Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 25

Costs liability of legal practitioner

25. Costs liability of legal practitioner



(1) If a legal practitioner for a party in a criminal proceeding to which this
Act applies, whether personally or through a servant or agent, has 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 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.

(2) Without limiting subsection (1), 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)  file any document in court which ought to have been filed; or

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

   (e)  otherwise proceed.

(3) The court must not make an order under subsection (1) without giving the
legal practitioner a reasonable opportunity to be heard.

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