LEGAL PROFESSION ACT 2007 - SECT 385
Reduction of claim because of other benefits
LEGAL PROFESSION ACT 2007 - SECT 385
Reduction of claim because of other benefits
385 Reduction of claim because of other benefits
(1) A person is not entitled to recover from the fidelity fund any amount
equal to amounts, or to the value of other benefits, from other sources
relating to the pecuniary loss to which a claim relates—
(a) that have
already been paid to or received by the person, whether before or after the
commencement of this section; or
(b) that have already been decided and are
payable to or receivable by the person; or
(c) that the law society believes
are likely to be paid to or received by the person; or
(d) that the law
society believes might, but for neglect or failure on the person’s part,
have been paid or payable to or received or receivable by the person.
(2) The
law society may, at its absolute discretion, pay to a person the whole or part
of an amount mentioned in subsection (1) (c) if satisfied that payment is
warranted to alleviate hardship, but nothing in this subsection affects
section 388.