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s 40.30

Costs not to be allowed on taxation

In force
Chapter 5Judgments, costs and other general provisions
Part 40Costs
Division 40.2Taxation of costs

40.30 Costs not to be allowed on taxation

A taxing officer is not to allow:

(a)

barrister’s fees on a hearing if the barrister:

(i)

was not present at the hearing for a substantial amount of the relevant period; or

(ii)

did not give substantial assistance in the conduct of the proceeding; and

(b)

costs that in the opinion of the taxing officer have been incurred or increased:

(i)

through impropriety, unreasonableness or negligence; or

(ii)

through overcaution; or

(iii)

by agreeing:

(A)

special fees to counsel; or

(B)

special charges or expenses to witnesses or other persons; or

(iv)

by other unnecessary expense.

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