If any of these requirements are satisfied, the court may make an order for costs against the lawyer which directs them to:
The Federal Circuit and Family Court of Australia has emphasised the need to decrease costs of proceedings and resource expenditure of the court and parties involved in proceedings. As such, the court expects parties and their lawyers to have in mind, at all times, the cost of each step in the proceedings in order to avoid unnecessary process-driven costs. Failure to comply with this requirement may attract a costs orders against practitioners, as outlined above.
While both sets of rules are very similar, one distinguishing feature of Rule 12.15 is its clarification when a lawyer is considered to be in default. Under the new rules, a lawyer may be in default if a hearing may not proceed conveniently because the lawyer has unreasonably failed to:
Ultimately, the renewed focus of the court on the experience of litigants has refocused the Court’s attention to the costs incurred by conduct of legal practitioners. Despite minimal changes between the rules regarding costs orders against lawyers, the court’s aim to reduce costs for parties involved in proceedings may instil an increased level of scrutiny upon the legal profession.
At Nicholes Family Lawyers, we are mindful of the way the new rules impact on costs to clients and obligations of practitioners that follow. Please reach out to us for more information on this topic, or visit https://www.fcfcoa.gov.au/fl/pubs/legal-costs.
By Nicholes Family Lawyers