WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 265

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 265

265 .         Costs unreasonably incurred by representative

        (1)         If in any proceeding before a dispute resolution authority or in any matter under this Act which is resolved by agreement, costs are incurred improperly or without reasonable cause or are wasted by undue delay or by any other misconduct or default, of a legal practitioner or agent representing a party (the representative ), a dispute resolution authority may make an order —

            (a)         disallowing the costs, as between the representative and the client; and

            (b)         directing the representative to repay the client costs which the client has been ordered to pay to any other party to the proceeding; and

            (c)         directing the representative personally to indemnify any other person than the client against costs payable by the person indemnified.

        (2)         A dispute resolution authority may by order exempt any costs or proportion of any costs from the operation of this section if of the opinion that it would be unjust not to do so because the representative concerned made all reasonable efforts to avoid unnecessary litigation in the proceeding or for any other reason should not be held responsible for the incurring of the costs concerned.

        [Section 265 inserted: No. 42 of 2004 s. 130.]