South Australian Current Acts

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LEGAL SERVICES COMMISSION ACT 1977 - SECT 20

20—Costs

        (1)         A court or tribunal in making an order for costs, or security for costs, in favour of, or against, an assisted person, may not take into account the fact that that person is an assisted person and is for that reason relieved wholly or in part from liability to pay costs.

        (2)         Where legal assistance has been provided for an assisted person the Commission is subrogated to the rights of the assisted person to costs in respect of that legal assistance and any such costs received or recovered by the assisted person or a legal practitioner engaged to provide the legal assistance must be applied in accordance with the directions of the Commission.

        (3)         Where the Commission has instituted proceedings for the recovery of any amount in respect of legal costs, and the Commission is entitled to reimbursement of the costs of the proceedings, the costs will be assessed in all respects as if a legal practitioner had acted for the Commission in the institution and conduct of the proceedings whether or not the Commission in fact engaged a legal practitioner so to act.



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