Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1317ga
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1317GA
Character Range: 5649165–5650375

1317GA  Refund orders—charging ongoing fee after termination of arrangement
 (1) A Court may order that a a person who is a 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 962Z 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.