308Nature of compensation orders

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.