(a) a costs assessor deciding a costs
assessment under the Uniform Civil Procedure Rules ; or
(b) a court reviewing
a costs assessment under the rules.
(2) If the costs assessor or court
reduces the legal costs payable by 15% or more, the costs assessor may, or the
court may direct the registrar for the court to, refer the matter to the
commissioner to consider whether disciplinary action should be taken against
an Australian legal practitioner or Australian-registered foreign lawyer
involved in the matter.
(3) Also, if the costs assessor or a court
considers—
(a) the legal costs charged by a law practice are grossly
excessive; or
(b) the costs assessment raises another matter that may amount
to professional misconduct on the part of an Australian legal practitioner or
Australian-registered foreign lawyer involved in the matter;
the costs
assessor must, or the court may direct the registrar for the court to, refer
the matter to the commissioner to consider whether disciplinary action should
be taken against the practitioner or foreign lawyer.