MAGISTRATES COURT ACT 1991 - SECT 37
MAGISTRATES COURT ACT 1991 - SECT 37
(1) Subject to this
Act and the rules, costs in any civil proceedings will be in the discretion of
the Court and may be awarded against any person (whether a party to or a
witness in the proceedings or not).
(2) If proceedings are
delayed through the neglect or incompetence of a legal practitioner, the Court
may—
(a)
disallow the whole or part of the costs as between the legal practitioner and
his or her client (and, where appropriate, order the legal practitioner to
repay costs already paid);
(b)
order the legal practitioner to indemnify his or her client or any other party
to the proceedings for costs resulting from the delay;
(c)
order the legal practitioner to pay to the Principal Registrar for the credit
of the Consolidated Account an amount fixed by the Court as compensation for
time wasted.
(3) The Court may not
make an order against a legal practitioner under subsection (2) unless
the Court has informed the practitioner of the nature of the order proposed
and allowed the practitioner a reasonable opportunity to make representations,
and call evidence, in relation to the matter.
(4) If a person who is
summoned to appear as a witness in any proceedings fails, without reasonable
excuse, to appear in obedience to the summons, the Court may order that
person—
(a) to
indemnify the parties to the proceedings for costs resulting from failure to
obey the summons;
(b) to
pay to the Registrar for the credit of the Consolidated Account an amount
fixed by the Court as compensation for time wasted in consequence of the
witness's failure to obey the summons.