New South Wales Consolidated Acts
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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 220
Meaning of relevant jurisdiction
(1) The relevant jurisdiction for an associate of a law practice whose act or
omission (whether alone or with one or more other associates of the practice)
gives rise to or constitutes a default of the practice is to be determined
under this section.
Note: The concept of an associate's "relevant jurisdiction" is used to
determine the jurisdiction whose fidelity fund is liable for a default of a
law practice arising from or constituted by an act or omission committed by
the associate. The relevant jurisdiction for an associate is in some cases the
associate's home jurisdiction.
(2) In the case of a default involving trust
money received in Australia (whether or not it was paid into an
Australian trust account), the relevant jurisdiction for the associate is--
(a) if the trust money was paid into an Australian trust account and if the
associate (whether alone or with a co-signatory) was authorised to withdraw
any or all of the trust money from the only or last Australian trust account
in which the trust money was held before the default--the jurisdiction under
whose law that trust account was maintained; or
(b) in any other case--the
associate's home jurisdiction.
(3) In the case of a default involving trust
money received outside Australia and paid into an Australian trust account,
the relevant jurisdiction for the associate is-- (a) if the associate (whether
alone or with a co-signatory) was authorised to withdraw any or all of the
trust money from the only or last Australian trust account in which the trust
money was held before the default--the jurisdiction under whose law that trust
account was maintained; or
(b) in any other case--the associate's home
jurisdiction.
(4) In the case of a default involving trust property received
in Australia, or received outside Australia and brought to Australia, the
relevant jurisdiction for the associate is the associate's home jurisdiction.
(5) In this section,
"Australian trust account" means a trust account maintained under this Law or
a trust account maintained under a corresponding law.
Note: Section 251
(Default involving interjurisdictional elements if committed by one associate
only) provides that the interjurisdictional fidelity authority may treat the
default as consisting of 2 or more defaults for the purpose of determining the
liability of the fidelity fund.
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