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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 951
Claim by selling client in respect of default by selling dealer
951. (1) Where, as at the end of the prescribed period in relation to a
reportable transaction that is a sale by a dealer on behalf of a person:
(a) the person:
(i) in a case to which subparagraph (ii) does not apply-has
supplied to the dealer settlement documents for the purposes of
the sale; or
(ii) if the dealer has been suspended by the participating exchange
concerned and the suspension has not been removed-has supplied,
or is ready, willing and able to supply, to the dealer
settlement documents for the purposes of the sale; and
(b) the dealer's obligations to the person in respect of the sale, in so
far as they relate to the consideration for the sale, have not been
discharged; the person may make a claim in respect of the sale.
(2) Where a person is entitled to make claims under subsection (1) in respect
of 2 or more sales by the one dealer, the person may make a single claim in
respect of 2 or more of those sales but a claim so made shall be treated for
the purposes of subsection (3) as if it consisted of a separate claim in
respect of each of those sales.
(3) Where a person makes a claim in respect of a sale of eligible securities
by a dealer on behalf of the claimant and the Board is satisfied that:
(a) subsection (1) entitles the claimant to make the claim;
(b) the claimant has:
(i) under the agreement for the sale, supplied to the dealer; or
(ii) for the purposes of the claim, supplied to SEGC;
settlement documents in relation to the sale; and
(c) the dealer's obligations to the claimant in respect of the sale, in so
far as they relate to the consideration for the sale, have not been
discharged; SEGC shall allow the claim and pay to the claimant the
amount of that consideration less so much (if any) of the total of any
brokerage fees and other charges, and any stamp duty and other duties
and taxes, payable by the claimant in connection with the sale as has
not already been paid by the claimant.
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