Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 40.07

Liability of lawyer to their client for misconduct

         (1)   A party who has reasonable cause to believe that additional costs have been incurred because of the party's lawyer's misconduct, may apply to the Court for an order:

                (a)    that the whole or part of the costs as between the lawyer and the party be disallowed; or

               (b)    if the lawyer is a barrister -- that the whole or part of the costs as between the barrister and the barrister's instructing lawyer be disallowed; or

                (c)    that the lawyer pay to the party costs that the party has been ordered to pay to another party; or

               (d)    that the lawyer indemnify any other party against any costs payable by that party.

         (2)   For this rule, a lawyer has engaged in misconduct if:

                (a)    a proceeding or an application is delayed, adjourned or abandoned because of the lawyer's failure:

                          (i)    to attend or make arrangements for a proper representative to attend a hearing; or

                         (ii)    to file a relevant document; or

                        (iii)    to provide the Court or another party with a relevant document; or

                        (iv)    to be prepared for a hearing; or

                         (v)    to comply with these rules or an order of the Court; or

               (b)    the lawyer:

                          (i)    incurs costs improperly or without reasonable cause; or

                         (ii)    incurs costs that are unnecessary or wasteful; or

                        (iii)    is guilty of undue delay.

Note 1     Lawyer is defined in the Dictionary.

Note 2    For the duty of a party's lawyer to assist the party to conduct proceedings in accordance with the overarching purpose of the Act, see section 37N (2) of the Act.

Note 3    For the power of the Court to order a lawyer to pay costs if the lawyer fails to comply with the duty under section 37N (2) of the Act, see section 37N (4) of the Act.

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