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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 308
Nature of compensation orders
308 Nature of compensation orders
(1) A compensation order is an order to compensate the aggrieved person for
loss suffered because of conduct that is the subject of a complaint and
consists of one or more of the orders referred to in subsections (2), (3) and
(4).
(2) A compensation order may include an order that the respondent lawyer
or law practice pay to the aggrieved person, by way of monetary compensation
for the loss, a specified amount not exceeding-- (a) where the compensation
order is made by the designated local regulatory authority--$25 000; or
(b)
where the compensation order is made by the designated tribunal--$25 000 or a
greater amount agreed to with the consent of both the complainant and the
respondent lawyer or law practice.
(3) A compensation order may include an
order that the respondent lawyer or law practice cannot recover or must repay
the whole or a specified part of the amount charged to the aggrieved person by
the lawyer or law practice in respect of specified legal services. An order
under this subsection is effective-- (a) to prevent recovery of an amount even
if proceedings to recover the amount (or any part of it) have been commenced
by or on behalf of the lawyer or law practice; and
(b) to require repayment
of an amount 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 lawyer or
law practice.
(4) A compensation order may include an order discharging a
lien possessed by the lawyer or law practice in respect of a specified
document or class of documents.
(5) A compensation order may specify the
person to whom monetary compensation is payable, whether to the
aggrieved person or to another person on behalf of the aggrieved person.
Note: Section 311 provides that compensation awarded under this Part does not
affect any other remedy available for the loss.
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