LEGAL PROFESSION ACT 1987 - SECT 90D Proceedings against Law Society

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 90D

90D Proceedings against Law Society

(1) An action does not lie against the Law Society in relation to the Fidelity Fund except:

(a) with the leave of the Law Society Council, or

(b) as provided by this section.

(2) If the Law Society Council wholly or partly disallows a claim, it must (without delay) give written notice of the disallowance to the claimant.

(3) A claimant may appeal to the Supreme Court against:

(a) a decision by the Law Society Council to wholly or partly disallow a claim, or

(b) a decision by the Law Society Council to reduce the amount allowed in respect of a claim, by virtue of section 80A, or

(c) a failure by the Law Society Council to determine a claim within such period as is prescribed by the regulations.

(4) On an appeal under this section, the Supreme Court may make such order as it thinks fit.

(5) If the Law Society Council wholly or partly disallows a claim relating to a failure to account in respect of which a solicitor or an associate has been convicted of an offence involving dishonesty:

(a) the claimant may take proceedings in the Supreme Court as for a debt due by the Law Society, and

(b) in any such proceedings, the defences that would have been available to the solicitor are available to the Law Society.

Any such claimant may take proceedings instead under subsection (3).