PART 3COMPLAINTS AGAINST SOLICITORS

Solicitors Complaints Committee

Complainants33

(1)

A complainant (“C”) is within this section if C—

(a)

meets the first and second conditions; and

(b)

is not excluded by subsection (4).

(2)

The first condition is that C is—

(a)

an individual; or

(b)

a person (other than an individual) or body of a description prescribed by order made by the Department in accordance with a recommendation made under section 34.

(3)

The second condition is that—

(a)

the services to which the complaint relates were provided by the respondent to C;

(b)

the services to which the complaint relates were provided by the respondent—

(i)

in the respondent's capacity as a personal representative or trustee; or

(ii)

to a person acting as a personal representative or trustee,

and C is a beneficiary of the estate or trust in question; or

(c)

C satisfies such other conditions, in relation to the services to which the complaint relates, as may be prescribed by order made by the Department in accordance with a recommendation made under section 34.

(4)

C is excluded if, at the time when the act or omission to which the complaint relates took place—

(a)

C was a solicitor and the services to which the complaint relates were procured by C on behalf of another person; or

(b)

C was a person or body of a description prescribed by order made by the Department in accordance with a recommendation made under section 34.

(5)

An order made under this section is subject to negative resolution.