LEGAL PROFESSION ACT 2004 - SECT 378 Certificate as to determination of panel

This legislation has been repealed.

LEGAL PROFESSION ACT 2004 - SECT 378

378 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 each party and the Manager, Costs Assessment with a certificate that sets out the determination.

(2) However, any such certificate may not set out the costs of the review within the meaning of section 379.

Note : Section 379 requires a panel to issue a separate certificate setting out the costs of the review. That section also makes provision for the effect of such a certificate.

(3) 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 as a debt in a court of competent jurisdiction,

(b) if the amount of the costs has not been paid, a 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, and the rate of any interest payable in respect of that amount of costs is the rate of interest in the court in which the certificate is filed,

(c) if the costs assessor issued a certificate in relation to his or her determination under section 368 (Certificate as to determination) or 369 (Recovery of costs of costs assessment):

(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.

(4) 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.

(5) If the costs of the panel are payable by a person referred to in section 379, the panel must:

(a) forward the certificate to the Manager, Costs Assessment, instead of forwarding it or copies of it to the parties, and

(b) advise the parties that the certificate has been so forwarded and will be available to the parties on payment of the costs of the panel.

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