LEGAL PROFESSION ACT 2006 - SECT 433 Costs orders by ACAT

LEGAL PROFESSION ACT 2006 - SECT 433

    (1)     If the ACAT finds an Australian legal practitioner guilty of unsatisfactory professional conduct or professional misconduct, the ACAT must order the practitioner to pay costs (including costs of the relevant council and the complainant), unless the ACAT is satisfied that exceptional circumstances exist.

    (2)     Even if the ACAT does not find an Australian legal practitioner guilty of unsatisfactory professional conduct or professional misconduct, the ACAT may order the practitioner to pay costs (including costs of the relevant council and the complainant), if satisfied that—

        (a)     the only or main reason why the proceeding was started in the ACAT was a failure of the practitioner to cooperate with a council; or

        (b)     there is some other reason justifying the making of an order in the particular circumstances.

    (3)     The ACAT may make orders requiring the relevant council for an Australian legal practitioner to pay costs, but may do so only if satisfied that the practitioner is not guilty of unsatisfactory professional conduct or professional misconduct and the ACAT considers that special circumstances justify the making of the orders.

    (4)     The ACAT may make orders requiring an Australian legal practitioner in relation to whom a proceeding is pending before the ACAT to pay costs on a interlocutory or interim basis.

Note     Alternatively, the ACAT might order that costs be payable from a particular fund (eg a statutory interest account) in these circumstances.

    (5)     An order for costs—

        (a)     may be for a stated amount; or

        (b)     may be for an unstated amount but must state the basis on which the amount is to be decided.

    (6)     An order for costs may state the terms on which costs must be paid.