SA Law Soc lauds reform to raise cap on Legal Practitioners’ Fidelity Fund

New laws are expected to protect against fluctuating interest rates

SA Law Soc lauds reform to raise cap on Legal Practitioners’ Fidelity Fund
Parliament of South Australia

The Law Society of South Australia has welcomed legislative reforms, which received assent on 20 November 2025, which intend to increase the interest rate ceiling on the Legal Practitioners’ Fidelity Fund in an effort to future-proof it. 

Upon the new laws coming into operation, one can calculate the fund’s cap by multiplying $11,500 by the number of practising certificate (PC) holders. 

According to the law society’s media release, the cap increase seeks to help: 

  • Safeguard the Fidelity Fund against fluctuating interest rates 
  • Generate a steady return on investments 
  • Ensure the long-term funding of the legal profession’s regulatory framework 
  • Fund strategic initiatives to support legal practice and tackle access to justice issues, especially in rural, regional, and remote SA 
  • Sustain the funding pool’s depth for those seeking reimbursement in situations involving fiduciary or professional default 

“Forecasts show that, with these reforms, the new, higher cap would be reached in 2028 and the Fund would then be self-sustainable under normal conditions,” the law society’s media release said. “Importantly, forecasts indicate that the Fund would produce a surplus of $3 million, gradually growing year on year, for distribution to the Legal Services Commission.” 

According to the law society, for several years, it has called for amendments to the laws encompassing the Fidelity Fund’s management. The law society said its advocacy aimed to ensure the ongoing stability and viability of the fund’s management. 

In its media release, the law society stressed the importance of the fund for professional regulation and community protection. 

More on fund

The law society’s media release provided more information regarding the Fidelity Fund. Primarily funded by the interest on solicitor trust accounts, the fund is meant to: 

  • Cover the expenses of the Office of the Legal Profession Conduct Commissioner, the law society’s Ethics and Practice Unit, and the tribunal costs for legal practitioner disciplinary matters 
  • Serves as a last resort for claimants to recover losses due to a legal practitioner’s fiduciary or professional default, such as the misappropriation of trust monies 

According to the law society, amid fluctuating interest rates, the Fidelity Fund decreased from $27m to $13m from 2013–22. However, in the past two financial years, the fund value has gone up, given the following: 

  • a $200 increase in PC fees, fixed by the SA attorney-general 
  • the legal practitioners conduct commissioner’s reduced budget 
  • raised interest rates