303Costs

303 Costs

303 Costs

(1) The designated tribunal must make orders requiring a lawyer whom it has found guilty of unsatisfactory professional conduct or professional misconduct to pay costs (including costs of the designated local regulatory authority and the complainant), unless the designated tribunal is satisfied that exceptional circumstances exist.

(2) The designated tribunal may make orders requiring a lawyer whom it has not found guilty of unsatisfactory professional conduct or professional misconduct to pay costs (including costs of the designated local regulatory authority and the complainant), if satisfied that—

(a) the sole or principal reason why the proceedings were instituted in the designated tribunal was a failure of the lawyer to cooperate with the designated local regulatory authority; or

(b) there is some other reason warranting the making of an order in the particular circumstances.

(3) The designated tribunal may make orders requiring—

(a) a local regulatory authority; or

(b) a person, body or fund nominated in relevant jurisdictional legislation for the purposes of this section—

to pay costs, but may do so only if satisfied that the lawyer concerned is not guilty of unsatisfactory professional conduct or professional misconduct and the designated tribunal considers that special circumstances warrant the making of the orders.

(4) The designated tribunal may make orders requiring—

(a) a lawyer in respect of whom proceedings are pending before the designated tribunal; or

(b) a person, body or fund nominated in relevant jurisdictional legislation for the purposes of this section—

to pay costs on an interlocutory or interim basis.

(5) An order for costs—

(a) may be for a specified amount; or

(b) may be for an unspecified amount but must specify the basis on which the amount is to be determined.

(6) An order for costs may specify the terms on which costs must be paid.

(7) It is intended that jurisdictional legislation may provide a right of appeal against or a right of review of the designated tribunal’s decision.