New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 369

369 Costs of costs assessment

(1) This section applies to the costs of a costs assessment in relation to:

(a) costs to which section 317 (Effect of failure to disclose) applies, and

(b) costs to which section 364 (Assessment of costs-costs ordered by court or tribunal) applies, and

(c) costs that on assessment are reduced by 15% or more.

(2) A costs assessor is, subject to this section, to determine the costs of a costs assessment to which this section applies.

(2A) Subject to any order of or the rules of the relevant court or tribunal, the costs assessor may determine by whom and to what extent the costs of an assessment referred to in section 364 (Assessment of costs-costs ordered by court or tribunal) are payable and include the determination in the certificate issued under this section in relation to the assessment.

(3) The costs of a costs assessment to which this section applies are payable:

(a) for a costs assessment in relation to costs to which section 317 (Effect of failure to disclose) applies-by the law practice that provided the legal services concerned, or

(b) for a costs assessment in relation to costs to which section 364 (Assessment of costs-costs ordered by court or tribunal) applies-by such persons, and to such extent, as may be determined by the costs assessor, or

(c) for a costs assessment in relation to costs that on assessment are reduced by 15% or more-by the law practice that provided the legal services concerned or, if the costs assessor so determines, by such persons, and to such extent, as may be determined by the costs assessor.

(4) The costs assessor may refer to the Supreme Court any special circumstances relating to a costs assessment and the Court may make any order it thinks fit concerning the costs of the costs assessment.

(5) On making a determination, a costs assessor may issue and forward to each party and the Manager, Costs Assessment a certificate that sets out the costs of the costs assessment.

(6) If the application for a costs assessment has been dealt with by more than one costs assessor, a certificate issued can set out the costs of any other costs assessor.

(7) The certificate is, on the filing of the certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money, and with no further action, taken to be a judgment of that court for the amount of unpaid costs.

(8) The costs of the costs assessor are to be paid to the Manager, Costs Assessment.

(9) The Manager, Costs Assessment may take action to recover the costs of a costs assessor or Manager, Costs Assessment.

(10) In this section:
"costs of the costs assessment" includes the costs incurred by the costs assessor or the Manager, Costs Assessment in the course of a costs assessment under this Division, and also includes the costs related to the remuneration of the costs assessor.