Western Australian Numbered Acts

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LEGAL PRACTICE ACT 2003 (NO. 64 OF 2003) - SECT 191

191 .         Costs and expenses

        (1)         The Disciplinary Tribunal may order that a legal practitioner who is a party to proceedings before the Tribunal pay all or part of —

            (a)         the costs of the party referring the matter or applying to the Tribunal, in respect of proceedings before the Tribunal; and

            (b)         the costs of either or both the complainant or the Complaints Committee, in respect of the inquiry before the Complaints Committee.

        (2)         The Disciplinary Tribunal may make an order under subsection (1) even though a finding is not made against the legal practitioner where it appears to the Tribunal that the conduct of the legal practitioner concerned has been such as to give reasonable cause for the reference or application to the Tribunal.

        (3)         If a reference is made to the Disciplinary Tribunal by a complainant under section 181 the Tribunal may order the complainant to pay all or part of the costs of that legal practitioner in respect of the proceedings before the Tribunal if no finding is made against the legal practitioner.

        (4)         When making an order under subsection (1) or (3), the Disciplinary Tribunal may —

            (a)         fix the amount of the costs to be paid; or

            (b)         order that any costs payable under this Part be taxed by the taxing officer of the Supreme Court, for which costs the taxing officer must give a certificate.

        (5)         The costs may be recovered as though the order of the Tribunal or the certificate were a judgment of the Supreme Court for the payment of the sum specified in the order or certificate.



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