New South Wales Consolidated Acts

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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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