Costs liability of representatives
107 Costs liability of representatives
In this section—
professional representative means a legal practitioner or other person who has been engaged or appointed to represent a party to proceedings before the Tribunal (whether personally or through an employee or agent).
If a professional representative acting for a party to proceedings before the Tribunal under this Part (whether personally or through an employee or agent) has caused costs—
to be incurred improperly or without reasonable cause;
or
to be wasted by undue delay or negligence or by any other misconduct or default, the Tribunal may make an order as specified in subsection (3).
The Tribunal may order—
that all or any of the costs between the professional representative and his or her client be disallowed or that the professional representative repay to his or her client the whole or part of any money paid on account of costs;
that the professional representative pay to his or her client all or any of the costs which his or her client has been ordered to pay to any party;
that the professional representative pay all or any of the costs of any party other than his or her client.
Without limiting subsection (2), a professional representative is in default for the purposes of that subsection if any proceedings cannot conveniently be heard or proceed, or fail or are adjourned without any useful progress being made, because the professional representative failed to—
attend in person or by a proper representative; or
file any document which ought to have been filed; or
lodge or deliver any document for the use of the Tribunal which ought to have been lodged or delivered; or
be prepared with any proper evidence or account; or
otherwise proceed.
The Tribunal may not make an order against a professional representative under subsection (3) unless the Tribunal has informed the professional representative of the nature of the order proposed and allowed the professional representative a reasonable opportunity to make representations, and call evidence, in relation to the matter.
The Tribunal may order that notice of any proceedings or order against a professional representative under this section be given to the client in such manner as the Tribunal directs.
The Tribunal's power to make an order under subsection (3) is exercisable by—
a presidential member of the Tribunal; or
another member of the Tribunal who is authorised by a presidential member of the Tribunal to make the particular order.
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