Document ID: chunk:federal_register_of_legislation:F2024C00519:front:0:p31
Version: federal_register_of_legislation:F2024C00519
Segment Type: other
Provision Reference: 
Character Range: 78109–80758

the assisted party's case is not well founded in fact or law; or
 (ii) that the assisted party's prosecution of the litigation is an abuse of process;
 (e) whether the Pro Bono lawyer lacks the time to provide adequate legal assistance to the assisted party because of other professional commitments;
 (f) whether the assisted party has refused or failed to pay any disbursements requested under rule 4.18;
 (g) whether it is unfair to require the Pro Bono lawyer to continue to provide legal assistance to the assisted party;
 (h) any other relevant matter.

4.17  Cessation of referral certificate
  A referral certificate ceases to have effect if:
 (a) it is not accepted by a lawyer within 28 days after the referral; or
 (b) a Pro Bono lawyer has provided the legal assistance mentioned in the referral certificate; or
 (c) a Pro Bono lawyer has ceased to provide legal assistance under rule 4.15; or
 (d) the proceeding to which the referral certificate relates is finalised or transferred to another court.

4.18  Disbursements
  A Pro Bono lawyer may ask the assisted party to pay any disbursements reasonably incurred, or reasonably to be incurred, by the Pro Bono lawyer on behalf of the assisted party in relation to the legal assistance.

4.19  Professional fees
 (1) A Pro Bono lawyer must not seek or recover professional fees from an assisted party unless the Pro Bono lawyer and the assisted party have entered into a costs agreement.
 (2) The costs agreement must provide that the Pro Bono lawyer be entitled to charge and the assisted party is liable to pay professional fees only:
 (a) if an order for costs is made in favour of the assisted party; and
 (b) to the extent that the party against whom the order for costs is made in fact pays the costs.
 (3) If a costs agreement is entered into, the Court may order a party against whom an order for costs is made to pay the costs, including any disbursements incurred under rule 4.18, directly to the Pro Bono lawyer instead of the assisted party.
 (4) A payment made to the Pro Bono lawyer under subrule (3) satisfies, to the extent of that payment, the order for costs made in favour of the assisted party.

Part 5—Court supervision of proceedings

Division 5.1—Return date and directions

5.01  Parties to attend Court on return date
  A party, or the party's lawyer, must attend the Court on the return date fixed in the originating application.
Note 1: Originating application is defined in the Dictionary.
Note 2: When a proceeding is started, a Registrar will fix a return date and place for hearing and endorse those details on the originating application.

5.02  Parties