Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 462

462 Costs

(1) A disciplinary body must make an order requiring a person whom it has found to have engaged in prescribed conduct to pay costs, including costs of the commissioner and the complainant, unless the disciplinary body is satisfied exceptional circumstances exist.

(2) A disciplinary body may make an order requiring a person whom it has found not to have engaged in prescribed conduct to pay costs, including costs of the commissioner and the complainant, if the disciplinary body is satisfied that—

(a) the sole or principal reason why the proceeding was started in the disciplinary body was the person’s failure to cooperate with the commissioner or a relevant regulatory authority; or

(b) there is some other reason warranting the making of an order in the particular circumstances.

(3) Without limiting subsection (2) , a disciplinary body that makes an order under section 460 may make a further order requiring an Australian legal practitioner, in relation to whom the order under section 460 relates, to pay costs in relation to the order.

(4) A disciplinary body may make an order requiring the commissioner to pay costs, but may do so only if it is satisfied that—

(a) the Australian legal practitioner or law practice employee has not engaged in prescribed conduct; and

(b) the body considers that special circumstances warrant the making of the order.

(5) An order for costs—

(a) may be for a stated amount; or

(b) may be for an unstated amount but must state the basis on which the amount must be decided.

(6) An order for costs may state the terms on which costs must be paid.

(7) The only other circumstances in which the tribunal exercising its jurisdiction in relation to a disciplinary application may award costs are the circumstances stated in the QCAT Act , section 103 or 104 .

Note—

See the QCAT Act , sections 106 to 109 for provisions about the tribunal awarding costs.

(8) In this section—

"engaged in prescribed conduct" means engaged in unsatisfactory professional conduct or professional misconduct, or engaged in misconduct in relation to a relevant practice, as mentioned in section 456 (1) or 458 (1) .