QLDIn ForceAct
Legal Profession Act 2007
sec.465Compensation order relating to pecuniary loss
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### sec.465 Compensation order relating to pecuniary loss
Unless the parties agree, a compensation order that is the type of order mentioned in section 464 (d) must not be made unless the disciplinary body making the order is satisfied—
if there is a complainant in relation to the discipline application—that the complainant has suffered pecuniary loss because of the conduct concerned; and
that it is in the interests of justice that an order of that type be made.
Also, a compensation order of the type mentioned in section 464 (d) for a pecuniary loss for which the relevant complainant has received or is entitled to receive either of the following must not be made—
compensation under an order that has been made by a court;
compensation from the fidelity fund, or a fund of another jurisdiction under a corresponding law of that jurisdiction, if a claim for payment from the fidelity fund or other fund has been made or decided.
(sec.465-ssec.1) Unless the parties agree, a compensation order that is the type of order mentioned in section 464 (d) must not be made unless the disciplinary body making the order is satisfied— if there is a complainant in relation to the discipline application—that the complainant has suffered pecuniary loss because of the conduct concerned; and that it is in the interests of justice that an order of that type be made.
(sec.465-ssec.2) Also, a compensation order of the type mentioned in section 464 (d) for a pecuniary loss for which the relevant complainant has received or is entitled to receive either of the following must not be made— compensation under an order that has been made by a court; compensation from the fidelity fund, or a fund of another jurisdiction under a corresponding law of that jurisdiction, if a claim for payment from the fidelity fund or other fund has been made or decided.
- (a) if there is a complainant in relation to the discipline application—that the complainant has suffered pecuniary loss because of the conduct concerned; and
- (b) that it is in the interests of justice that an order of that type be made.
- (a) compensation under an order that has been made by a court;
- (b) compensation from the fidelity fund, or a fund of another jurisdiction under a corresponding law of that jurisdiction, if a claim for payment from the fidelity fund or other fund has been made or decided.