Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an amount is
recoverable by a person who is or has been an assisted
person —
(a)
under an order for the payment of costs to the person made in proceedings
arising out of a matter in which legal aid has been given; or
(b)
under the judgment or verdict given in proceedings referred to in
paragraph (a) or as a result of a settlement or compromise of such
proceedings,
the person is liable
to pay to the Commission so much of that amount as the Director, having regard
to the guidelines determined by the Commission pursuant to
section 15(1)(i), determines but the amount so determined by the Director
shall not exceed the amount by which the sum of —
(c) the
ordinary professional costs (including solicitor and client costs) of the
legal services provided to the person in the proceedings or matter in respect
of which legal aid was provided; and
(d) any
disbursements (including counsel fees) and out-of-pocket expenses approved in
accordance with section 14 and incurred in or in connection with the
provision of those services,
exceeds any amount or
the sum of any amounts paid by or recovered from the person under
section 39.
(2) If a person who is
or has been an assisted person has not paid an amount payable pursuant to a
determination made under this section the amount is recoverable by the
Commission by action in a court of competent jurisdiction as a debt due and
payable to the Commission.
(3) A certificate of
the Director that an amount is due and payable pursuant to a determination
made under this section is prima facie evidence that the amount stated
in the certificate is due and payable to the Commission.
(4) Any amount paid or
recovered under this section shall be credited to the Fund.
[Section 44 amended by No. 90 of 1986
s. 17; No. 49 of 1996 s. 64.]