This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

Clause 358

deals with the costs liability of legal practitioners. This costs provision is broader than the current provisions in that it has been extended to cover all pre-trial processes (that is, proceedings in the County or Supreme Courts prior to the commencement of trial). Subclause (1) applies to legal practitioners for parties to criminal proceedings in the Magistrates' Court or criminal proceedings in the Supreme Court or County Court before the commencement of trial. If such a legal practitioner 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 make an order that—
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
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
the legal practitioner pay all or any of the costs payable by any party other than the client.
Subclause (2) sets out circumstances in which the legal practitioner will be in default for the purposes of subclause (1).