Under the Legal Profession Act 1993 (Tas), s 114(3), the Solicitors' Trust had no discretion to reject claims by eligible claimants; the word 'may' was facultative, prescribing the Trust's powers rather than conferring a discretion. Claims made under the 1993 Act but not finalised before its repeal are to be determined under Pt 3.5 of the 2007 Act with 'necessary modifications' under Sch 9, cl 38(3) to preserve accrued rights, including reading down s 383(1)(c) to restore the power to impose terms and conditions rather than reject claims outright. The fact that earlier claimants under the 1993 Act did not receive interest or costs of making claims does not constitute 'special circumstances' under ss 382(1) or 381(1) of the 2007 Act, given the markedly different regimes.
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