100Conditions on approvals for certain costs—civil proceedings

100  Conditions on approvals for certain costs—civil proceedings

  A decision-maker must not grant an approval that involves agreeing to pay:

 (a) any costs or damages payable by an eligible person to another party in civil proceedings; or

 (b) the costs of settling a civil claim;

unless the person agrees that:

 (c) their defence will be controlled by the responsible entity; and

 (d) they will provide all assistance that entity requires them to provide in the conduct of the defence; and

 (e) where the entity is or becomes a party to the proceedings—the person will be represented by the same solicitors engaged to represent the entity.

Note: Paragraph (e) is intended to reduce legal costs and assist in the proper conduct of the proceedings. The agreement required under paragraphs (c) and (d) will prevent a conflict of interest from arising.