Where a mistrial is caused by the conduct of legal practitioners, the court may order those practitioners to personally indemnify a proportion of the costs ordered against their client's opponent, apportioned according to relative responsibility. The overarching purpose in s 7 of the Civil Procedure Act 2010 (Vic) favours remittal to the original trial judge over a new trial where this avoids the wastage of a lengthy trial, unless there is proper reason for the judge to recuse.
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