New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 309

309 Prerequisites for making of compensation orders

(1) Unless the complainant and the respondent lawyer or law practice concerned agree, a compensation order is not to be made unless the designated local regulatory authority or designated tribunal (as the case requires) is satisfied that--

(a) the aggrieved person has suffered loss because of the conduct concerned; and

(b) it is in the interests of justice that the order be made.

(2) A compensation order is not to be made in respect of any loss for which the aggrieved person has received or is entitled to receive--

(a) compensation under an order that has been made by a court; or

(b) compensation paid or payable from a fidelity fund of any jurisdiction, where a relevant claim for payment from that fund has been made or determined.

(3) Subsection (2) does not apply where a fidelity authority is seeking a compensation order under its subrogation to the rights and remedies of a claimant (see section 246).