New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 367

367 Determinations of costs assessments

(1) A costs assessor is to determine an application for a costs assessment relating to a bill by confirming the bill or, if the assessor is satisfied that the disputed costs are unfair or unreasonable, by substituting for the amount of the costs an amount that, in the assessor’s opinion, is a fair and reasonable amount.

(2) The costs assessor may include an allowance for any fee paid or payable for the application by the applicant.

(3) A costs assessor may not determine that any part of a bill that is not the subject of an application is unfair or unreasonable.

(4) A costs assessor may determine that the amount of fair and reasonable costs is the amount agreed to by the parties if during the course of the assessment the parties notify the costs assessor that they have agreed on the amount of those costs.