Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.5 - COMPENSATION REGIMES FOR FINANCIAL MARKETS  

Division 4 - NGF Compensation regime  

Subdivision 4.10 - General  

REGULATION 7.5.78   CLAIMANT ENTITLED TO COSTS AND DISBURSEMENTS  

7.5.78(1)   [ Application]  

This regulation applies if the SEGC:

(a) allows a claim in whole or in part; or

(b) disallows a claim in whole in the following circumstances:

(i) the dealer compensated the claimant before the claim was determined;

(ii) the claim would have been allowed if the dealer had not compensated the claimant.

7.5.78(2)   [ Making and proof of claim]  

The claimant is entitled to be paid out of the Fund an amount equal to the total of the reasonable costs of, and the reasonable disbursements incidental to, the making and proof of the claim.

7.5.78(3)   [ Attempt to recover loss]  

The claimant is also entitled to be paid out of the Fund an amount in respect of the claimant's reasonable costs of, and disbursements incidental to, attempting to recover the loss.

7.5.78(4)   [ Claimant's other rights]  

Subregulations (2) and (3) apply in addition to the claimant's other rights under this Division.