LEGAL PROFESSION ACT 1987 - SECT 208KF Certificate as to determination of panel

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 208KF

208KF Certificate as to determination of panel

(1) On making a determination in relation to an application for review of a costs assessment under this Subdivision, a panel is to issue to each party concerned a certificate that sets out the determination.

(2) If the panel sets aside the determination of the costs assessor, the following provisions apply:

(a) if the amount of costs has already been paid, the amount (if any) by which the amount paid exceeds the amount specified in the determination of the panel may be recovered in a court of competent jurisdiction,

(b) if the amount of costs has not been paid, the certificate is, on filing of the certificate in the office or registry of a court having competent 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,

(c) if the costs assessor issued a certificate in relation to his or her determination under section 208J:

(i) the certificate ceases to have effect, and

(ii) any judgment that is taken to have been effected in relation to that certificate also ceases to have effect, and

(iii) any enforcement action taken in respect of that judgment is to be reversed.

(3) If the panel sets aside the costs assessor's determination, any amount substituted by the panel may include an allowance for any fee paid or payable for the application for review by the applicant or for any amount paid or payable for the costs of the costs assessor by a party to the assessment.

(4) If the costs of the panel are payable by a person (as required by section 208KH), the panel may refuse to issue a certificate relating to its determination under this section until those costs have been paid.

(5) Subsection (4) does not apply in such circumstances as may be prescribed by the regulations.