Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 535

Prerequisites to making of compensation orders

    (1)     A compensation order must not be made unless:

        (a)     the complainant and the Australian legal practitioner agree to it being made; or

        (b)     the person or body making it is satisfied:

            (i)     the complainant has suffered loss because of the conduct concerned; and

            (ii)     it is in the interests of justice that the order be made.

    (2)     Also, a compensation order must not be made in relation to any loss for which the complainant has received or is entitled to receive:

        (a)     compensation received or receivable under an order that has been made by a court; or

        (b)     compensation paid or payable from a Fidelity Fund of any jurisdiction, if a relevant claim for payment from the Fund has been made or determined.

    (3)     In addition, a compensation order under section 534(2)(c) requiring payment of an amount exceeding $10 000 by way of monetary compensation must not be made unless the complainant and the practitioner both consent to the order.



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