Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if a legally assisted person is or was a party to a court proceeding and for the purpose of--
(a) the court making or enforcing an order for costs, or deciding the entitlement to costs, in the proceeding; or
(b) the taxing of costs payable to the person under the order or decision.
(2) The legally assisted person is taken to be responsible for paying--
(a) the professional costs normally payable for the legal services given to the person in relation to the proceeding; and
(b) any disbursements, including barristers' fees, and out-of-pocket expenses reasonably incurred in giving the services.
(3) The fact that a party to a proceeding is a legally assisted person does not affect--
(a) the rights or liabilities of the party or another party to the proceeding; or
(b) the court's discretion to make an order for costs.
Example 1--
Judgment is given in favour of a legally assisted person against an unassisted person--a costs order may be made in favour of the legally assisted person as though the first person were not a legally assisted person.
Example 2--
Judgment is given against a legally assisted person in favour of an unassisted person--a costs order may be made in favour of the unassisted person as though the first person were not a legally assisted person.
(4) On the taxation of costs payable under the terms of a judgment, order or settlement of a proceeding or claim to a legally assisted person, a disbursement item, whether for barristers' fees or otherwise, must not be disallowed merely because the amount has not been paid before the taxation.