(1)

This rule applies to costs as between lawyer and client if:

(a)

an amount is claimed for counsel's fees; and

(b)

the lawyer performing the work of counsel is:

(i)

another lawyer instructed by the lawyer for the client; or

(ii)

also performing the work of solicitor for the client.

(2) The fees for counsel are properly incurred if:

(a)

either:

(i)

the case was heard by the Full Court; or

(ii)

in any other case:

(A) it was reasonable to engage a lawyer to attend as counsel in the case; or
(B) the client asked that a lawyer be engaged to attend as counsel in the case; and

(b)

the fees are reasonable and are not more than the amount otherwise payable under these Rules for counsel to attend.