In fixing a GCO percentage under s 33ZDA(1), the Court will have regard to GCO percentages approved in comparable proceedings as a relevant measure, particularly where the costs agreement obliges the solicitors to continue acting if any GCO is made regardless of the percentage. The overarching obligations under s 24 of the Civil Procedure Act 2010 (Vic) and s 172(1) of the Uniform Law to ensure costs are reasonable and proportionate apply at the time of fixing the initial GCO percentage, not merely at later review under s 33ZDA(3). The percentage fixed under s 33ZDA(1) creates a practical default from which departure must be justified.
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