LEGAL PROFESSION ACT 1987 - SECT 208F Assessment of costs--costs ordered by court or tribunal

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 208F

208F Assessment of costs--costs ordered by court or tribunal

(1) When dealing with an application relating to costs payable as a result of an order made by a court or a tribunal, the costs assessor must consider:

(a) whether or not it was reasonable to carry out the work to which the costs relate, and

(b) what is a fair and reasonable amount of costs for the work concerned.

(1A) An assessment must be made in accordance with the operation of the rules of the relevant court or tribunal that made the order for costs.

(2) A costs assessor is to determine the costs payable as a result of the order by assessing the amount of the costs that, in his or her opinion, is a fair and reasonable amount.

(3) If a court or a tribunal has ordered that costs are to be assessed on an indemnity basis, the costs assessor must assess the costs on that basis, having regard to any relevant rules of the court or tribunal.

(4) The costs assessed are to include the costs of the assessment (including the costs of the parties to the assessment, and the costs assessor). The costs assessor may determine by whom and to what extent the costs of the assessment are to be paid.

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

Note: Section 208JA provides for the recovery of the costs of a costs assessor.