Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 443

When compensation order can be made

    (1)     Unless the complainant to a complaint and the Australian legal practitioner against whom a compensation order is made in relation to the complaint agree, a compensation order must not be made unless the entity making the order is satisfied that—

        (a)     the complainant has suffered loss because of the conduct the subject of the complaint; and

        (b)     it is in the interests of justice that the order be made.

Note     A compensation order may be made in relation to a solicitor arising from a complaint about unsatisfactory employment conduct of an employee of the solicitor (see s 429).

    (2)     A compensation order must not be made in relation to any loss for which the complainant has received or is entitled to receive—

        (a)     compensation received or receivable under an order that has been made by a court; or

        (b)     compensation paid or payable from a fidelity fund of any jurisdiction, if a relevant claim for payment from the fund has been made or decided.



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