LEGAL PROFESSION ACT 2007 - SECT 393
Review of failure to decide claim within 1 year
LEGAL PROFESSION ACT 2007 - SECT 393
Review of failure to decide claim within 1 year
393 Review of failure to decide claim within 1 year
(1) A claimant may apply, as provided under the QCAT Act , to the tribunal for
a review of a failure of the law society to decide a claim after 1 year after
the claim was made.
(2) An application for a review of a failure to decide a
claim may be made at any time after the period of 1 year after the claim was
made and while the failure continues.
(3) On an application under this
section (
"review application" )—
(a) the applicant must establish that the whole or
part of the amount sought to be recovered from the fidelity fund is not
reasonably available from other sources, unless the law society waives that
requirement; and
(b) the tribunal may, on application by the law society,
stay the review application pending further action being taken to seek
recovery of that amount from other sources.
(4) The tribunal may decide the
review—
(a) by giving directions to the law society to decide the matter
expeditiously and—
(i) if the tribunal is satisfied that there has been
unreasonable delay—ordering that interest be paid at a stated rate that is
higher than the rate applicable under section 384, until further order or the
decision for the claim; or
(ii) otherwise—ordering that, if delay continues
in circumstances of a stated kind, interest be paid for a stated period at a
stated rate that is higher than the rate applicable under section 384, until
further order or the decision for the claim; or
(b) by deciding not to give a
direction or make an order under paragraph (a) .
