Queensland Numbered Acts

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LEGAL PROFESSION ACT 2007 No. 24 - SECT 462

462 Costs

(1) A disciplinary body must make an order requiring a person whom it has found guilty 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 not found guilty 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 is not guilty; 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) In this section--

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



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