Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 409

Reduction of claim because of other benefits

    (1)     A person is not entitled to recover from the Fidelity Fund any amount equal to amounts or to the value of other benefits:

        (a)     that have already been paid to or received by the person; or

        (b)     that have already been determined and are payable to or receivable by the person; or

        (c)     that (in the Law Society's opinion) are likely to be paid to or received by the person; or

        (d)     that (in the Society's opinion) might, but for neglect or failure on the person's part, have been paid or payable to or received or receivable by the person;

from other sources in relation to the pecuniary loss to which a claim relates.

    (2)     The Society may, at its absolute discretion, pay to a person the whole or part of an amount referred to in subsection (1)(c) if satisfied payment is warranted to alleviate hardship, but nothing in this subsection affects section 411.



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