South Australian Current Acts

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LEGAL PRACTITIONERS ACT 1981 - SECT 64A

64A—Advance payments

        (1)         The Society may, at its absolute discretion, make payments to a claimant in advance of the determination of a claim if satisfied that—

            (a)         the claim is likely to be allowed; and

            (b)         payment is warranted to alleviate hardship.

        (2)         A payment may be made under this section even if there is some prospect that the whole or a part of the claimant's pecuniary loss will be recovered from another source.

        (3)         Any payments made in advance are to be taken into account when the claim is determined.

        (4)         Payments under this section are to be made from the Fidelity Fund.

        (5)         If the claim is disallowed, the amounts paid under this section are recoverable by the Society as a debt due to the Fidelity Fund.

        (6)         If the claim is allowed but the amount payable is less than the amount paid under this section, the excess paid under this section is recoverable by the Society as a debt due to the Fidelity Fund.



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