Court Procedures Rules 2006

This rule applies to a legal practitioner acting for a party to a proceeding if—

the hearing of the proceeding, or an application in the proceeding, did not proceed, and a party to the proceeding incurred costs, because the practitioner—

failed to attend the hearing either personally or by someone on his or her behalf; or

failed to file a document; or

failed to deliver a document or thing necessary for use in the hearing; or

failed to do anything else required to be done under these rules or in accordance with the practice of the court; or

a party to the proceeding incurred costs because of the delay, misconduct or negligence of the practitioner.

The court may order the legal practitioner—

to repay to a party all or part of any costs ordered to be paid by the party to another party because of the practitioner’s conduct; or

to pay the costs incurred by any party because of the practitioner’s conduct.

Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

The court may, on its own initiative, order the legal practitioner not to charge the practitioner’s client costs in relation to all or any part of the proceeding if justice requires it.