The proper time to object to separate representation of co-defendants is in advance of, or at, the hearing; raising the objection for the first time in costs submissions after judgment is too late. A contractual right of indemnification for legal costs will ordinarily be reflected in a costs order on the indemnity basis. Where a non-party director has given an undertaking as to a party's costs, the costs order may be made against the director personally under s 98(1)(b) of the Civil Procedure Act 2005 (NSW).
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