Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 81

Claims against the Fund

81. Claims against the Fund



(1) A claim for compensation from the Fund in respect of a pecuniary loss
shall be made in the form approved by the Director and containing the
prescribed particulars and accompanied by any documents required by the
Director.

(2) Subject to this Part the Secretary may allow and settle any proper claim
for compensation from the Fund at any time after the occurrence of the
pecuniary loss in respect of which the claim arose.



* * * * *



(5) If the Secretary disallows, whether wholly or partly, a claim for
compensation from the Fund, he or she must serve notice of the disallowance in
the prescribed form on the claimant or his legal practitioner.



(5A) Where-







   (a)  the Secretary has served notice of disallowance in respect of a claim;
        and





   (b)  the claimant has exhausted all relevant rights of action and other
        legal remedies for the recovery of the money or other property in
        respect of which the defalcation was committed available against the
        estate agent in relation to whom the claim arose and all other persons
        liable in respect of the loss suffered by the claimant-

the claimant may apply to the Tribunal for a review of the decision of the
Secretary to disallow the claim.

(5B) An application for review shall not be made under subsection (5A) after
the expiration of three months after the service of notice of the disallowance
under subsection (5).



(6) The Secretary, if satisfied that there was a defalcation on which to found
the claim, may allow the claim and act accordingly notwithstanding that the
person against whom the defalcation is alleged has not been convicted or
prosecuted or that the evidence on which the Secretary acts would not be
sufficient to establish the guilt of the person on a criminal trial in respect
of defalcation.



* * * * *



* * * * *