s.30Money or property recovered in civil proceedings
30
Section 30Part 4 — SELECTION, REMUNERATION, ETC. OF ATTORNEY-AT-LAW

Money or property recovered in civil proceedings

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If, upon conclusion of any proceedings, an assisted person succeeds in obtaining —
an order under section 13 of the Married Women's Property Law (1997 Revision) as to the beneficial ownership of any property;
a money judgement; or
an order for the recovery of any land or other property,
the Director may order the assisted person to pay a contribution or an additional contribution towards the cost of his representation and such contribution shall constitute a debt payable to the Government.
Where any land is recovered as specified under subsection (1), the Director may direct that such land shall stand charged in favour of the Government with the full amount of the contribution the applicant is required to contribute under his certificate less the amount of any contribution paid by him in respect of that certificate at the date of the charge.
Where the Director imposes a charge pursuant to subsection (2) he shall, not less than seven days thereafter, lodge with the Registrar a notice (in a form approved by the Registrar) specifying the land to be charged and certifying that legal aid costs are to be charged on the land.
Where a notice is lodged under subsection (1), the Registrar shall register the notice by entering a charge in the Land Register.
Where a notice is registered in accordance with this section the Director shall inform the assisted person in writing of the action so taken.
If any default is made in the contributions owed by the assisted person, the Government has the same powers of sale over the land charged as are given by the Registered Land Law (2004 Revision) to a chargee under a charge in respect of which default has been made in the payment of principal.
Where the amount secured by a charge registered under this section is paid or recovered or the Director determines that such a charge is no longer required, the Director shall direct the Registrar to remove the charge.
The Registrar shall, on receipt of a request for the removal of a charge register a memorandum of the removal of the charge in the register.
No stamp duty or fee is payable in respect of any notice lodged or action of the Registrar pursuant to this section.
In this section —
"Land Register" means the Land Register compiled under Division 2 of Part II of the Registered Land Law (2004 Revision); and
"Registrar" means the Registrar of Lands appointed under section 5 of the Registered Land Law (2004 Revision).

Defined Terms

Land RegisterRegistrar

Cross References

Referenced By