FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 40.07 Liability of lawyer to their client for misconduct
FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 40.07
Liability of lawyer to their client for misconduct(1) A party who has reasonable cause to believe that additional costs have been incurred because of the party's lawyer's misconduct, may apply to the Court for an order:
(a) that the whole or part of the costs as between the lawyer and the party be disallowed; or
(b) if the lawyer is a barrister -- that the whole or part of the costs as between the barrister and the barrister's instructing lawyer be disallowed; or
(c) that the lawyer pay to the party costs that the party has been ordered to pay to another party; or
(d) that the lawyer indemnify any other party against any costs payable by that party.
(2) For this rule, a lawyer has engaged in misconduct if:
(a) a proceeding or an application is delayed, adjourned or abandoned because of the lawyer's failure:
(i) to attend or make arrangements for a proper representative to attend a hearing; or
(ii) to file a relevant document; or
(iii) to provide the Court or another party with a relevant document; or
(iv) to be prepared for a hearing; or
(v) to comply with these rules or an order of the Court; or
(b) the lawyer:
(i) incurs costs improperly or without reasonable cause; or
(ii) incurs costs that are unnecessary or wasteful; or
(iii) is guilty of undue delay.
Note 1 Lawyer is defined in the Dictionary.
Note 2 For the duty of a party's lawyer to assist the party to conduct proceedings in accordance with the overarching purpose of the Act, see section 37N (2) of the Act.
Note 3 For the power of the Court to order a lawyer to pay costs if the lawyer fails to comply with the duty under section 37N (2) of the Act, see section 37N (4) of the Act.