Victorian Current Acts

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Costs liability of legal practitioner

    (1)     If a legal practitioner for a party to—

        (a)     a criminal proceeding in the Magistrates' Court; or

        (b)     a criminal proceeding in the Supreme Court or the County Court before the commencement of trial—

whether personally or through a servant or agent, has caused costs to be incurred improperly or without reasonable cause or to be wasted by undue delay or negligence or by any other misconduct or default, the court may make an order that—

        (c)     all or any of the costs between the legal practitioner and the client be disallowed or that the legal practitioner repay to the client the whole or part of any money paid on account of costs; or

        (d)     the legal practitioner pay to the client all or any of the costs which the client has been ordered to pay to any party; or

        (e)     the legal practitioner pay all or any of the costs payable by any party other than the client.

    (2)     Without limiting subsection (1), a legal practitioner is in default for the purposes of that subsection if a proceeding cannot conveniently be heard or proceed, or fails or is adjourned without any useful progress being made, because the legal practitioner failed to—

        (a)     attend in person or by a proper representative; or

        (b)     file any document which ought to have been filed; or

        (c)     file any document in court which ought to have been filed; or

        (d)     lodge or deliver any document for the use of the court which ought to have been lodged or delivered; or

        (e)     be prepared with any proper evidence or account; or

        (f)     otherwise proceed.

    (3)     The court may order that notice of a proceeding or order against a legal practitioner under this section may be given to the client in any manner that the court directs.

Ch. 8 Pt 8.4 renumbered as Ch. 8 Pt 8.5 by No. 68/2009 s. 52(x).

Part 8.5—Miscellaneous

S. 359 renumbered as s. 411 by No. 68/2009 s. 52(y).

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