LEGAL PROFESSION ACT 2007 - SECT 356 Definitions for pt 3.6
LEGAL PROFESSION ACT 2007 - SECT 356
Definitions for pt 3.6356 Definitions for pt 3.6
In this part—
"capping and sufficiency provisions" means—
(a) for this jurisdiction†” sections 396 and 397 ; or
(b) for another jurisdiction—the provisions of the corresponding law of that jurisdiction that correspond to those sections.
"claim" means a claim under this part.
"claimant" means a person who makes a claim.
"concerted interstate default" means a default of a law practice arising from or constituted by an act or omission—
(a) that was committed jointly by 2 or more associates of the practice; or
(b) parts of which were committed by different associates of the practice or different combinations of associates of the practice;if this jurisdiction is the relevant jurisdiction for at least 1 of the associates and another jurisdiction is the relevant jurisdiction for at least 1 of the associates.
"default" , in relation to a law practice, means—
(a) a failure of the practice to pay or deliver trust money or trust property that was received by the practice in the course of legal practice by the practice, if the failure arises from an act or omission of an associate that involves dishonesty; or
(b) a fraudulent dealing with trust property that was received by the law practice in the course of legal practice by the practice, if the fraudulent dealing arises from or is constituted by an act or omission of an associate that involves dishonesty.
"pecuniary loss" , in relation to a default, means—
(a) the amount of trust money, or the value of trust property, that is not paid or delivered; or
(b) the amount of money that a person loses or is deprived of, or the loss of value of trust property, as a result of a fraudulent dealing.
"relevant jurisdiction" , for division 3 , see section 371 .