AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 481

Cost orders of Tribunal

(1)  The Tribunal must make orders requiring an Australian legal practitioner whom it has found guilty of unsatisfactory professional conduct or professional misconduct to pay costs (including costs of the Board and the complainant), unless the Tribunal is satisfied that exceptional circumstances exist.
(2)  The Tribunal may make orders requiring an Australian legal practitioner whom it has not found guilty of unsatisfactory professional conduct or professional misconduct to pay costs (including costs of the Board and the complainant), if the Tribunal is satisfied that –
(a) the sole or principal reason why the proceedings were instituted in the Tribunal was a failure of the Australian legal practitioner to cooperate with the Board or prescribed authority; or
(b) there is some other reason warranting the making of an order in the particular circumstances.
(3)  The Tribunal may make orders requiring the Board to pay costs, but may do so only if satisfied that the Australian legal practitioner concerned is not guilty of unsatisfactory professional conduct or professional misconduct and the Tribunal considers that special circumstances warrant the making of the orders.
(4)  The Tribunal may make an order requiring the complainant to pay costs if the Tribunal is satisfied that the complaint is vexatious, misconceived, frivolous or lacking in substance.
(5)  An order for costs –
(a) may be for a specified amount; or
(b) may be for an unspecified amount but must specify the basis on which the amount is to be determined.
(6)  An order for costs may specify the terms on which costs must be paid.
(7)  The Tribunal may make an order directing that costs be taxed in accordance with the Supreme Court Rules 2000 .
Division 4 - Miscellaneous



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