The Solicitors' Trust v Oxenbould

The Solicitors' Trust (the appellant) appealed to the Full Court of the Supreme Court of Tasmania against a decision of a single judge, and Mr Oxenbould (the respondent) cross-appealed. The dispute concerned the respondent's entitlement to payment from the Solicitors' Fidelity Fund, established under the *Legal Profession Act 1993* (Tas), for losses allegedly suffered due to the dishonest conduct of a solicitor. The *Legal Profession Act 1993* was repealed and replaced by the *Legal Profession Act 2007* (Tas) before the respondent's claims were finally determined.

The central legal issues before the Full Court were: (1) which of the two Acts governed the respondent's claims; (2) whether the Solicitors' Trust had a discretion to reject claims that were validly made under the repealed Act but processed after the commencement of the new Act; and (3) the entitlement of the respondent to interest and costs.

The Court reasoned that the transitional provisions of the *Legal Profession Act 2007* were critical. It held that the repeal of the 1993 Act did not extinguish existing rights to make claims against the Fidelity Fund, and that the 2007 Act preserved these rights, albeit subject to its own provisions. The Court found that the Solicitors' Trust did not have an unfettered discretion to reject claims that had been validly lodged under the repealed Act. However, the Court also determined that the Trust retained a discretion regarding the terms and conditions upon which it might accept such claims.

Consequently, both the appeal and the cross-appeal were allowed in part. The Court adjourned the further hearing of the appeal and cross-appeal to allow for submissions on the specific directions to be given to the appellant concerning the terms and conditions for accepting the claims, and on the precise terms of the Court's orders.