Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 392

392 Review of decision on claim

(1) A claimant may apply, as provided under the QCAT Act , to the tribunal for a review of either of the following decisions of the law society but not a decision to limit the amount payable, or to decline to pay an amount, made under the capping and sufficiency provisions of this jurisdiction—

(a) a decision to wholly or partly disallow a claim;

(b) a decision to reduce the amount allowed in relation to a claim.

(2) On an application under this section (
"review application" )—

(a) the applicant must establish that all or part of the amount sought to be recovered from the fidelity fund is not reasonably available from other sources, unless the law society waives that requirement; and

(b) the tribunal may, on application by the law society, stay the review application pending further action being taken to seek recovery of that amount from other sources.