The applicants applied for special leave to appeal to

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The applicants applied for special leave to appeal to the High Court. The High Court refused that application on 27 November 2001, but did not make any order as to costs. The majority of the Full Crt of Fed Crt decided that the usual order that the unsuccessful party pay costs should not apply here, because of the public interest nature of the litigation. The majority of the Court did not accept the Cth's argument that the litigation was an interference with an exercise of the executive power of the Cth.
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Ruddock Ruddock     cont. cont. I should reiterate that I am a strong supporter of pro bono legal work. Practitioners involved in the Tampa litigation have done so on a pro bono basis. However the Cth sought its legal costs against the litigants, & not their legal representatives. The fact that an applicant is represented pro bono cannot & should not determine whether costs should be sought or awarded against them. Similarly, the fact that an applicant is actually a lawyer or a group of lawyers cannot and should not mean that they should be somehow immune to the risk of having costs awarded against them in the event they are unsuccessful. That is a risk that all applicants run in bringing proceedings and lawyers who bring proceedings should be in no different position.
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Other Exceptions to Costs Indemnity Rule Verna Trading Pty Ltd v New India Assurance Co Ltd (1991) D denied everything; on 1 st day of trial, D sought to amend defence: existence of exclusion clause meant P could not recover; D successful at 1 st instance and on appeal on liability Beach J made costs order against D (order upheld on appeal) Court can make order that successful D pay unsuccessful P’s costs if D had told P at start, litigation unnecessary Question of D’s conduct Costs payable on solicitor and client basis for period up to and including 1 st day of trial Court more willing generally to deprive successful plaintiff than successful defendant 25
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Costs orders against lawyers: r 63.23 Costs incurred by lawyer improperly or without reasonable cause Costs wasted by lawyer’s failure to act with reasonable competence and expedition Court can order: Client not liable to pay all or part of lawyer’s bill Lawyer pay other party’s costs Lawyer reimburse client for costs
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Costs orders against lawyers: r 63.23 Sample circumstances r.63.23(2) : solicitor fails to act with reasonable competence and expedition for the purpose of that paragraph where any application in or trial of a proceeding cannot conveniently be heard or proceed, or fails or is adjourned without any useful progress being made, by reason of the failure of the solicitor to— (a) attend in person or by a proper representative; (b) file any document which ought to have been filed; (c) lodge or deliver any document for the use of the Court which ought to have been lodged or delivered; (d) be prepared with any proper evidence or account; or (e) otherwise proceed.” r 63.23(3) court not to make order under (1) unless solicitor given reasonable opportunity to be heard r 63.23(7) this rule applies to both barristers and solicitors
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