LEGAL PROFESSION ACT 2006 - SECT 442 Compensation orders
LEGAL PROFESSION ACT 2006 - SECT 442
Compensation orders(1) A compensation order is an order, made in relation to a complaint, for an Australian legal practitioner to compensate the complainant for loss suffered because of conduct that is the subject of the complaint.
Note An order may be made by the ACAT in relation to a solicitor arising from a complaint about unsatisfactory employment conduct of an employee of the solicitor (see s 429).
(2) A compensation order against an Australian legal practitioner consists of 1 or more of the following:
(a) an order that the practitioner cannot recover or must repay all or a stated part of the amount charged to the complainant by the practitioner in relation to stated legal services;
(b) an order discharging a lien of the practitioner in relation to a stated document;
(c) an order that the practitioner pay a stated amount to the complainant by way of financial compensation for the loss.
(3) A compensation order under subsection (2) (a) preventing recovery of an amount is effective even if a proceeding to recover the amount (or any part of it) has been started by or on behalf of the Australian legal practitioner.
(4) A compensation order under subsection (2) (a) requiring repayment of an amount is effective even if a court has ordered payment of the amount (or an amount of which it is part) in a proceeding brought by or on behalf of the Australian legal practitioner.
(5) A compensation order under subsection (2) (c) requiring payment of more than $10 000 by way of financial compensation must not be made unless the complainant and the practitioner both consent to the order.