) the Supreme Court allows further time, if the Law Society Council refuses to do so.

(5) The publication in a newspaper in good faith of a notice under this section does not subject any of the following to any liability:

(a) the Law Society,

(b) the Law Society Council,

(c) a Management Committee established under section 74,

(d) a member, employee or agent of the Society, Council or Committee,

(e) the proprietor, editor or publisher of the newspaper.

(6) The Law Society may, after such date as it may fix in each case, pay from the Fidelity Fund successful claims arising from a failure to account.