Even good things come at a cost - costs for pro bono cases

The Victorian Supreme Court of Appeal has found that a successful party represented under a pro bono scheme has a right to recover costs, rejecting the Queensland authority on point and tapering the barrier for people experiencing financial hardship to access justice.

The Court of Appeal was asked to determine whether the order for costs for a party represented on a pro bono basis offended the indemnity principle.

The facts

In Mainieri v Cirillo [2014] VSCA 227, the respondent, Mrs Cirillo, sold her home and contributed $240,000 of the proceeds of sale to her son, Mr Mainieri, and his wife, to be applied in reduction of his mortgage. In consideration, Mr Mainieri and his wife undertook to permit Mrs Cirillo to live with them indefinitely in their home and take care of her.