AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 491

Compensation orders

(1)  A compensation order is an order, made in respect of a complaint against an Australian legal practitioner, to compensate the complainant for loss suffered because of conduct that is the subject of the complaint.
(2)  A compensation order consists of one or more of the following:
(a) an order that the practitioner cannot recover or must repay the whole or a specified part of the amount charged to the complainant by the practitioner in respect of specified legal services;
(b) an order discharging a lien possessed by the practitioner in respect of a specified document or class of documents;
(c) an order that the practitioner pay to the complainant, by way of monetary compensation for the loss, a specified amount.
(3)  A compensation order under subsection (2)(a) preventing recovery of an amount is effective even if proceedings to recover the amount (or any part of it) have been commenced by or on behalf of the practitioner.
(4)  A compensation order under subsection (2)(a) requiring repayment of an amount is effective even if a court has ordered payment of the amount (or an amount of which it is part) in proceedings brought by or on behalf of the practitioner.
(5)  A compensation order under subsection (2)(c) requiring payment of an amount exceeding $10 000 by way of monetary compensation is not to be made unless the complainant and the practitioner both consent to the order.



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