(5) A costs
application by a client or a third party payer must be made within 12 months
after—
(a) the bill was given, or the request for payment was made, to the
client or third party payer; or
(b) the costs were paid if neither a bill was
given nor a request was made.
(6) However, a costs application made out of
time, otherwise than by any of the following, may be dealt with by a costs
assessor or a court if, under the Uniform Civil Procedure Rules , the assessor
or the court decides to deal with it after considering the reasons for
delay—
(i) the client from
making 1 or more costs applications in relation to costs for which the client
is solely liable; and
(ii) the associated third party payer from making 1 or
more costs applications in relation to costs for which the associated
third party payer is solely liable;
and those costs applications may be made
by them at the same time or at different times and may be dealt with jointly
or separately; and
(i)
may participate in the costs assessment process where the other of them makes
a costs application in relation to costs for which they are both liable; and
(ii) is taken to be a party to the assessment and is bound by the assessment;
and
(c) the law practice—
(i) must participate in the costs assessment
process if a costs application is made under subsection (2) by the associated
third party payer in the same way as the law practice must participate in the
process if an application is made under subsection (1) by a client; and
(ii)
is taken to be a party to the assessment and is bound by the costs assessment.
(i) the client from making
1 or more costs applications in relation to costs for which the client is
liable; and
(ii) the non-associated third party payer from making 1 or more
costs applications in relation to costs for which the non-associated
third party payer is liable;
and those applications may be made by them at the
same time or at different times but must be dealt with separately; and
(i) may participate in the costs assessment process if the
non-associated third party payer makes a costs application under subsection
(2) in relation to the legal costs for which the non-associated third party is
liable; and
(ii) is taken to be a party to the assessment and is bound by the
assessment; and
(c) the law practice—
(i) must participate in the costs
assessment process; and
(ii) is taken to be a party to the assessment; and
(d) despite any other provision of this division, the assessment of the costs
payable by the non-associated third party payer does not affect the amount of
legal costs payable by the client to the law practice.
(10) Subject to this
section, a costs application under subsection (1) or (2) must be made in the
way provided under the Uniform Civil Procedure Rules .