A self-represented solicitor's professional fees or time records do not constitute evidence of 'financial loss or other loss' for the purposes of compensation under s 29(1)(c) of the Civil Procedure Act 2010 (Vic), as professional fees conflate charges with loss and include a material element of profit. Compensation under s 29(1)(c) requires a counterfactual analysis of what position the applicant would have been in but for the impugned conduct, and the magistrate must evaluate the relative impact of the conduct of all parties on the proceedings and loss. The test for proper basis under s 18(d) of the CPA is one of reasonable belief based on the factual and legal material available at the time.
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