Document ID: chunk:federal_register_of_legislation:C2024C00534:section:34m
Version: federal_register_of_legislation:C2024C00534
Segment Type: section
Provision Reference: s 34M
Character Range: 99867–101310

34M  Qualifying liabilities
  A person (the practitioner) has a qualifying liability in relation to a claim made against the person if:
 (a) one of the following applies:
 (i) the liability is under a judgment or order of a court in relation to the claim, being a judgment or order that is not stayed and is not subject to appeal;
 (ii) the liability is under a settlement of the claim that takes the form of a written agreement between the parties to the claim;
 (iii) the liability is some other kind of liability of the practitioner (for example, a liability to legal costs) that relates to the claim; and
 (b) the defence of the claim against the practitioner was conducted appropriately up to the time when:
 (i) if the liability is under a judgment or order of a court—the date on which the judgment or order became a judgment or order that is not stayed and is not subject to appeal; or
 (ii) if the liability is under a settlement of the claim—the date on which the settlement agreement was entered into; or
 (iii) if the liability is some other kind of liability—the date on which the liability was incurred; and
 (c) if the liability is under a settlement of the claim, or is under a consent order made by a court—a legal practitioner has given a statutory declaration certifying that the amount of the liability is reasonable.
Note: For paragraph (b), see the definitions of defence and conducted appropriately in subsection 4(1).