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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 248
Right of appeal against failure to determine claim
248 Right of appeal against failure to determine claim
(1) A claimant against the fidelity fund may appeal to the designated tribunal
against a failure of the fidelity authority to determine a claim after 12
months after the claim was made and while the failure continues.
(2) On an
appeal under this section-- (a) the appellant must establish that the whole or
part of the amount sought to be recovered from the fidelity fund is not
reasonably available from other sources, unless the fidelity authority waives
this requirement; and
(b) the designated tribunal may, on application by the
fidelity authority, stay the appeal pending further action being taken to seek
recovery of the whole or part of that amount from other sources.
(3) No order
for costs is to be made on an appeal under this section unless the designated
tribunal is satisfied that an order for costs should be made in the interests
of justice.
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