38
In forceRights of Commissioner
Part 3Trust accounts and indemnity fund
Division 3Indemnity fund
38 Rights of Commissioner
(1)
Where the Commissioner makes a payment (whether in respect of compensation or interest) to a claimant, the Commissioner is, to the extent of the payment, subrogated to the rights of the claimant against a person liable at law or in equity for the fiduciary default in respect of which the payment was made.
(2)
However, this section does not confer on the Commissioner any right to recover money from a person whose liability in respect of a fiduciary default does not arise from a wrongful or negligent act or omission on that person's part.
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