41Referral fees

#### 41 Referral fees 41 Referral fees > > (1) An Australian legal practitioner has a duty not to receive consideration for referring a claimant (who is represented by the Australian legal practitioner) to a person for the purposes of a service being provided in respect of the claimant’s claim. > > > (2) An Australian legal practitioner is taken to receive consideration if a close associate of the Australian legal practitioner receives the consideration. > > > (3) An Australian legal practitioner has a duty not to give consideration for the referral of a person to the Australian legal practitioner for the purposes of the Australian legal practitioner representing the person in relation to a claim. > > > (4) An Australian legal practitioner is taken to give consideration if a close associate or close relative of the Australian legal practitioner gives the consideration. > > > (5) In this clause— > > > > close associate of an Australian legal practitioner means— > > > > > (a) an employer of the Australian legal practitioner (including, if the employer is a corporation, a director of the corporation), or > > > > > (b) a partner, or a close relative of the partner, of a law firm of which the Australian legal practitioner is also a partner, or > > > > > (c) an employee or agent of the Australian legal practitioner or of a person referred to in paragraph (a) or (b), or > > > > > (d) a close relative of the Australian legal practitioner. > > > > close relative of a person means— > > > > > (a) a spouse or de facto partner of the person, or > > > > > (b) a parent, grandparent, child or step-child of the person, or > > > > > (c) a sibling (including a half-sister, half-brother and step-sibling) of the person, or > > > > > (d) an aunt, uncle, cousin, niece or nephew of the person. > > > > consideration includes a fee or any other financial benefit but does not include hospitality that is reasonable in the circumstances. > > **cl 41:** Ins 2017 (639), Sch 1 \[3\].