The probable inability of an appellant to pay the respondent's costs of an appeal constitutes 'special circumstances' under r 64.24(2) of the Supreme Court Rules. A solicitor practising as an employee of a corporation is entitled to have his or her work taxed on the same basis as an independent solicitor, and the definition of 'legal costs' in s 1.2.1(1) of the Legal Profession Act 2004 (Vic) does not appear to restrict the court's power to award costs under s 24 of the Supreme Court Act 1986 (Vic). The question of the precise effect of the Legal Profession Act 2004 definition on the traditional employee solicitor costs principle was left open.
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