LEGAL PROFESSION ACT 2007 - SECT 371 Meaning of relevant jurisdiction

LEGAL PROFESSION ACT 2007 - SECT 371

371 Meaning of relevant jurisdiction

(1) The
"relevant jurisdiction" , for an associate of a law practice whose act or omission, whether alone or with 1 or more other associates of the practice, gives rise to or constitutes a default of the practice, is the relevant jurisdiction decided under this section.

(2) For a default involving trust money received in Australia, whether or not it was paid into an Australian trust account, the relevant jurisdiction for the associate is—

(a) if the trust money was paid into an Australian trust account and the associate, whether alone or with a cosignatory, was authorised to withdraw any or all of the trust money from the only or last Australian trust account in which the trust money was held before the default—the jurisdiction under whose law that trust account was kept; or

(b) otherwise—the associate’s home jurisdiction.

(3) For a default involving trust money received outside Australia and paid into an Australian trust account, the relevant jurisdiction for the associate is—

(a) if the associate, whether alone or with a cosignatory, was authorised to withdraw any or all of the trust money from the only or last Australian trust account in which the trust money was held before the default—the jurisdiction under whose law that trust account was kept; or

(b) otherwise—the associate’s home jurisdiction.

(4) For a default involving trust property received in Australia, or received outside Australia and brought into Australia, the relevant jurisdiction for the associate is the associate’s home jurisdiction.

Note—

Section 401 provides that the law society may treat the default as consisting of 2 or more defaults for the purpose of deciding the liability of the fidelity fund.