Orders for legal costs
63.34.2 Orders for legal costs
If an Australian lawyer provides legal assistance to an assisted party in a proceeding on a pro bono basis, the Court may make, in favour of the assisted party, any order for the recovery of the costs of the legal assistance that the Court might have made had the legal assistance been provided not on a pro bono basis but on the basis that the assisted party was under an obligation to pay for the legal assistance in the ordinary way.
When making a pro bono costs order, the Court may order that a party or other person against whom the pro bono costs order is made, pay the costs, including any disbursements incurred by the Australian lawyer acting on a pro bono basis, directly to the Australian lawyer instead of to the assisted party.
A payment made to an Australian lawyer acting on a pro bono basis pursuant to an order made under paragraph (2) satisfies the pro bono costs order in favour of the assisted party to the extent of that payment.
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