Victorian Consolidated Regulations

SUPREME COURT (CRIMINAL PROCEDURE) RULES 2008 - SECT 4.08.

Costs liability

4.08. Costs liability



(1) In this Rule costs thrown away means such amount as the Judge of the Court
who hears any application or before whom a case is listed for trial determines
(upon such information, evidence or material as that Judge may consider
appropriate) to be in all the circumstances a reasonable quantification of the
costs and expenses (including witness expenses and counsel's fees) incurred by
the person in whose favour an order may be made under this Rule and thrown
away as a result of the relevant failure.





(2) If a solicitor fails to comply with Rule 4.02, 4.05 or 4.07(2) and if the
Court is satisfied that such a failure is not excusable, the Court may order
that the solicitor pay to the DPP or to any co-accused person any costs thrown
away as a result of the failure.

(3) A solicitor who has informed the CTLD that the solicitor will act for an
accused person at the accused person's trial and at the trial fails to do so,
if the Court is satisfied that such failure was not excusable, may be ordered
to pay to the DPP or any co-accused person any costs thrown away as a result
of the failure.