What court proceeding costs is a legally assisted person taken to be entitled to, or responsible for, for the purpose of costs orders
30 What court proceeding costs is a legally assisted person taken to be entitled to, or responsible for, for the purpose of costs orders
This section applies if a legally assisted person is or was a party to a court proceeding and for the purpose of—
the court making or enforcing an order for costs, or deciding the entitlement to costs, in the proceeding; or
the taxing of costs payable to the person under the order or decision.
The legally assisted person is taken to be responsible for paying—
the professional costs normally payable for the legal services given to the person in relation to the proceeding; and
any disbursements, including barristers’ fees, and out-of-pocket expenses reasonably incurred in giving the services.
The fact that a party to a proceeding is a legally assisted person does not affect—
the rights or liabilities of the party or another party to the proceeding; or
the court’s discretion to make an order for costs.
Example 1—Judgment is given in favour of a legally assisted person against an unassisted person—a costs order may be made in favour of the legally assisted person as though the first person were not a legally assisted person.
Example 2—Judgment is given against a legally assisted person in favour of an unassisted person—a costs order may be made in favour of the unassisted person as though the first person were not a legally assisted person.
On the taxation of costs payable under the terms of a judgment, order or settlement of a proceeding or claim to a legally assisted person, a disbursement item, whether for barristers’ fees or otherwise, must not be disallowed merely because the amount has not been paid before the taxation.
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