Legal Profession Uniform Law Application Regulation 2015

(1)  Out of the money that is paid to a general trust account kept by a law practice, the law practice must deposit with the Law Society, and keep deposited with the Society, an amount not less than the minimum amount calculated in accordance with clause 10.

(2)  Money is taken to have been deposited with the Law Society if it is deposited in the name of the Society with an ADI nominated by the Society.

(3)  Subclause (1) does not apply to a separate trust account kept on the instructions of a client for the exclusive use of the client.

(4)  This clause does not affect any enforceable lien or claim that a law practice has over, or to, any money.

(5)  Each principal of a law practice must ensure that reasonable steps are taken to ensure that the law practice complies with this clause.

(1)  The minimum amount to be deposited and kept deposited with the Law Society in respect of an applicable period is an amount equal to the sum of:

(a)  the lowest balance recorded in the trust account kept by the law practice during the previous applicable period, and

(b)  the amount (if any) on deposit by the law practice with the Society on the day on which that lowest balance is recorded.

(2)  Despite subclause (1), if, in the case of a particular law practice, on any day during the period beginning with the end of the previous applicable period and ending with the 15th banking day after the end of that period, the sum of:

(a)  the lowest balance recorded in the trust account during that 15-day period, and

(b)  the amount (if any) on deposit with the Law Society on that day,

is less than the sum of the amounts referred to in subclause (1) (a) and (b), the minimum amount that the law practice is to deposit and keep deposited with the Society is an amount equal to 80% of the lesser sum.

(3)  Despite subclauses (1) and (2), if during an applicable period money is repaid to the law practice under section 47 of the application Act, the minimum amount to be deposited and kept deposited with the Law Society in respect of that period becomes an amount equal to the sum of:

(a)  the lower of the following:

(i)  the lowest balance recorded in the trust account kept by the law practice during the period beginning with the start of that applicable period and ending with the 15th banking day after the repayment,

(ii)  the lowest balance recorded in that trust account during the previous applicable period, and

(b)  the amount (if any) on deposit by the law practice with the Society on the day on which the lower of those balances is recorded.

(4)  Despite this clause, if the sum referred to in subclause (1), (2) or (3) is less than $10,000, the amount to be deposited and kept deposited with the Law Society in respect of an applicable period is nil.

(5)  If, during an applicable period, money is repaid to the law practice under section 47 of the application Act on more than one occasion, subclause (3) operates in relation to each of those repayments.

(6)  Despite this clause, if a particular law practice is unable to comply with the requirements of clause 11 (1) or (2), the law practice must request the Law Society, in a form approved by the Society, to determine the amount that the law practice is to deposit and keep deposited with the Society.

(7)  A reference in this clause to the lowest balance recorded in the trust account during a period is a reference to the lowest balance recorded during that period in a statement of account issued by an ADI in relation to the trust account.

(1)  The law practice must have the amount calculated under clause 10 (1) or (2) in respect of an applicable period on deposit with the Law Society not later than 20 banking days after the end of the previous applicable period.

(2)  The law practice must have the amount calculated under clause 10 (2) on deposit with the Law Society not later than 20 banking days after the day on which the money was repaid under section 47 of the application Act.

(3)  The law practice must have the amount determined by the Law Society pursuant to a request under clause 10 (6) on deposit with the Society not later than 5 banking days after the Society notifies the law practice of its determination.

(1)  In clauses 10 and 11, applicable period means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

(2)  However, in relation to a law practice that commences to practise or provide legal services after the commencement of an applicable period, the first applicable period is the period starting on the commencement of the practice or the provision of legal services and ending at the end of the applicable period.

cl 12: Am 2018 No 87, Sch 3.2 [1] [2].

The Law Society:

(a)  must keep accounts of money deposited with it under this Part, and

(b)  must have the accounts audited annually by a firm of accountants appointed by the Society, and

(c)  must, without delay, provide the Attorney General with a copy of the auditor’s report.

(1)  A Crown Solicitor’s Trust Account must be established in an ADI in New South Wales.

(2)  The Crown Solicitor must:

(a)  keep in his or her office the records in relation to the Crown Solicitor’s Trust Account that the Attorney General directs, and

(b)  follow any procedures in relation to operations on the Crown Solicitor’s Trust Account that the Attorney General directs.

(3)  An account established, or taken to have been established, under clause 106 of the Legal Profession Regulation 2005 is taken to have been established under this clause.

(1)  The purpose of this clause is to provide for the receiving or holding of money by or on behalf of a barrister as contemplated by section 133 of the Uniform Law.

(2)  Trust money may be received and held by a barrister on account of legal costs for legal services in advance of the provision by the barrister of the legal services in the following circumstances:

(a)  the barrister is practising as a sole practitioner and the money is received in connection with instructions accepted by the barrister directly from a person who is not a solicitor,

(b)  the barrister maintains an account with an ADI for the sole purpose of holding trust money received in connection with the barrister’s law practice (the trust money account),

(c)  the barrister notifies the Bar Association of the following within 14 days of opening the trust money account:

(i)  the name of the ADI with which the trust money account has been opened,

(ii)  the date on which the trust money account was opened,

(iii)  the account number of the trust money account,

(d)  the money is deposited in the trust money account as soon as practicable after the barrister receives the money,

(e)  the money remains deposited in the trust money account until:

(i)  a bill is given to the client, or

(ii)  the money is refunded to the client, or

(iii)  the money is paid to a solicitor who is later engaged by the client in the matter,

(f)  the trust money account does not have, or is not linked to, any credit or mortgage facility, including (but not limited to) a line of credit, overdraft facility or mortgage offset facility,

(g)  the barrister provides to the person from whom the money is received, as soon as practicable after that money is received, a written receipt by the barrister on which is recorded the following:

(i)  the date the receipt is made out,

(ii)  the date the money was received,

(iii)  the amount of money received,

(iv)  the name of the person from whom the money was received,

(v)  particulars sufficient to identify the purpose for which the money was received,

(vi)  the circumstances in which the money may be paid from the trust money account,

(h)  the barrister appoints a person who is qualified to be appointed as an external examiner under the Legal Profession Uniform General Rules 2015 to carry out an annual examination, for the period 1 April to 31 March, of the trust money account and provides to the Bar Association a copy of the examination report (in a form approved by the Bar Council) not later than 7 June following the end of that period.

(3)  A copy of a receipt provided by a barrister under subclause (1) (g) must be kept by the barrister at least until the end of the period of 7 years from the date of the receipt or until the completion of the matter in relation to which the receipt was issued, whichever occurs later.

(4)  An examination of a trust money account of a barrister under this clause is not required to be carried out until the end of the year ending on 31 March 2017.

(5)  The examination must also cover any period after the commencement of this Regulation and before 1 April 2017 during which the account existed and is also to apply to any account existing during that period that was kept by the barrister under clause 16.

(1)  In this Part:

approved form means a form approved by the Chief Justice under clause 58.

(2)  Words and expressions used in this Part have the same meaning as they have in Part 7 of the application Act.

(1)  For the purposes of section 68 (1) of the application Act, an application for costs assessment:

(a)  is to be made in the approved form, and

(b)  is to be accompanied by the fee calculated in accordance with clause 33.

(2)  The application must authorise a costs assessor to have access to, and to inspect, all documents of the applicant that are held by the applicant, or by any law practice, Australian legal practitioner or Australian-registered foreign lawyer concerned, in respect of the matter to which the application relates.

(3)  The application must contain a statement by the applicant that there is no reasonable prospect of settlement of the matter by mediation.

(1)  The fee that is to accompany an application for a costs assessment is the greatest of the following amounts:

(a)  $100,

(b)  1% of the amount remaining unpaid on the bill of costs at the time the application is made,

(c)  1% of the amount of costs in dispute when the application is made.

(2)  For the purposes of this clause, the amount of costs in dispute is the total amount of costs for those legal services in respect of which the costs claimed are disputed by the person liable to pay them.

(1)  On receipt of an application for assessment of Uniform Law costs (other than an application by the law practice that gave the bill), the Manager, Costs Assessment is to deal with the application as follows:

(a)  A copy of the application is to be given by the Manager, Costs Assessment to the law practice that gave the bill accompanied by a notice advising the law practice that any response to the application must be lodged with the Manager, Costs Assessment in writing within 21 days after the law practice receives the notice.

(b)  A copy of any response duly lodged with the Manager, Costs Assessment is to be sent by the Manager, Costs Assessment to the applicant.

(c)  The application is to be referred by the Manager, Costs Assessment to a costs assessor for assessment as soon as practicable after any response is duly lodged with the Manager, Costs Assessment or, if no response is duly lodged, as soon as practicable after the period referred to in paragraph (a).

(d)  Any relevant response, and any response that is lodged out of time, is to be sent by the Manager, Costs Assessment to the costs assessor to whom the application for assessment is referred.

(2)  On receipt of an application for assessment of a bill of costs for Uniform Law costs by the law practice giving the bill, the Manager, Costs Assessment is to deal with the application as follows:

(a)  A copy of the application is to be given by the Manager, Costs Assessment to the person who was given the bill of costs and is to be accompanied by a notice advising the person that any objection to the application must be lodged with the Manager, Costs Assessment in writing within 21 days after the person receives the notice.

(b)  A copy of any objection duly lodged with the Manager, Costs Assessment is to be sent by the Manager, Costs Assessment to the applicant with a notice advising the applicant that any response to the objection must be lodged with the Manager, Costs Assessment in writing within 21 days after the applicant receives the notice.

(c)  A copy of any response duly lodged with the Manager, Costs Assessment is to be sent by the Manager, Costs Assessment to the person who lodged the objection.

(d)  The application is to be referred by the Manager, Costs Assessment to a costs assessor for assessment:

(i)  if no objection is duly lodged with the Manager, Costs Assessment—as soon as practicable after the period referred to in paragraph (a), or

(ii)  if an objection is duly lodged—as soon as practicable after a response is duly lodged with the Manager, Costs Assessment or, if no response is duly lodged, as soon as practicable after the period referred to in paragraph (b).

(e)  Any relevant objection or response, and any objection or response that is lodged out of time, is to be sent by the Manager, Costs Assessment to the costs assessor to whom the application for assessment is referred.

(1)  The following procedure applies to an application for assessment of ordered costs made by the person to whom the costs are payable:

(a)  Before the application is made to the Manager, Costs Assessment, the applicant is to complete the application in the approved form and send a copy of the application to the person liable to pay the costs with a notice advising the person that any objection to the application must be lodged with the applicant in writing within 21 days after the person receives the notice.

(b)  The applicant is to attach to the application any such objection received by the applicant before the application is lodged with the Manager, Costs Assessment. The applicant may attach to the application a response to any such objection.

(c)  If no such objection is received, the applicant is to certify in the application that no objection was received by the applicant before the application was lodged with the Manager, Costs Assessment.

(d)  The application may not be lodged with the Manager, Costs Assessment until after the applicant duly receives an objection or the period referred to in paragraph (a) expires (whichever first occurs).

(e)  A copy of the application is to be sent by the Manager, Costs Assessment to the person who is liable to pay the costs.

(f)  Any objection that is lodged with the applicant after the application is lodged with the Manager, Costs Assessment is to be sent by the applicant to the costs assessor to whom the application for assessment is referred (together with any response that the applicant wishes to make).

(2)  The following procedure applies to an application for assessment of ordered costs made by the person liable to pay the costs:

(a)  Before the application is made to the Manager, Costs Assessment, the applicant is to complete the application in the approved form and send the application to the person to whom the costs are payable (the recipient) with a notice advising the recipient that the information required of the recipient in the form is to be provided by the recipient and the completed application form returned to the applicant within 21 days after the recipient receives the notice (or within any longer period that the applicant and the recipient agree).

(b)  If the applicant wishes to object to the information provided, the applicant is to lodge the objection in writing with the person who provided the information, together with a notice advising the person that any response to the objection must be lodged with the applicant in writing within 21 days after the person receives the notice.

(c)  The applicant is to attach to the application any such objection made by the applicant and any response received by the applicant before the application is lodged with the Manager, Costs Assessment.

(d)  If no such response is received, the applicant is to certify in the application that no response to the objection made by the applicant was received by the applicant before the application was lodged with the Manager, Costs Assessment.

(e)  The application may not be lodged with the Manager, Costs Assessment until after the applicant receives the information referred to in paragraph (a) and, if an objection is duly made by the applicant, until:

(i)  if no response is duly lodged by the other person—after the period referred to in paragraph (b), or

(ii)  if a response is duly lodged—after the response is lodged.

(f)  However, if the information referred to in paragraph (a) is not provided within the period specified in that paragraph, the application may be lodged with the Manager, Costs Assessment at any time after that period has expired.

(g)  A copy of the application is to be sent by the Manager, Costs Assessment to the person to whom the costs are payable.

(h)  Any response that is lodged with the applicant after the application is lodged with the Manager, Costs Assessment is to be sent by the applicant to the costs assessor to whom the application for assessment is referred.

(3)  On receipt of a referral by a court or tribunal under section 74 (2) of the application Act for assessment of ordered costs, the Manager, Costs Assessment is to deal with the direction as if it were an application referred to in subclause (2) made by the person liable to pay the costs and as if the Manager, Costs Assessment were the applicant.

(1)  If there is an associated third party payer for a client of a law practice:

(a)  the client or the associated third party payer may make one or more applications for assessment in relation to costs for which the client or third party payer is solely liable, and

(b)  those applications may be made by them at the same time or at different times and may be dealt with jointly or separately.

(2)  If there is a non-associated third party payer for a client of a law practice:

(a)  the client or the non-associated third party payer may make one or more applications for assessment in relation to costs for which the client or third party payer is solely liable, and

(b)  those applications may be made by them at the same time or at different times and may be dealt with jointly or separately, and

(c)  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.

Note—

A person notified of an application for a costs assessment under section 198 (8) of the Uniform Law is taken to be a party to the costs assessment.

(1)  For the purposes of determining an application for a costs assessment, a costs assessor may, by notice in writing, require a person (including the applicant, the law practice concerned, or any other law practice or client) to do any one or more of the following:

(a)  to produce, at a specified time and place, any specified document (or a copy of the document),

(b)  to provide written information on or before a specified date (verified by statutory declaration if the requirement so states) including, for example:

(i)  information as to the instructions given to, or work done by, any law practice in respect of the matter concerned, and

(ii)  information as to the basis on which the costs concerned were calculated,

(c)  to otherwise assist in, or co-operate with, the determination of the assessment in a specified manner.

(2)  A person who is subject to a requirement under subclause (1) must comply with the requirement.

Maximum penalty: 50 penalty units.

(3)  If a person fails, without reasonable excuse, to comply with a notice under this clause, the costs assessor may decline to deal with the application or may continue to deal with the application on the basis of the information provided.

(1)  An assessment of costs fixed by a regulation under section 149 of the Motor Accidents Compensation Act 1999 is to be made in accordance with that regulation (despite anything to the contrary under Part 5).

(2)  An assessment of costs fixed by a provision of any other Act, or a statutory rule made under any other Act, is to be made:

(a)  if the costs are fixed by a provision of any other Act—in accordance with that provision (despite anything to the contrary in Part 5), or

(b)  if the costs are fixed by a provision of a statutory rule made under any other Act—in accordance with that provision (but only to the extent that the provision is not inconsistent with Part 5).

(1)  The Manager, Costs Assessment may, for the purpose of assisting in the reference of applications for assessment to costs assessors, group costs assessors in panels according to expertise, location and jurisdiction.

(2)  The Manager, Costs Assessment is to refer applications for assessment of costs to the most suitable costs assessor having regard to the following:

(a)  the availability of costs assessors,

(b)  the nature of the matter,

(c)  in the case of an assessment of ordered costs—the jurisdiction of the court or tribunal in which the order for costs was made,

(d)  the location of the parties and the Australian legal practitioners acting for the parties concerned,

(e)  the avoidance of conflicts of interests of costs assessors.

(3)  The Manager, Costs Assessment must inform the parties to an application for assessment of the name, address and other contact details of the costs assessor to whom the application has been referred.

In determining under section 71 (1) (c) of the application Act by whom and to what extent the costs of the assessment of ordered costs are to be paid, the costs assessor may have regard to the following:

(a)  the extent to which the determination of the amount of fair and reasonable ordered costs differs from the amount of those costs claimed in the application for assessment,

(b)  whether or not, in the opinion of the costs assessor, either or both of the parties to the application made a genuine attempt to agree on the amount of the fair and reasonable costs concerned,

(c)  whether or not, in the opinion of the costs assessor, a party to the application unnecessarily delayed the determination of the application for assessment.

(1)  A costs assessor must ensure that a certificate issued under section 70 or 71 of the application Act that sets out his or her determination is accompanied by:

(a)  a statement of the reasons for the costs assessor’s determination, and

(b)  the information specified in subclause (2).

(2)  The following information is to accompany a certificate:

(a)  the total amount of costs for providing legal services determined to be fair and reasonable,

(b)  the total amount of disbursements determined to be fair and reasonable,

(c)  each disbursement varied by the determination,

(d)  in respect of any disputed costs, an explanation of:

(i)  the basis on which the costs were assessed, and

(ii)  how the submissions made by the parties were dealt with,

(e)  if the costs assessor declines to assess a bill of costs—the basis for doing so,

(f)  a statement of any determination that interest is payable at a rate specified by the assessor or that no interest is payable.

Note—

The rate of interest determined by an assessor must not exceed the rate referred to in section 195 (4) of the Legal Profession Uniform Law (NSW), see section 81 (1) (a) of the application Act.

(3)  The statement of reasons may be accompanied by any other information that the costs assessor considers is necessary to clarify the determination of the application for a costs assessment.

(1)  The costs assessor must forward a certificate issued under section 70 of the application Act or a copy of the certificate to:

(a)  the Manager, Costs Assessment, and

(b)  each party to the assessment, unless subclause (2) applies.

(2)  If the costs of the costs assessor are payable by a party to the assessment as referred to in section 71 of the application Act, the costs assessor must:

(a)  forward a copy of the certificate to the Manager, Costs Assessment only, 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 costs assessor.

(3)  Subclause (2) does not apply:

(a)  to a certificate issued before the completion of the assessment process, or

(b)  if the fee for the application for the costs assessment has been waived or postponed (either wholly or in part) by the Manager, Costs Assessment.

(1)  At any time after making a determination, a costs assessor may, for the purpose of correcting an inadvertent error in the determination:

(a)  make a new determination in substitution for the previous determination, and

(b)  issue a certificate under section 70 or 71 of the application Act that sets out the new determination.

(2)  The certificate replaces any certificate setting out the previous determination of the costs assessor that has already been issued by the costs assessor.

(3)  On the filing of the replacement certificate in the office or registry of a court having jurisdiction to order the payment of the amount of the new determination, any judgment that is taken to have been effected by the filing of that previously issued certificate is varied accordingly.

(1)  A costs assessor is qualified to be a member of a review panel only if the assessor’s name appears on the list compiled under subclause (2).

(2)  The Chief Justice of New South Wales may compile a list of costs assessors considered by the Chief Justice to be suitably qualified to be members of panels.

(3)  The Chief Justice may amend or revoke any list compiled under this clause for any reason that the Chief Justice considers appropriate.

(4)  The Chief Justice may delegate any of his or her functions under this clause (other than this power of delegation) to:

(a)  a Judge of the Supreme Court, or

(b)  a committee comprised of one Judge of the Supreme Court and any other persons that the Chief Justice may appoint.

(1)  For the purposes of section 83 (2) of the application Act, an application for a review of a determination of a costs assessor by a party to the costs assessment is to be made in the approved form.

(2), (3)    (Repealed)

(4)  For the purposes of section 83 (3) (b) of the application Act, the prescribed fee that is to accompany an application for a review is $275.

(5)  An application for a review of a determination of a costs assessor is to be accompanied by the following:

(a)  an affidavit that a copy of the application has been given to the other parties,

(b)  a copy of all of the costs assessor’s certificates of determination relating to the assessment that is the subject of the application,

(c)  a copy of the costs assessor’s statement of the reasons for the determination.

(6)  Any other document in relation to the application that is required or permitted to be given to the Manager, Costs Assessment or a review panel may be given to the Manager, Costs Assessment or to the panel in any of the following ways:

(a)  by filing it with the Manager, Costs Assessment,

(b)  by sending it by post to the Manager, Costs Assessment, or to a place nominated by the review panel,

(c)  by delivering it to the DX box of the Manager, Costs Assessment,

(d)  in any other way that a member of the panel on behalf of the panel directs.

(7)  For the purposes of section 83 (3) (c) of the application Act, a copy of the application may be served on another party by sending it to the other party at the contact address provided by the other party for the purposes of the original costs assessment.

cl 45: Am 2015 No 67, Sch 1.14.

(1)  For the purposes of section 84 (2) (a) of the application Act, an application by the Manager, Costs Assessment for a review of a determination of a costs assessor is to be made in the approved form.

(2)  The application is to be accompanied by the following:

(a)  a copy of all of the costs assessor’s certificates of determination relating to the assessment that is the subject of the application,

(b)  a copy of the costs assessor’s statement of the reasons for the determination.

(3)  For the purposes of section 84 (2) (b) of the application Act, a copy of the application may be served on a party by sending it to the contact address provided by the party for the purposes of the original costs assessment.

(1)  The Manager, Costs Assessment is to refer a duly made application for a review under section 83 of the application Act to a review panel.

(2)  A costs assessor whose determination is the subject of an application for a review may not be a member of a review panel to which the application has been referred.

(3)  A member of a review panel who has an interest in an application must, as soon as practicable after becoming aware of that fact, inform the Manager, Costs Assessment of that interest.

(4)  If the Manager, Costs Assessment is satisfied that a member of a review panel has an interest in the application, the Manager must refer the application to a differently constituted panel that does not include that member.

(1)  The Manager, Costs Assessment may, for the purpose of assisting in the reference of applications for reviews of determinations by review panels, place costs assessors in groups according to factors including expertise, location and jurisdiction.

(2)  The Manager, Costs Assessment is to refer an application for a review by a review panel to a panel of the most suitable costs assessors having regard to the following:

(a)  the availability of costs assessors,

(b)  the nature of the matter,

(c)  the location of the parties and the Australian legal practitioners acting for the parties concerned,

(d)  the avoidance of conflicts of interests of costs assessors.

(3)  The Manager, Costs Assessment:

(a)  is to issue a notice advising all parties directly affected by the review of the names of the costs assessors who constitute the review panel, and

(b)  is to direct that all correspondence to the panel be addressed care of the Manager, Costs Assessment unless a member of the panel on behalf of the panel directs otherwise.

(1)  A review panel may, by notice in writing, require a costs assessor, a law practice or any other person (such as an applicant or an associate of a law practice) to produce to the panel any document in his or her possession relating to an assessment of costs by a costs assessor.

(2)  If a person fails, without reasonable excuse, to comply with a notice under this clause, the review panel may decline to deal with an application for review or may continue to deal with it on the basis of the information provided.

(3)  A costs assessor is to retain in his or her possession any document relating to a costs assessment (other than a document that is returned to a party to the assessment) until:

(a)  the period of 12 months has elapsed since the issue of a certificate under section 70 of the application Act setting out the determination of the costs assessor, or

(b)  the costs assessor receives a notice under this clause in relation to the document,

whichever happens first.

(4)  A law practice or an associate of a law practice is to retain possession of any document relating to a costs assessment that is returned to the practice or associate by the costs assessor until:

(a)  the period of 12 months has elapsed since the issue of a certificate under section 70 of the application Act setting out the determination of the costs assessor, or

(b)  the practice or associate receives a notice under this clause in relation to the document,

whichever happens first.

If, on review of a costs assessor’s determination, a review panel affirms the determination, the panel is to issue a certificate that sets out its determination.

(1)  The review panel must ensure that a certificate under section 87 of the application Act or clause 50 that sets out the determination of a review panel is accompanied by:

(a)  a statement of the reasons for the panel’s determination, and

(b)  the information required by subclause (2).

(2)  The following information is required to accompany the certificate:

(a)  the total amount of costs for providing legal services determined to be fair and reasonable,

(b)  the total amount of disbursements determined to be fair and reasonable,

(c)  each disbursement varied by the determination,

(d)  in respect of any disputed costs, an explanation of:

(i)  the basis on which the costs were assessed, and

(ii)  how the submissions made by the parties were dealt with,

(e)  a statement of any determination as to the person by whom and the extent to which either the fee paid or payable for the application for review or the costs of the costs assessor, or both, are to be paid,

(f)  if the determination relates to costs other than ordered costs and the review panel declines to deal with an application for review of a bill of costs—the basis for doing so,

(g)  any other information that the panel considers necessary to clarify the review of a costs assessor’s determination.

The review panel is to give to the Manager, Costs Assessment a copy of a certificate setting out the determination by the panel of an application for the review of a determination of a costs assessor.

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

(2)  If a review panel sets aside the determination of a 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% of the total costs payable as assessed by the costs assessor.

(3)  Except as provided by subclauses (2) and (3), a review panel may require any party to an 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.

(4)  In determining by whom and to what extent the costs of a review are to be paid, a review panel may have regard to the following:

(a)  the extent to which the determination of the amount of fair and reasonable costs differs from the amount of those costs claimed in the application for review,

(b)  whether or not, in the opinion of the panel, either or both of the parties to the application made a genuine attempt to agree on the amount of the fair and reasonable costs concerned,

(c)  whether or not, in the opinion of the panel, a party to the application unnecessarily delayed the determination of the review.

(1)  If the costs of a review panel are payable by a person referred to in section 88 (1) (c) of the application Act, the panel must:

(a)  forward the certificate issued under section 87 of the application Act or clause 50 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.

(2)  This clause does not apply in respect of the issue of a certificate by a review panel if the fee for the application for the review by the panel has been waived or postponed (either wholly or in part) by the Manager, Costs Assessment.

(1)  At any time after making a determination, a review panel that conducts a review may, for the purpose of correcting an inadvertent error in the determination:

(a)  make a new determination in substitution for the previous determination, and

(b)  issue a certificate under this Division that sets out the new determination of the panel.

(2)  The certificate replaces any certificate setting out the previous determination of the review panel that has already been issued by the panel.

(3)  On the filing of the replacement certificate in the office or registry of a court having jurisdiction to order the payment of the amount of the new determination, any judgment that is taken to have been effected by the filing of that previously issued certificate is varied accordingly.

An application for an assessment of costs made under section 284 of the Uniform Law is to be treated, for the purposes of this Part, as if it were an application made by a client.

The Costs Assessment Rules Committee may, for the purpose of assisting costs assessors in assessing costs, distribute to costs assessors any of the following:

(a)  information that has been published about market rates for legal costs,

(b)  information about comparative assessments of costs previously made by costs assessors,

(c)  relevant judgments of the Supreme Court on appeal from costs assessors’ determinations,

(d)  information about relevant provisions of the application Act and this Regulation relating to costs assessment,

(e)  any other relevant information.

The Chief Justice of the Supreme Court may, on the recommendation of the Costs Assessment Rules Committee, approve forms (and amendments to approved forms) for the purposes of this Part.

The provisions of the Legal Profession Act 2004 and the Legal Profession Regulation 2005 relating to ordered costs continue to apply to a matter if the proceedings to which the costs relate commenced before 1 July 2015.