35Costs orders against lawyers

35 Costs orders against lawyers (1) The court or a Registrar may make a costs order against a lawyer if the lawyer, or an employee or agent of the lawyer, has caused costs: (a) to be incurred by a party or another person because of improper or unreasonable conduct; or (b) to be thrown away because of undue delay, negligence or any other misconduct or default. (2) Without limiting the generality of paragraph (1) (b), a lawyer may be in default if it is not possible for a hearing to proceed conveniently because the lawyer has unreasonably failed to: (a) attend the hearing personally, or send another person to attend the hearing on behalf of the lawyer; or (b) file, lodge or deliver a document that should have been filed, lodged or delivered; or (c) prepare any proper evidence or information; or (d) do any other act necessary for the hearing to proceed. (3) An application for a costs order against a lawyer may be made by: (a) a party to the proceeding; or (b) a person who has incurred costs because of the lawyer’s improper or unreasonable conduct; or (c) a person who has incurred costs thrown away because of the lawyer’s undue delay, negligence or other misconduct or default. (4) A costs order against a lawyer may be made on the motion of the court or Registrar. (5) A costs order against a lawyer may provide that: (a) the whole or any part of the costs between the lawyer and the party be disallowed; or (b) the lawyer pay the whole or any part of the costs incurred by another person; or (c) the lawyer pay to the party, or the other person, the whole or any part of the costs that the party has been ordered to pay to the other person. (6) Before making a costs order against a lawyer: (a) the court or Registrar must give the lawyer, and any person who may be affected by the decision, a reasonable opportunity to be heard; and (b) the court or Registrar may order that notice of the costs order, or of any proceeding against the lawyer, be given, as directed by the court or Registrar, to: (i) a party for whom the lawyer may be acting; or (ii) any other person.