Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p58
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 137114–139665

such sum as counsel's fee for preparing any document or for appearing as counsel as the Taxing Officer considers reasonable in the circumstances.
56.09.5  Where a party is represented by counsel appearing without fee, and the party is unable to vouch payment of a fee to counsel, the Taxing Officer may, in cases where a fee would have been allowed to counsel, allow to the party such sum as counsel's fee for preparing any document or for appearing as counsel as the Taxing Officer considers reasonable in the circumstances.
56.09.6  If a fee would have been allowed to counsel for preparing a document or for appearing as counsel, the Taxing Officer may allow to a party a sum the Taxing Officer considers reasonable as counsel's fee if:
 (a) the party is represented by counsel; and
 (b) the party is unable to provide proof of payment of the fee to counsel; and
 (c) the party's solicitor gives an unconditional undertaking to the Court to pay the fee from any costs recovered.

56.10  Experts
  The allowances in respect of fees to any expert whose aid or assistance is obtained shall be regulated by the Taxing Officers.

56.11  Costs of particular parties
56.11.1  Where it is ordered that costs shall be paid or retained out of any fund or estate, the Court or a Justice may direct out of what portion or portions of that fund or estate the costs are to be paid.
56.11.2  Where the Court or a Justice appoints a solicitor or public trustee to be litigation guardian of a person, the Court or Justice may direct that the costs to be incurred in the performance of the duties of litigation guardian shall be borne and paid:
 (a) by the parties or one or more of the parties; or
 (b) out of any fund in Court in which the person may be interested;
and may give such directions for the repayment or allowance of the costs as the Justice thinks fit.
56.11.3  When a solicitor acts as litigation guardian without any order of the Court or a Justice appointing the solicitor as guardian, the costs incurred in the performance of the duties of that office are in the discretion of the Court or a Justice.

56.12  Disallowance of unnecessary costs
56.12.1  The Court or a Justice may of its own motion or on application by any party:
 (a) direct that any costs which have been improperly, unreasonably or negligently incurred be disallowed; or
 (b) direct a Taxing Officer to examine the costs incurred in a proceeding or in taking a step in the proceeding and to disallow such costs as the Taxing Officer finds to have been improperly, unreasonably or