Prerequisites to making of compensation orders
535 Prerequisites to making of compensation orders
A compensation order must not be made unless:
(a) the complainant and the Australian legal practitioner agree to it being made; or
the person or body making it is satisfied:
(i) the complainant has suffered loss because of the conduct concerned; and
it is in the interests of justice that the order be made.
(2) Also, 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 determined.
(3) In addition, a compensation order under section 534(2)(c) requiring payment of an amount exceeding $10 000 by way of monetary compensation must not be made unless the complainant and the practitioner both consent to the order.
This Act’s bill:Explanatory statementSecond reading speech
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