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Guidelines

10. Costs and Fees

10.2. Risk of liability for adverse costs in federal courts and tribunals

10.2.1 Procedure for advising clients about liability in federal courts and tribunals

Legal Aid NSW officers should use the following terms to advise clients in grant letters of the liability for adverse cost orders.

  • Section 47(1)(b) of the Act applies to New South Wales courts and tribunals only. As these proceedings come within the jurisdiction of a federal court or tribunal, this protection against adverse costs does not apply.
  • The Legal Aid Comission of NSW will pay adverse costs up to the maximum amount payable at the time of the adverse costs order, subject to the exceptions set out in s47(3), (3A) and (4) of the Act.
  • The maximum amount changes from time to time by resolution of Legal Aid NSW and is currently $15,000.
  • The legally assisted person will be liable for any costs ordered to be paid in excess of the maximum amount.



Date Last Published: 23/04/2007