More about legal costs

Note the following about the legal costs that can and can’t be reimbursed.

Witness expenses

The Board requires details of the nature of the evidence given, and the capacity in which the witness appeared.

Incidentals

Include interpreters’ fees for certificates granted by a court under sections 4, 10 and 16 of the AC Act.

Solicitor and counsel fees

The Board does not usually allow counsel fees for matters marked “not reached” on the court-issued indemnity certificate. This is due to the wording of section 6.50 of the Good Conduct Guide, which states that it is not usual for counsel to charge a fee for a not reached matter. The Board requires evidence that it was specifically agreed between counsel and client that a fee would be charged in the event of a matter being not reached before these costs will be considered.

In assessing solicitor and counsel costs, the Board is guided by the circumstances of the particular case.

Payments

There is no limit to the amount payable under some of the most commonly used sections of the AC Act (ss 10, 14, 15, 16), but it should be noted that costs are subject to the Board’s discretion in determining what costs are reasonably incurred. For example, the Board can consider issues such as whether the seniority and number of counsel engaged were appropriate for the proceeding.