A compensation order is made by a disciplinary body (either the Queensland Civil and Administrative Tribunal (QCAT) or Legal Practice Committee (the Committee)).
The Legal Services Commissioner does not have the power to make orders for compensation.
Following disciplinary proceedings against a lawyer, QCAT or the Committee may make a compensation order if it finds that the lawyer’s conduct is found to be either unsatisfactory professional conduct or professional misconduct.
Any compensation ordered is payable by the law practice. Compensation orders are not intended to help you reach your original legal goals. If the conduct of your lawyer has resulted in significant financial losses on your part, you may need to consult another lawyer regarding your rights and remedies to recover costs.
The Commission may assist complainants to seek compensation. To begin the process:
A legal officer from the Commission can assist you in preparing the affidavit or you may wish to have your own legal representative assist you in making a claim for compensation.
Although the Commissioner may assist you with a claim for compensation before a disciplinary body, the Commissioner does not act on your behalf.
Most orders are for financial loss. They may include:
The maximum compensation order for financial loss is $7,500.00. The amount is limited by the Legal Profession Act 2007.
No. An amount awarded by a compensation order does not affect any other legal avenues you may choose to pursue or their outcome. However, the amount awarded will be taken into account in any other legal proceeding relating to the same loss.
When compensation orders are made by QCAT or the Committee, they may be enforced through filing the order in the appropriate court. Once the order has been filed, you can take steps to have the order enforced. The Commission does not assist in the recovery or enforcement of your compensation order. If the firm does not comply with the compensation order you should seek independent legal advice.
If you have any questions or require further information, contact the Legal Services Commission:
Email: lsc@lsc.qld.gov.au
Telephone: 07 3564 7726 (Brisbane)1300 655 754 (outside Brisbane)133 677 (if you require the use of the National Relay Service)131 450 (if you require a translator/interpreter).
