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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 111
Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices
111 Extension of vicarious liability relating to failure to account, pay or
deliver and dishonesty to incorporated legal practices
(1) This section applies to any of the following proceedings (being
proceedings based on the vicarious liability of an incorporated legal
practice)-- (a) civil proceedings relating to a failure to account for, pay or
deliver money or property received by, or entrusted to, the practice (or to
any director, officer or employee of the practice) in the course of the
provision of legal services by the practice, being money or property under the
direct or indirect control of the practice;
(b) civil proceedings for any
other debt owed, or damages payable, to a client as a result of a dishonest
act or omission by an Australian legal practitioner who is a director, officer
or employee of the practice in connection with the provision of legal services
to the client.
(2) If the incorporated legal practice would not (but for this
section) be vicariously liable for any acts or omissions of its officers and
employees in those proceedings, but would be liable for those acts or
omissions if the practice and those officers and employees were carrying on
business in partnership, the practice is taken to be vicariously liable for
those acts or omissions.
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