Where a non-associated third party payer applies for a costs assessment under the Legal Profession Act 2004 (NSW), the costs assessor is not required to assess the disputed costs by reference to a costs agreement between the law practice and its client to which the third party payer is not a party. A costs assessor has no power to determine amounts in respect of GST payable on legal costs, as GST does not fall within the statutory definition of assessable costs.
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2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.