Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 398

Defaults involving interstate elements where committed by one associate only
(1)  This section applies to a default of a law practice arising from or constituted by an act or omission that was committed by only one associate of the practice, where the default involves more than one of the cases referred to in section 364(2) , (3) and (4) (Meaning of "relevant jurisdiction" ).
(2)  The Trust may treat the default to which this section applies as if the default consisted of 2 or more separate defaults –
(a) one of which is a default to which this Part applies, where this jurisdiction is the relevant jurisdiction; and
(b) the other or others of which are defaults to which this Part does not apply, where another jurisdiction or jurisdictions are the relevant jurisdictions.
(3)  The Trust may treat a claim about the default to which this section applies as if the claim consisted of –
(a) one or more claims made under this Part; and
(b) one or more claims made under a corresponding law or laws.
(4)  A claim about a default to which this section applies is to be assessed on the basis that the fidelity funds of the relevant jurisdictions involved are to contribute –
(a) in equal shares in respect of the default, and disregarding the capping and sufficiency provisions of those jurisdictions; or
(b) in other shares as agreed by the Trust and the corresponding authority or authorities involved.
(5)  Subsection (4) does not affect the application of the capping and sufficiency requirements of this jurisdiction in respect of the amount payable from the Guarantee Fund after the claim has been assessed.


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