Australian Capital Territory Repealed Acts

This legislation has been repealed.

LEGAL PRACTITIONERS ACT 1970 (REPEALED) - SECT 191

    (1)     Where, on an application by a person who has made an agreement with a solicitor under section 190, the court is satisfied that the agreement is not fair and reasonable, the court may, by order—

        (a)     direct that the amount payable under the agreement be reduced to an amount specified in the order; or

        (b)     declare that the agreement is not binding on the parties to the agreement.

    (2)     Where, under subsection (1), the court directs that the amount payable under an agreement be reduced, the agreement is enforceable as if the amount specified in the order of the court were specified in the agreement as the amount payable under the agreement.

    (3)     Where, under subsection (1), the court declares that an agreement is not binding on the parties to the agreement—

        (a)     the court may make such further orders as it thinks necessary to restore the parties to the agreement to the position in which they would have been if the agreement had not been made; and

        (b)     this part (other than section 190) applies as if the agreement had not been made.

    (4)     Except by leave of the court, a person is not entitled to make an application under this section in respect of an agreement after the institution of proceedings for the recovery from that person of the amount payable under the agreement.