Western Australian Consolidated Acts

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LEGAL PROFESSION ACT 2008 - SECT 449

449 .         Prerequisites to making of compensation orders

        (1)         Unless the aggrieved person and the Australian legal practitioner concerned agree, a compensation order is not to be made unless the Complaints Committee or State Administrative Tribunal is satisfied —

            (a)         that the aggrieved person has suffered loss because of the conduct concerned; and

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

        (2)         A compensation order is not to be made in respect of any loss for which the aggrieved person 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 the Guarantee Fund or from a fidelity fund of any jurisdiction, where a relevant claim for payment from the fund has been made or determined.



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