12Postponement of fees for pro bono parties

12 Postponement of fees for pro bono parties

12 Postponement of fees for pro bono parties

(1) The taking of a fee in respect of the business of the court in relation to proceedings involving a pro bono party is, if the fee is payable by the party, to be postponed until judgment has been given in the proceedings.

(2) The fee is not to be taken at all, or if taken must be remitted, if—

(a) judgment is against the pro bono party, or

(b) judgment is in favour of the pro bono party, but—

(i) damages are not awarded (or only nominal damages are awarded) in his or her favour, and

(ii) costs are not awarded in his or her favour.

(3) In this clause, pro bono party means a party to proceedings who is being represented under a pro bono scheme administered by the New South Wales Bar Association, the Law Society of New South Wales or the court.