Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 1 - The Court may make declarations of contravention, pecuniary penalty orders, relinquishment orders, refund orders and compensation orders  

SECTION 1317GA   REFUND ORDERS - CONTRAVENTION OF SECTION 962P  

1317GA(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

1317GA(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

1317GA(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

1317GA(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.