Where a client has not waived legal professional privilege, a court may be unable to determine whether default in prosecuting an appeal was attributable to the solicitor or the client, and the threshold for a costs order against the solicitor under s 99(1) of the Civil Procedure Act 2005 (NSW) may not be met. An appeal may be dismissed for want of prosecution under Pt 12 r 12.7 where there has been serious non-compliance with the Rules and Registrar's directions, including failure to file written submissions, a red appeal book, and particulars of the notice of appeal.
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