Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 50A

Costs liability of legal practitioner

50A. Costs liability of legal practitioner



(1) This section is to be construed as being in addition to, and not in
derogation from, section 78A of the County Court Act 1958.

(2) If the legal practitioner for a party to proceedings before the County
Court brought under this Act whether personally or through a servant or agent,
has-

   (a)  without reasonable cause, caused proceedings which could have been
        brought within the jurisdiction of the Magistrates' Court to be
        commenced in the County Court; or





   (b)  caused costs to be incurred improperly or without reasonable cause or
        to be wasted by undue delay or negligence or by any other misconduct
        or default-

the County Court may make an order as specified in subsection (3).

(3) The County Court may order that-

   (a)  all or any of the costs between the legal practitioner and the client
        be disallowed or that the legal practitioner repay to the client the
        whole or part of any money paid on account of costs; or

   (b)  the legal practitioner pay to the client all or any of the costs which
        the client has been ordered to pay to any party; or

   (c)  the legal practitioner pay all or any of the costs payable by any
        party other than the client.

(4) Without limiting subsection (2), a legal practitioner is in default for
the purposes of that subsection if any proceeding cannot conveniently be heard
or proceed, or fails or is adjourned without any useful progress being made,
because the legal practitioner failed to-

   (a)  attend in person or by a proper representative; or

   (b)  file any document which ought to have been filed; or

   (c)  lodge or deliver any document for the use of the Court which ought to
        have been lodged or delivered; or

   (d)  be prepared with any proper evidence or account; or

   (e)  otherwise proceed.

(5) The County Court must not make an order under subsection (3) without
giving the legal practitioner a reasonable opportunity to be heard.

(6) The County Court may order that notice of any proceeding or order against
a legal practitioner under this section be given to the client in such manner
as the County Court directs.