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Policies

3. Delegation Instrument

3.19. Making certain decisions about costs and moneys under sections 40, 41, 43, 43A, 43B, 44 & 45

Item

Delegated Officer

19.1

Requiring a private legal practitioner acting for a legally assisted person to assess or tax costs under s 40.

Clerk Grade 5-6 Grants
Solicitor Grade I-III Grants

19.2

Giving approval under s 41 to a private legal practitioner to demand and receive payments from a legally assisted person or any other person on behalf of a legally assisted person.

Director Grants

19.3

Determining whether an application is to be made to a Court or Tribunal for orders for the payment of costs by a legally assisted person under s 43.

Director Grants
Director Criminal Law
Director Civil Law
Director Family Law

19.4

Deferring under s 43A(1)(a) the payment of costs to a private legal practitioner pending the recovery of party/party costs.

Solicitor Grade I-III Grants
Clerk Grade 5-6 Grants

19.5

Deferring under s 43A(1)(b) and (c) payment of costs to a private legal practitioner until the conclusion of any official investigation or the completion of any criminal or disciplinary proceedings.

Director Grants

19.6

Refusing under s 43A(2) to make payment of any fees to a private legal practitioner if any allegation referred to in s 43A(1)(b) is substantiated in any criminal or disciplinary proceedings.

Director Grants

19.7

Approving an application under s 43B to a court/tribunal for an order that a panel practitioner repays money to Legal Aid NSW.

Director Grants

19.8

Directing under s 44 a legally assisted person to pay moneys to Legal Aid NSW and to account for those moneys.

Solicitor Grade IV Grants
Clerk Grade 5-6 Grants

19.9

Directing under s 45 a legally assisted person to assign his/her right to recover moneys and to recover moneys where the right to recover moneys has been assigned to Legal Aid NSW.

In-house solicitor with carriage of the matter
Clerk Grade 3-4 Grants
Solicitor Grade I-III Grants
Solicitor Grade IV Accounts Receivable