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LEGAL PROFESSION REGULATION 2017 - REG 76
Capped amount—Act, s 396
76 Capped amount—Act, s 396
(1) For the Act , section 396 (5) , definition capped amount , the amount
prescribed for a claim is $200,000.
(2) However, if more than 1 claim is to
be paid from the fidelity fund in relation to a particular law practice for a
default, the amount prescribed for each claim is the lesser of— (a)
$200,000; or
(b) the amount apportioned by the law society for the claim from
a total amount of $2m to be paid from the fund for all of the claims in
relation to the law practice for the default.
(3) In apportioning amounts for
claims under subsection (2) (b) , the law society must— (a) have regard to
the amount that would have been paid from the fund for each claim if the
payments were not limited under the Act , section 396 ; and
(b) have regard
to cases of hardship if it knows relevant information; and
(c) endeavour to
apportion the amounts equitably.
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