Victorian Current Acts Victorian Current ActsS. 132(1) amended by Nos 33/1994 s. 18(2), 35/1996 s. 453(Sch. 1 item 53.6(a)).
(1) If a legal practitioner for a party to a proceeding, 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—
S. 132(1)(a) amended by No. 35/1996 s. 453(Sch. 1 item 53.6(a)).
(a) 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
S. 132(1)(b) amended by No. 35/1996 s. 453(Sch. 1 item 53.6(a)).
(b) 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
S. 132(1)(c) amended by No. 35/1996 s. 453(Sch. 1 item 53.6(a)).
(c) the legal practitioner pay all or any of the costs payable by any party other than the client.
S. 132(2) amended by Nos 33/1994 s. 18(2), 35/1996 s. 453(Sch. 1 item 53.6(a)).
(2) Without limiting subsection (1), a legal practitioner is in default for the purposes of that subsection if any 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) lodge or deliver any document for the use of the Court which ought to have been lodged or delivered; or
(d) be prepared with any proper evidence or account; or
(e) otherwise proceed.
S. 132(3) amended by No. 35/1996 s. 453(Sch. 1 item 53.6(a)).
(3) The Court must not make an order under subsection (1) without giving the legal practitioner a reasonable opportunity to be heard.
S. 132(4) amended by No. 35/1996 s. 453(Sch. 1 item 53.6(a)).
(4) The Court may order that notice of any proceeding or order against a legal practitioner under this section be given to the client in such manner as the Court directs.
S. 132(5) amended by No. 33/1994 s. 18(2), repealed by No. 35/1996 s. 453(Sch. 1 item 53.6(b)).
* * * * *