Victorian Current Acts Victorian Current Acts(1) A party to a complaint that involves a costs dispute may apply to VCAT to determine the costs dispute if—
(a) the total amount of legal costs in dispute is not more than $25 000 (indexed); and
(b) the parties have been informed by the Victorian Commissioner under section 291(2) or 293(1) of the Legal Profession Uniform Law (Victoria) of their right to apply to VCAT under this section.
(2) An application under subsection (1) must be made within 60 days after the Victorian Commissioner informs the parties under section 291(2) or 293(1) of the Legal Profession Uniform Law (Victoria) of their right to apply to VCAT under this section.
(3) VCAT is to determine a costs dispute on an application under subsection (1).
(4) In determining a costs dispute, VCAT may make—
(a) an order specifying the amount payable as legal costs (including a nil amount), which cannot be more than $25 000 (indexed); and
(b) any of the following orders—
(i) an order cautioning the respondent or a legal practitioner associate of the respondent law practice;
(ii) an order requiring an apology from the respondent or a legal practitioner associate of the respondent law practice;
(iii) an order requiring the respondent to redo the work that is the subject of the costs dispute at no cost or to waive or reduce the fees for the work;
(iv) an order requiring the respondent Australian legal practitioner, or the respondent law practice to arrange for a legal practitioner associate of the law practice, to undertake training, education, counselling or to be supervised;
(v) a compensation order against the law practice in accordance with Part 5.5 of the Legal Profession Uniform Law (Victoria).
(5) An order under subsection (4)(a) is to be based on VCAT's assessment of what is fair and reasonable in all the circumstances.
(6) In considering what is fair and reasonable in all the circumstances, VCAT must have regard to section 200 of the Legal Profession Uniform Law (Victoria).
(7) A failure to comply with an order under this section is capable of constituting unsatisfactory professional conduct or professional misconduct on the part of—
(a) any principal of a respondent law practice; and
(b) any lawyer involved in the contravention.
(8) For the purposes of this section, Part 5.5 of the Legal Profession Uniform Law (Victoria) applies, with any necessary modifications, in the same way as it applies in relation to section 290 of the Legal Profession Uniform Law (Victoria).
(9) Despite anything to the contrary in Part 4.3
of the Legal Profession Uniform Law (Victoria), legal costs that are or have
been the subject of a costs dispute that has been determined by VCAT under
this section may not be the subject of a costs assessment under Division 7 of
that Part except to the extent that the designated local regulatory authority
arranges for a costs assessment under section 284 of that Law.
Part 7—Professional indemnity insurance
Division 1—Legal Practitioners' Liability Committee