Wednesday, 19 February 2014

Notice Inviting Claims Against Legal Practitioners Fidelity Fund - Mark Flynn


The Council of The Law Society of New South Wales invites any person who has suffered pecuniary loss because of default by the incorporated law practice Mark Flynn & Associates Pty Ltd arising from the conduct of an associate of that law practice, Mark Joseph Flynn, or failure to account by Mark Joseph Flynn (see below), to make a claim against the Legal Practitioners Fidelity Fund. The law practice Mark Flynn & Associates Pty Ltd was conducted at: Suite 7, 26-54 River Street, Ballina, New South Wales. Mark Joseph Flynn practiced at the same address.

Under the Legal Profession Act 2004 a default occurs where
* the law practice (or an associate of the law practice) received trust money or trust property
* that receipt was in the course of the law practice’s (or an associate’s) legal practice
* the law practice has failed to pay or deliver the trust money or trust property, or there has been a fraudulent dealing with it
* that failure or fraudulent dealing arises from, or is constituted by, an act or omission of an associate of the law practice which involves dishonesty.
An associate includes a solicitor, employee or agent. Defaults relating to financial services or investments are restricted (see section 435 of the Legal Profession Act 2004).

Under the Legal Profession Act 1987 a failure to account occurs where
* a solicitor or an associate of the solicitor received money or property in the course of the solicitor’s practice
* the solicitor has failed to account for the money or property
* the failure to account arises from a dishonest act or omission of the solicitor or the solicitor’s associate.
An associate includes an employee or agent.

A claim must be made on the approved form. To obtain a claim form and information brochure, please write to the Manager of the Fidelity Fund Department of The Law Society of New South Wales at 170 Phillip Street Sydney NSW 2000. Information is also available on the Law Society’s website

Completed claim forms must be received at the Law Society by Friday 9 May 2014. A claim cannot be made after Friday 9 May 2014, unless the Law Society Council or the Supreme Court allows further time.

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