Victorian Current Acts

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SUPREME COURT ACT 1986 - SECT 33ZDA

Group costs orders

    (1)     On application by the plaintiff in any group proceeding, the Court, if satisfied that it is appropriate or necessary to ensure that justice is done in the proceeding, may make an order—

        (a)     that the legal costs payable to the law practice representing the plaintiff and group members be calculated as a percentage of the amount of any award or settlement that may be recovered in the proceeding, being the percentage set out in the order; and

        (b)     that liability for payment of the legal costs must be shared among the plaintiff and all group members.

    (2)     If a group costs order is made—

        (a)     the law practice representing the plaintiff and group members is liable to pay any costs payable to the defendant in the proceeding; and

        (b)     the law practice representing the plaintiff and group members must give any security for the costs of the defendant in the proceeding that the Court may order the plaintiff to give.

    (3)     The Court, by order during the course of the proceeding, may amend a group costs order, including, but not limited to, amendment of any percentage ordered under subsection (1)(a).

    (4)     This section has effect despite anything to the contrary in the Legal Profession Uniform Law (Victoria).

    (5)     In this section—

"group costs order" means an order made under subsection (1);

"legal costs" has the same meaning as in the Legal Profession Uniform Law (Victoria).

S. 33ZE inserted by No. 78/2000 s. 13.



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