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Contents (2011 - 37)
Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 20 November 2017 at 06:54)
Part 17 Division 4 Subdivision 6
Subdivision 6 Miscellaneous
137   Liability of legal practitioner or agent for costs in certain cases
(1)  The Registrar may act as set out in subclause (2) if it appears to the Registrar that costs have been incurred improperly or without reasonable cause, or have been wasted by undue delay or by any other misconduct or default.
(2)  The Registrar may in the determination:
(a)  disallow the costs as between the legal practitioner or agent and the practitioner’s or agent’s client, and
(b)  direct the legal practitioner or agent to repay to the client costs that the client has been ordered by a court or the Commission to pay to any other party, and
(c)  direct the legal practitioner or agent to indemnify any party other than the client against costs payable by the party indemnified.
(3)  Before taking action under this clause, the Registrar must give notice of the proposed action to the legal practitioner or agent and the client and give them a reasonable opportunity to make written submissions in relation to the proposed action.
(4)  The Registrar must give due consideration to any submissions so made.
138   Referral of misconduct to Legal Services Commissioner
(1)  If the Registrar considers that any conduct of a legal practitioner or agent involves the deliberate charging of grossly excessive amounts of costs or deliberate misrepresentations as to costs, the Registrar must refer the matter to the Legal Services Commissioner appointed under the Legal Profession Act 2004.
(2)  For the purposes of the Legal Profession Act 2004, the deliberate charging of grossly excessive amounts of costs and deliberate misrepresentations as to costs are each declared to be professional misconduct.
(3)  The Registrar may refer any failure by a legal practitioner to comply with a notice issued under clause 118, or with any other provision of this Division, to the Legal Services Commissioner.