AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 385

Repayment of certain amounts

(1)  If –
(a) a claimant receives a payment from the Guarantee Fund in respect of the claim; and
(b) the claimant receives or recovers from another source or sources a payment on account of the pecuniary loss; and
(c) there is a surplus after deducting the amount of the pecuniary loss from the total amount received or recovered by the claimant from both or all sources –
the amount of the surplus is a debt payable by the claimant to the Fund.
(2)  However, the amount payable by the claimant cannot exceed the amount the claimant received from the Guarantee Fund in respect of the claim.
(3)  A claimant must notify the Trust of the receipt or recovery of a payment referred to in subsection (1)(b) within 60 days after the receipt or recovery.
Penalty:  Fine not exceeding 50 penalty units.
(4)  The claimant must pay to the Trust the amount payable under subsection (1) within such period as is determined by the Trust.



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