Conveyancers Act 2006

A claim under this Part for compensation from the Fund in respect of a pecuniary loss must—

be made in the form approved by the Secretary; and

contain the prescribed information (if any); and

be accompanied by any documents required by the Secretary.

Despite anything to the contrary in the Limitation of Actions Act 1958 or in any other Act or law, a claim against the Fund under this Part cannot be brought more than 10 years after the date on which the defalcation to which the claim relates was committed.

The Secretary may allow and settle any proper claim under this Part for compensation from the Fund at any time after the occurrence of the pecuniary loss to which the claim relates.

If the Secretary is satisfied that there was a defalcation on which to found a claim against the Fund under this Part, the Secretary may allow the claim even though—

the person alleged to have committed the defalcation has not been convicted or prosecuted; or

the evidence on which the Secretary acts would not be sufficient to establish the guilt of the person on a criminal trial in respect of the defalcation.

If the Secretary disallows, whether wholly or partly, a claim under this Part for compensation from the Fund, the Secretary must serve notice of the disallowance in the prescribed form on the claimant or the claimant's Australian legal practitioner (if any).