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17. Costs and Fees

17.6. An order for legally aided client to pay costs to Legal Aid NSW

A court or tribunal may order a person who is or was a legally assisted person to pay to Legal Aid NSW the costs and expenses of providing them with the legal service.

17.6.1 When can an order be made?

Under s43(1)(a) & (b) of the Act a court or tribunal may make the order for a legally assisted person to pay Legal Aid NSW the cost of expenses of providing them with legal aid if the court or tribunal is satisfied that legal aid was obtained:

  • by fraud or misrepresentation, or
  • the legally assisted person has acted improperly in
    • bringing
    • defending, or
    • conducting

any proceedings for which the person received a grant of legal aid.

17.6.2 What costs and expenses are included?

Under s43(1) of the Act costs and expenses include:

  • the fees of the legally assisted person's legal practitioner
  • party/party costs, and
  • expenses under s33 of the Act.

17.6.3 Which court or tribunal can make the order?

Under s43(2) of the Act Legal Aid NSW can make an application to the court or tribunal that is hearing, or has heard:

  • any proceedings with which the legal aid is concerned, or
  • any other court of competent jurisdiction.

17.6.4 Who can approve an application to the court/tribunal?

Legal Aid NSW officers authorised under the Delegation Instrument can decide whether an application to a court or tribunal is to be made under s43 of the Act.

Date Last Published: 27/05/2015