(1) The Court or a Registrar may make an order for costs against a lawyer if
the lawyer, or an employee or agent of the lawyer, has caused costs:
- (a)
- to
be incurred by a party or another person; or
- (b)
- to be thrown away;
because of undue delay, negligence, improper conduct or other misconduct or
default.
(2) A lawyer may be in default if a hearing may not proceed
conveniently because the lawyer has unreasonably failed:
- (a)
- to attend, or
send another person to attend, the hearing; or
- (b)
- to file, lodge or deliver a document as required; or
- (c)
- to prepare any proper evidence or information; or
- (d)
- to do any other act necessary for the hearing to proceed.
- (3)
- An order for costs against a lawyer may be made on the motion of the Court
or Registrar, or on application by a party to the proceeding or by another
person who has incurred the costs or costs thrown away.
(4) The order may
provide:
- (a)
- that the costs, or part of the costs, as between the lawyer and
party be disallowed; or
- (b)
- that the lawyer pay the costs, or part of the costs incurred by the other
person; or
- (c)
- that the lawyer pay to the party or other person the costs, or part of the
costs, that the party has been ordered to pay to the other person.
(5) Before making an order for costs, the Court or Registrar:
- (a)
- must give
the lawyer, and any other person who may be affected by the decision, a
reasonable opportunity to be heard; and
- (b)
- may order that notice of the order, or of any proceeding against the
lawyer be given to a party for whom the lawyer may be acting or any other
person.