Queensland Numbered Acts Queensland Numbered Acts(1) The relevant jurisdiction, for an associate of a law practice whose act or omission, whether alone or with 1 or more other associates of the practice, gives rise to or constitutes a default of the practice, is the relevant jurisdiction decided under this section.
(2) For a default involving trust money received in Australia, whether or not it was paid into an Australian trust account, the relevant jurisdiction for the associate is--
(a) if the trust money was paid into an Australian trust account and the associate, whether alone or with a co-signatory, was authorised to withdraw any or all of the trust money from the only or last Australian trust account in which the trust money was held before the default--the jurisdiction under whose law that trust account was kept; or
(b) otherwise--the associate's home jurisdiction.
(3) For a default involving trust money received outside Australia and paid into an Australian trust account, the relevant jurisdiction for the associate is--
(a) if the associate, whether alone or with a co-signatory, was authorised to withdraw any or all of the trust money from the only or last Australian trust account in which the trust money was held before the default--the jurisdiction under whose law that trust account was kept; or
(b) otherwise--the associate's home jurisdiction.
(4) For a default involving trust property received in Australia, or received outside Australia and brought into Australia, the relevant jurisdiction for the associate is the associate's home jurisdiction.
Note--
Section 40157 provides that the law society may treat the default as consisting of 2 or more defaults for the purpose of deciding the liability of the fidelity fund.