Section 1317GA — Corporations Act 2001: Refund orders—charging ongoing fee after termination of arrangement

(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.