Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 19.10

Costs orders against lawyers
(1)
A person may apply for an order under subrule (2) against a lawyer for costs thrown away during a case, for a reason including:

(a)
the lawyer's failure to comply with these Rules or an order;

(b)
the lawyer's failure to comply with a pre-action procedure;

(c)
the lawyer's improper or unreasonable conduct; and

(d)
undue delay or default by the lawyer.

(2)
The court may make an order, including an order that the lawyer:

(a)
not charge the client for work specified in the order;

(b)
repay money that the client has already paid towards those costs;

(c)
repay to the client any costs that the client has been ordered to pay to another party;

(d)
pay the costs of a party; or

(e)
repay another person's costs found to be incurred or wasted.



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