13Postponement of fees for legally assisted persons

13 Postponement of fees for legally assisted persons

13 Postponement of fees for legally assisted persons

(1) The taking of a fee in respect of the business of the court in relation to proceedings involving a party who is a legally assisted person 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 legally assisted person, or

(b) judgment is in favour of the legally assisted person, 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, legally assisted person means a person who is receiving—

(a) legal assistance through a community legal service within the meaning of the Legal Profession Uniform Law (NSW), or

(b) legal aid under the Legal Aid Commission Act 1979.