Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 189

Costs order against lawyer acting without reasonable prospects of success

    (1)     If the court in which a pleading has been signed in relation to a claim for damages considers that legal services were provided by a lawyer for a client on the claim, or in defence of the claim, without the claim or defence having reasonable prospects of success, the court may (on its own initiative or on the application of a party to the proceeding) make either or both of the following orders:

        (a)     an order directing the lawyer to repay to the client (or to pay) all or part of the costs that the client has been ordered to pay to another party;

        (b)     an order directing the lawyer to indemnify a party other than the client against all or part of the costs payable by that party.

    (2)     The Supreme Court may, on its own initiative or on the application of a party to the action, make any order that the court considers necessary for this section.

    (3)     An application for an order under this section cannot be made after the court concerned (or a taxing officer) has made a final decision about the costs payable in the action.

    (4)     A lawyer is not entitled to demand, recover or accept from a client any part of the costs for which the lawyer is directed to indemnify a party under an order under this section.



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