A barrister or other third party who is not a 'client' of a solicitor may claim against the Fidelity Fund under s 3.6.7 of the Legal Profession Act 2004 (Vic) as a 'person' who has suffered pecuniary loss because of a solicitor's default. Moneys paid by a client to a solicitor for the specific purpose of paying counsel's fees are held on a Quistclose trust, giving counsel a contingent interest in the fund sufficient to ground a claim. The absence of a costs agreement between the barrister and the solicitor does not bar the claim where the solicitor retained the barrister as principal.
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