Costs
529 Costs
(1) The Disciplinary Tribunal must make an order requiring an Australian legal practitioner whom it has found guilty of unsatisfactory professional conduct or professional misconduct to pay costs (including costs of the Law Society and the complainant), unless the Tribunal is satisfied exceptional circumstances exist.
(2) The Tribunal may make an order requiring an Australian legal practitioner whom it has not found guilty of unsatisfactory professional conduct or professional misconduct to pay costs (including costs of the Society and the complainant), if satisfied:
(a) the sole or principal reason why the proceedings were started in the Tribunal was a failure of the practitioner to cooperate with the Society; or
(b) there is some other reason warranting the making of an order in the particular circumstances.
(3) The Tribunal may make an order requiring the Society to pay costs, but may do so only if satisfied the Australian legal practitioner concerned is not guilty of unsatisfactory professional conduct or professional misconduct and the Tribunal considers that special circumstances warrant the making of the order.
(4) The Tribunal may make an order requiring an Australian legal practitioner in relation to whom proceedings are pending before the Tribunal to pay costs on a interlocutory or interim basis.
An order for costs:
may be for a specified amount; or
(b) may be for an unspecified amount but must specify the basis on which the amount is to be determined.
(6) An order for costs may specify the terms on which costs must be paid.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.