AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 378

Determination of claims

(1)  The Trust must determine a claim by wholly or partly allowing or disallowing it.
(2)  The Trust may disallow a claim to the extent that the claim does not relate to a default for which the Guarantee Fund is liable.
(3)  The Trust may wholly or partly disallow a claim, or reduce a claim, to the extent that –
(a) the claimant knowingly assisted in or contributed towards, or was a party or accessory to, the act or omission giving rise to the claim; or
(b) the negligence of the claimant contributed to the loss; or
(c) the conduct of the transaction with the law practice in relation to which the claim is made was illegal, and the claimant knew or ought reasonably to have known of that illegality; or
(d) proper and usual records were not brought into existence during the conduct of the transaction, or were destroyed, and the claimant knew or ought reasonably to have known that records of that kind would not be kept or would be destroyed; or
(e) the claimant has unreasonably refused to disclose information or documents to or co-operate with –
(i) the Trust; or
(ii) any other authority (including, for example, an investigative or prosecuting authority) –
in the investigation of the claim.
(4)  Subsections (2) and (3) do not limit the Trust’s power to disallow a claim on any other ground.
(5)  Without limiting subsection (2) or (3) , the Trust may reduce the amount otherwise payable on a claim to the extent the Trust considers appropriate if satisfied that the claimant –
(a) assisted in or contributed towards, or was a party or accessory to, the act or omission giving rise to the claim; or
(b) unreasonably failed to mitigate losses arising from the act or omission giving rise to the claim; or
(c) has unreasonably hindered the investigation of the claim.
(6)  If the amount of a claim does not exceed $2 500 or such other amount as may be prescribed, the Trust may allow the claim after waiving compliance with such of the provisions of this Part as it thinks fit.
(7)  The Trust must, in allowing a claim, specify the amount payable, including if appropriate any amounts payable under sections 381 and 382 .



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