Calandra v Murden

[2015] NSWCA 231

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Costs assessment
3. › Legal Profession Act 2004 (NSW)
4. › Filing of costs assessor's certificate
5. › Deemed judgment under s 368(5)
6. › Whether judgment entered where no unpaid costs at time of filing
7. › Whether Local Court had power to set aside judgment
8. › Legal Profession Act 2004 (NSW), s 368(5)
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside judgments
4. › Judgment entered irregularly or against good faith
5. › Costs assessor's certificate filed where liability released by deed
6. › Whether setting aside judgment sets aside underlying determination
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.15
1. Practice and Procedure
2. › Courts
3. › Implied powers
4. › Power to correct court records
5. › Local Court's implied power to set aside judgment and filed form
6. › Local Court Act 2007 (NSW), ss 39, 40

Quick Take

A judgment deemed to have been entered under s 368(5) of the Legal Profession Act 2004 (NSW) on the filing of a costs assessor's certificate may be set aside by the court in which it was filed under UCPR r 36.15 or the court's implied power, without setting aside the underlying costs assessment. Section 368(5) only deems a judgment for the amount of costs that are actually 'unpaid' at the time of filing, not the full amount of the assessment where liability has been released.