SECTION 1317GA REFUND ORDERS - CONTRAVENTION OF SECTION 962P
(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
(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
Recovery of amount as a debt
S 1317GA inserted by No 67 of 2012, s 3, Sch 1 (effective 1 July 2012).