Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) If the disciplinary tribunal finds an Australian legal practitioner guilty of unsatisfactory professional conduct or professional misconduct, the tribunal must order the practitioner to pay costs (including costs of the relevant council and the complainant), unless the disciplinary tribunal is satisfied that exceptional circumstances exist.
(2) Even though the disciplinary tribunal does not find an Australian legal practitioner guilty of unsatisfactory professional conduct or professional misconduct, the tribunal may order the practitioner to pay costs (including costs of the relevant council and the complainant), if satisfied that—
(a) the only or main reason why the proceeding was started in the disciplinary tribunal was a failure of the practitioner to cooperate with a council; or
(b) there is some other reason justifying the making of an order in the particular circumstances.
(3) The disciplinary tribunal may make orders requiring the relevant council for an Australian legal practitioner to pay costs, but may do so only if satisfied that the practitioner is not guilty of unsatisfactory professional conduct or professional misconduct and the tribunal considers that special circumstances justify the making of the orders.
(4) The disciplinary tribunal may make orders requiring an Australian legal practitioner in relation to whom a proceeding is pending before the tribunal to pay costs on a interlocutory or interim basis.
Note Alternatively, the tribunal could order that costs be payable from a particular fund (eg a public purpose fund) in these circumstances.
(5) An order for costs—
(a) may be for a stated amount; or
(b) may be for an unstated amount but must state the basis on which the amount is to be decided.
(6) An order for costs may state the terms on which costs must be paid.