Victorian Current Acts

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Regard must be had to legal costs incurred in initial action

    (1)     If a payment of provisional damages has been made to an injured person for an asbestos-related condition, a court or a registrar of a court must have regard to the legal costs incurred in respect of the action for those damages (the initial action ) when assessing the amount to be awarded as legal costs in a subsequent action for damages by that person for another asbestos-related condition.

    (2)     The purpose of subsection (1) is to ensure that legal costs awarded in a subsequent action are not in respect of work undertaken for the purposes of the initial action.

    (3)     In considering any possible duplication of legal costs, the court or registrar must have regard to the following factors—

        (a)     any work undertaken in the initial action—

              (i)     to identify the party or parties to be named as defendants; and

              (ii)     to identify the circumstances of the injured person's exposure to asbestos; and

              (iii)     in relation to the negligence or breach of duty of the party or parties to be named as defendants; and

              (iv)     as to the relationship and causal nexus between the injured person's condition and the exposure to asbestos; and

        (b)     any other factors that the court or registrar considers appropriate.

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