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CORPORATIONS ACT 2001 - SECT 1317GA Refund orders--contravention of section 962P

CORPORATIONS ACT 2001 - SECT 1317GA

Refund orders--contravention of section 962P

  (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   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.

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