Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 393

393 Review of failure to decide claim within 1 year

(1) A claimant may apply, as provided under the QCAT Act , to the tribunal for a review of a failure of the law society to decide a claim after 1 year after the claim was made.

(2) An application for a review of a failure to decide a claim may be made at any time after the period of 1 year after the claim was made and while the failure continues.

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

(a) the applicant 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 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.

(4) The tribunal may decide the review—

(a) by giving directions to the law society to decide the matter expeditiously and—

(i) if the tribunal is satisfied that there has been unreasonable delay—ordering that interest be paid at a stated rate that is higher than the rate applicable under section 384 , until further order or the decision for the claim; or

(ii) otherwise—ordering that, if delay continues in circumstances of a stated kind, interest be paid for a stated period at a stated rate that is higher than the rate applicable under section 384 , until further order or the decision for the claim; or

(b) by deciding not to give a direction or make an order under paragraph (a) .