LEGAL PROFESSION ACT 1987 - SECT 208KH Recovery of costs of review

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 208KH

208KH Recovery of costs of review

(1) A panel that conducts a review of a costs assessor's determination under this Subdivision is to determine the costs of the review and may, subject to this section, determine by whom and to what extent those costs are to be paid.

(2) If the panel affirms the determination of the costs assessor, the panel is to require the party who applied for the review to pay the costs of the review.

(3) If the panel sets aside the determination of the costs assessor, and makes a determination in favour of the party who applied for review, the panel is to require the party who applied for the review to pay the costs of the review if the determination of the panel increases or decreases the total costs payable (as assessed by the costs assessor) by an amount that is less than 15 per cent (or such other percentage as may be prescribed by the regulations) of the total costs payable as assessed by the costs assessor.

(4) Subject to subsections (2) and (3), the panel may require any party to the assessment that is reviewed to pay the costs of the review or may determine that the costs of the review are to be shared between the parties in any manner that the panel considers appropriate.

(5) The panel may issue to each party a certificate that sets out the panel's determination under this section.

(6) The certificate is, on 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 of the review.

(7) The costs of the review are to be paid to the Manager, Costs Assessment.

(8) The Manager, Costs Assessment may take action to recover the costs of a review.

(9) Regulations may be made with respect to determinations of a panel under this section.

(10) In this section:

"costs of a review" means the costs incurred by the panel or the Manager, Costs Assessment in the course of a review under this Subdivision, and includes the costs related to the remuneration of the costs assessors who constitute the panel.