South Australian Current Acts South Australian Current Acts (1) The Tribunal may
make such orders as to costs against any person on whose application an
inquiry has been held, or against any legal practitioner or former
legal practitioner whose conduct has been subject to inquiry, as the Tribunal
considers just and reasonable.
(1a) If—
(a) the
Commissioner has laid a charge under section 82 alleging
unsatisfactory professional conduct or professional misconduct on the part of
a legal practitioner or former legal practitioner who has refused to consent
to the exercise of a power by the Commissioner under section 77J in
relation to the alleged unsatisfactory professional conduct or
professional misconduct; and
(b)
the Tribunal finds the legal practitioner or former legal practitioner guilty
of unsatisfactory professional conduct or professional misconduct; and
(c)
the Tribunal considers that the refusal of the legal practitioner or former
legal practitioner to consent to the exercise of the power by the Commissioner
was unreasonable,
the Tribunal may order the legal practitioner or former legal practitioner to
reimburse the Commissioner for costs incurred by the Commissioner in the
conduct of the proceedings except to the extent that the legal practitioner or
former legal practitioner shows them to have been unreasonably incurred.
(2) Costs of
proceedings before the Tribunal may be adjudicated in the Supreme Court.
(3) Where the Tribunal
has ordered payment of a fine or costs, a certificate of the fine or costs
must be filed in the Supreme Court.
(4) Where a
certificate has been filed under subsection (3), proceedings may be taken
for the recovery of the fine or costs as if the certificate were a judgment of
the Supreme Court.