Federal Court Rules 2011

A party who has reasonable cause to believe that additional costs have been incurred because of the party’s lawyer’s misconduct, may apply to the Court for an order:

that the whole or part of the costs as between the lawyer and the party be disallowed; or

if the lawyer is a barrister—that the whole or part of the costs as between the barrister and the barrister’s instructing lawyer be disallowed; or

that the lawyer pay to the party costs that the party has been ordered to pay to another party; or

that the lawyer indemnify any other party against any costs payable by that party.

For this rule, a lawyer has engaged in misconduct if:

a proceeding or an application is delayed, adjourned or abandoned because of the lawyer’s failure:

to attend or make arrangements for a proper representative to attend a hearing; or

to file a relevant document; or

to provide the Court or another party with a relevant document; or

to be prepared for a hearing; or

to comply with these rules or an order of the Court; or

the lawyer:

incurs costs improperly or without reasonable cause; or

incurs costs that are unnecessary or wasteful; or

is guilty of undue delay.

Lawyer is defined in the Dictionary.

For the duty of a party’s lawyer to assist the party to conduct proceedings in accordance with the overarching purpose of the Act, see section 37N(2) of the Act.

For the power of the Court to order a lawyer to pay costs if the lawyer fails to comply with the duty under section 37N(2) of the Act, see section 37N(4) of the Act.