(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
(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
(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
(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.