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FAMILY LAW RULES 20042003 No. 375 - RULE 19.51
Lawyer as counsel — party and party costs
- (1)
- This rule applies to party and party costs for fees paid or to be paid to
a lawyer engaged as counsel.
- (2)
- The fees are a necessary expense for a
case if:
- (a)
- either:
- (i)
- the case was heard by the Full Court; or
- (ii)
- in any other case — it was reasonable to engage counsel to
attend in the case;
- (b)
- for a hearing or trial, counsel:
- (i)
- was present for a considerable part of the hearing or trial; and
- (ii)
- gave substantial assistance during the period to which the fees relate in
the conduct of the case; and
- (c)
- the fees are not more than the amount otherwise payable under these Rules
for counsel engaged to attend in a case.
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