Western Australian Numbered Acts Western Australian Numbered Acts (1) A compensation
order is an order made to compensate a person (the
"aggrieved person") for loss suffered because of conduct of an Australian
legal practitioner that is the subject of a complaint by that person or is
investigated by the Complaints Committee of its own initiative.
(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 aggrieved person 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 aggrieved person, 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 —
(a)
$25 000, except where paragraph (b) applies; or
(b)
$10 000, where the order is made by the Complaints Committee,
is not to be made
unless the aggrieved person and the practitioner both consent to the order.