Attorneys Act, 1979 (Act No. 53 of 1979)Chapter II : Fidelity Fund49. Actions against fund |
| (1) | No action shall without leave of the board of control be instituted against the fund unless the claimant has exhausted all available legal remedies against the practitioner in respect of whom the claim arose or his estate and against all other persons liable in respect of the loss suffered by the claimant. |
| (2) | Any action against the fund in respect of any loss suffered by any person as a result of any theft committed by any practitioner, his candidate attorney or his employee, shall be instituted within one year of the date of a notification directed to such person or his legal representative by the board of control informing him that the board of control rejects the claim to which such action relates. |
[Section 49(2) amended by section 21 of Act No. 87 of 1989]
| (3) | In any action against the fund all defences which would have been available to the person against whom the claim arose, shall be available to the fund. |
| (4) | Any action against the fund may, subject to the provisions of this Act, be brought in the High Court or a magistrate's court having jurisdiction within the area of jurisdiction of which the cause of action arose. |
[Section 49(4) amended by section 19 of Act No. 40 of 2014]