Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 48

Costs

48. Costs



(1) Where-





   (a)  legal assistance is provided under this Act to a person in relation to
        a proceeding (including a cross-proceeding) in a court or before a
        tribunal; and

   (b)  the court or tribunal makes an order in the proceeding directing the
        assisted person to pay costs incurred by another party to the
        proceeding-

either the assisted person or that other party may request VLA to pay to that
other party on behalf of the assisted person an amount representing the whole
or a part of the costs that the assisted person was so directed to pay.

(2) Subject to subsection (3), VLA shall pay so much (if any) of the amount
requested to be paid as VLA considers just and equitable.

(3) VLA shall not pay an amount in respect of costs incurred in a proceeding
at first instance unless it appears to VLA that the person who made the
request will suffer substantial hardship if that amount is not paid by VLA.

(4) Subject to subsection (6), any amount paid by VLA under this section shall
be deemed to have been paid by the assisted person.



(5) Where a person is legally assisted in connexion with part only of any
proceeding, the reference in this section to the costs of the other party in
that proceeding is a reference to so much of those costs as is attributable to
that part.

(6) If VLA agrees to pay an amount in respect of costs under subsection (2),
VLA may require the assisted person-





   (a)  to reimburse VLA for the whole or part of the amount paid under
        subsection (2); and



   (b)  to secure the reimbursement in any manner that VLA thinks fit.





   (c)  pay interest on the reimbursement at any time and upon any terms and
        conditions determined by VLA.





(7) VLA may not require the payment of interest under subsection (6)(c) at a
rate which exceeds 70% of the rate fixed under section 2 of the
Penalty Interest Rates Act 1983.



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