Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 279

    (1)     If the legal practitioner for a party to proceedings before a court brought under this Act or the Accident Compensation Act 1985 , whether personally or through a servant or agent, has—

        (a)     without reasonable cause, caused proceedings which could have been brought within the jurisdiction of the Magistrates' Court to be commenced in the County Court; or

        (b)     caused costs to be incurred improperly or without reasonable cause or to be wasted by undue delay or negligence or by any other misconduct or default—

the court may make an order as specified in subsection (2).

    (2)     The court may order that—

        (a)     all or any of the costs between the legal practitioner and the client be disallowed or that the legal practitioner repay to the client the whole or part of any money paid on account of costs; or

        (b)     the legal practitioner pay to the client all or any of the costs which the client has been ordered to pay to any party; or

        (c)     the legal practitioner pay all or any of the costs payable by any party other than the client.

    (3)     Without limiting subsection (1), a legal practitioner is in default for the purposes of that subsection if any proceeding cannot conveniently be heard or proceed, or fails or is adjourned without any useful progress being made, because the legal practitioner failed to—

        (a)     attend in person or by a proper representative; or

        (b)     file any document which ought to have been filed; or

        (c)     lodge or deliver any document for the use of the court which ought to have been lodged or delivered; or

        (d)     be prepared with any proper evidence or account; or

        (e)     otherwise proceed.

    (4)     The court must not make an order under subsection (2) without giving the legal practitioner a reasonable opportunity to be heard.

    (5)     The court may order that notice of any proceeding or order against a legal practitioner under this section be given to the client in such manner as the court directs.

    (6)     This section is to be construed as being in addition to, and not in derogation of, the Civil Procedure Act 2010 , section 78A of the County Court Act 1958 or section 132 of the Magistrates' Court Act 1989 .

        Division 2—Disputes and conciliation

Pt 6 Div. 2 Subdiv. 1 (Heading) inserted by No. 15/2021 s. 13.

Subdivision 1—Preliminary

S. 280 (Heading) amended by No. 44/2014 s. 24(11).

S. 280 amended by No. 15/2021 s. 14.