Western Australian Numbered Acts Western Australian Numbered Acts (1) If in any
proceeding before a dispute resolution authority or in any matter under this
Act that is resolved by agreement, a legal practitioner or authorised agent
(the representative ) representing a party (the client ) incurs costs
improperly or without reasonable cause or costs are wasted by undue delay or
any other misconduct or default of the representative, a dispute resolution
authority may make an order —
(a)
disallowing the costs, as between the representative and the client; and
(b)
directing the representative to repay the client costs which the client has
been ordered to pay to any other party to the proceeding; and
(c)
directing the representative personally to indemnify any person other than the
client against costs payable by the person indemnified.
(2) A dispute
resolution authority must not make an order as to costs under this section if
of the opinion that it would be unjust to make the order because the
representative concerned made all reasonable efforts to avoid unnecessary
litigation in the proceeding or for any other reason should not be held
responsible for the incurring of the costs concerned.