LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 303
Costs
LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 303
Costs
303 Costs
(1) The designated tribunal must make orders requiring a lawyer whom it has
found guilty of unsatisfactory professional conduct or professional misconduct
to pay costs (including costs of the designated local regulatory authority and
the complainant), unless the designated tribunal is satisfied that exceptional
circumstances exist.
(2) The designated tribunal may make orders requiring a
lawyer whom it has not found guilty of unsatisfactory professional conduct or
professional misconduct to pay costs (including costs of the designated local
regulatory authority and the complainant), if satisfied that--
(a) the sole or
principal reason why the proceedings were instituted in the designated
tribunal was a failure of the lawyer to cooperate with the designated local
regulatory authority; or
(b) there is some other reason warranting the making
of an order in the particular circumstances.
(3) The designated tribunal may
make orders requiring--
(a) a local regulatory authority; or
(b) a person,
body or fund nominated in relevant jurisdictional legislation for the purposes
of this section--
to pay costs, but may do so only if satisfied that the
lawyer concerned is not guilty of unsatisfactory professional conduct or
professional misconduct and the designated tribunal considers that special
circumstances warrant the making of the orders.
(4) The designated tribunal
may make orders requiring--
(a) a lawyer in respect of whom proceedings are
pending before the designated tribunal; or
(b) a person, body or fund
nominated in relevant jurisdictional legislation for the purposes of this
section--
to pay costs on an interlocutory or interim basis.
(5) An order for
costs--
(a) may be for a specified amount; or
(b) may be for an unspecified
amount but must specify the basis on which the amount is to be determined.
(6) An order for costs may specify the terms on which costs must be paid.
(7)
It is intended that jurisdictional legislation may provide a right of appeal
against or a right of review of the designated tribunal's decision.