Corporations Act 2001
A Court may order that a a person who is a fee recipient refund a fee paid to the fee recipient by another person (the client ) if the Court is satisfied that: (a) the fee recipient knowingly or recklessly contravened section 962Z in charging the client the fee (charging ongoing fee after termination of ongoing fee arrangement); and (b) it is reasonable in all the circumstances to make the order.
Note: An order may be made under this subsection whether or not a declaration of contravention has been made under section 1317E .
Applications for order
1317GA(2)
The Court may make the order under this section: (a) on its own initiative, during proceedings before the Court; or (b) on application by ASIC; or (c) on the application of the client.
When order may be made
1317GA(3)
The Court must not make an order under this section in relation to fees paid more than 6 years before the proceedings for the order are commenced.
Recovery of amount as a debt
1317GA(4)
If the Court makes an order that the fee recipient refund an amount specified in the order to the client, the client may recover the amount as a debt due to the client.
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