NSWIn ForceRegulation
Dust Diseases Tribunal Regulation 2019
6Pro bono cases
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#### 6 Pro bono cases
6 Pro bono cases
> > (1) The taking of a fee for the filing of any initiating process (or a cross-claim) on behalf of a pro bono party to proceedings is to be postponed until judgment has been given in the proceedings.
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> > (2) The fee is not to be taken at all, or if taken must be remitted, if in relation to the claim (or cross-claim)—
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> > > (a) judgment is against that party, or
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> > > (b) judgment is in favour of that party, but costs and damages are not awarded (or only nominal damages are awarded) in the party’s favour.
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> > (3) The registrar must not refuse to file or issue any document relevant to proceedings merely because, in accordance with this clause, a fee has not been taken for the filing of any initiating process (or cross-claim) on behalf of a pro bono party to those proceedings.
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> > (4) For the purposes of this clause, a party is a pro bono party to proceedings if—
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> > > (a) the party is being represented under the pro bono scheme of the Law Society of New South Wales or the pro bono scheme of the New South Wales Bar Association, and
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> > > (b) a solicitor (in the case of the Law Society’s scheme), or a barrister (in the case of the Bar Association’s scheme), acting for the party certifies in writing to the registrar, with whom the initiating process (or cross-claim) is lodged on behalf of the party, that the party is being so represented.