Section 1317GA — Corporations Act 2001 (Cth)

(1) 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

(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

(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

(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.

Related sections

• s 1317GAB — Relinquishing the benefit derived and detriment avoided from contravening a civil penalty provision
• s 1317GAC — Civil enforcement of relinquishment order
• s 1317GAD — Meaning of benefit derived and detriment avoided—civil penalty provision
• s 1317GB — Refund orders—contraventions of section 962R or 962S
• s 1317H — Compensation orders—corporation/scheme civil penalty provisions
• s 1317HA — Compensation orders—financial services civil penalty provisions

Research how courts apply s 1317GA

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