• Specific Year
    Any

LEGAL PROFESSION ACT 2006 - SECT 409 Referral of matters for costs assessment—complaint

LEGAL PROFESSION ACT 2006 - SECT 409

Referral of matters for costs assessment—complaint investigation

    (1)     For investigating a complaint, the relevant council for an Australian legal practitioner may refer a matter to the Supreme Court for an assessment of costs charged or claimed by the practitioner.

    (2)     The referral may be made outside the 12-month period mentioned in section 294A (5) (Application by client or third party payer for costs assessment).

    (3)     In deciding whether to refer a matter for a costs assessment, the relevant council must consider whether the client was aware of the client's right to apply for an assessment within the 60-day period and, if the client was aware, whether the referral may cause significant injustice to the legal practitioner.

    (4)     Subject to this section, division 3.2.7 (Costs assessment) applies to the costs assessment as if the relevant council were a client of the practitioner.