Legal Services Directions 2025
94Types of costs that may be approved
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94 Types of costs that may be approved
(1) An approval may only cover costs of the following kinds:
(a) the costs of an eligible person’s legal representation in connection with:
(i) the proceedings, inquest or inquiry; or
(ii) responding to the compulsory notice;
(b) other costs (such as travel costs) related to the person’s involvement in the proceedings, inquest or inquiry, or to the process of responding to the compulsory notice;
(c) the amount of any award of costs against the person;
(d) an amount payable by the person in settlement of proceedings;
(e) the amount of any damages awarded against, or fines or penalties imposed on, the person.
Note: Of the types of assistance mentioned in this subsection, paragraph (1)(e) is most likely to involve the grant of an indemnity (to which, for a non-corporate Commonwealth entity, section 60 of the Public Governance, Performance and Accountability Act 2013 may be relevant).
(2) An approval does not apply to an appeal, or consideration of a possible appeal, unless expressly stated in the approval.