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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

SECTION 1317GA  REFUND ORDERS - CONTRAVENTION OF SECTION 962P  

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1317GA(1)  

A Court may order that a person (the 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.


 



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