Document ID: chunk:federal_register_of_legislation:C2012A00067:clause:1_1317ga
Version: federal_register_of_legislation:C2012A00067
Segment Type: clause
Provision Reference: sch 1 cl 1317GA
Character Range: 27262–28563

1317GA  Refund orders—contravention of section 962P
 (1) A Court may order that a person (the fee recipient) refund a fee paid to the fee recipient by another person (the client) if the Court is satisfied that:
 (a) the fee recipient knowingly or recklessly contravened section 962P in charging the client the fee (charging ongoing fee after termination of ongoing fee arrangement); and
 (b) it is reasonable in all the circumstances to make the order.
Note: An order may be made under this subsection whether or not a declaration of contravention has been made under section 1317E.

Applications for order
 (2) The Court may make the order under this section:
 (a) on its own initiative, during proceedings before the Court; or
 (b) on application by ASIC; or
 (c) on the application of the client.

When order may be made
 (3) The Court must not make an order under this section in relation to fees paid more than 6 years before the proceedings for the order are commenced.

Recovery of amount as a debt
 (4) If the Court makes an order that the fee recipient refund an amount specified in the order to the client, the client may recover the amount as a debt due to the client.

[Minister's second reading speech made in—
House of Representatives on 13 October 2011
Senate on 10 May 2012]
(217/11)