South Australian Consolidated Acts

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LEGAL PRACTITIONERS ACT 1981 - SECT 77A

77A—Investigation of allegation of overcharging

        (1)         Subject to subsection (2), if a complaint of overcharging is made against a legal practitioner, the Board must, unless the Board is of the opinion that the complaint is frivolous or vexatious, investigate the complaint.

        (2)         The Board may require a complainant to pay a reasonable fee, fixed by the Board, for investigation of the complaint and decline to proceed with the investigation unless the fee is paid.

        (3)         For the purposes of an investigation the Board may, by notice in writing—

            (a)         require the legal practitioner to make a detailed report to the Board, within the time specified in the notice, on the work carried out for the complainant;

            (b)         require the legal practitioner to produce to the Board, within the time specified in the notice, documents relating to the work.

        (4)         A legal practitioner must comply with a requirement under subsection (3).

Maximum penalty: $10 000 or imprisonment for 1 year.

        (5)         At the conclusion of the investigation the Board

            (a)         must report to the complainant and the legal practitioner on the results of the investigation; and

            (b)         may recommend that the legal practitioner reduce a charge or refund an amount to the claimant.

Subdivision 5—Conciliation



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