Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 19.51

Lawyer as counsel--party and party costs

             (1)  This rule applies to party and party costs for fees paid or to be paid to a lawyer engaged as counsel.

             (2)  The fees are a necessary expense for a case if:

                     (a)  either:

                              (i)  the case was heard by the Full Court; or

                             (ii)  in any other case--it was reasonable to engage counsel to attend in the case;

                     (b)  for a hearing or trial, counsel:

                              (i)  was present for a considerable part of the hearing or trial; and

                             (ii)  gave substantial assistance during the period to which the fees relate in the conduct of the case; and

                     (c)  the fees are not more than the amount otherwise payable under these Rules for counsel engaged to attend in a case.



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