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.
(1)If a legal practitioner for a party to a proceeding, 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 make an order that—
S. 132(1) amended by Nos 33/1994 s. 18(2), 35/1996 s. 453(Sch. 1 item 53.6(a)).
(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
S. 132(1)(a) amended by No. 35/1996 s. 453(Sch. 1 item 53.6(a)).
(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
S. 132(1)(b) amended by No. 35/1996 s. 453(Sch. 1 item 53.6(a)).
(c)the legal practitioner pay all or any of the costs payable by any party other than the client.
S. 132(1)(c) amended by No. 35/1996 s. 453(Sch. 1 item 53.6(a)).
(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—
S. 132(2) amended by Nos 33/1994 s. 18(2), 35/1996 s. 453(Sch. 1 item 53.6(a)).
(a)attend in person or by a proper representative; or
(b)file any document which ought to have been filed; or
(c)lodge or deliver any document for the use of the Court which ought to have been lodged or delivered; 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.
S. 132(3) amended by No. 35/1996 s. 453(Sch. 1 item 53.6(a)).