South Australian Consolidated Acts South Australian Consolidated Acts (1) Where the
Commissioner makes a payment (whether in respect of compensation or interest)
to a claimant, the Commissioner is, to the extent of the payment, subrogated
to the rights of the claimant against a person liable at law or in equity for
the fiduciary default in respect of which the payment was made.
(2) However, this
section does not confer on the Commissioner any right to recover money from a
person whose liability in respect of a fiduciary default does not arise from a
wrongful or negligent act or omission on that person's part.