Queensland Consolidated Acts

LEGAL AID QUEENSLAND ACT 1997 - SECT 32

32 Legal Aid may pay costs awarded against legally assisted person

(1) This section applies if—

(a) a legally assisted person is a party to a court proceeding for which the legal assistance is given; and

(b) the court makes an order in the proceeding directing the person to pay costs incurred by another party to the proceeding.

(2) The legally assisted person or the other party may, by written notice, ask Legal Aid to pay to the other party, for the legally assisted person, an amount representing all or part of the costs mentioned in subsection (1) (b) .

(3) Legal Aid may decide to pay the amount requested if—

(a) Legal Aid considers it just and equitable for Legal Aid to pay the amount; and

(b) Legal Aid considers that the person who made the request will suffer substantial hardship if Legal Aid does not pay it.

(4) Legal Aid may—

(a) make payment of the amount conditional on the legally assisted person—

(i) reimbursing Legal Aid for the amount, whether by instalments or a lump sum payment; and

(ii) securing the reimbursement by a charge or mortgage, with or without interest charged; or

(b) after paying the amount, ask the legally assisted person to reimburse Legal Aid for the amount, whether by instalments or a lump sum payment.

(5) An amount paid by Legal Aid under this section is taken to have been paid by the legally assisted person.

(6) In this section—

"costs" , incurred by another party to a proceeding means, if the legally assisted person is assisted for part only of a proceeding, the proportion of the costs attributable to the part of the proceeding.

"legally assisted person" includes a litigation guardian of a legally assisted person.