› Scheme for costs assessment in Legal Profession Act 2004
› Determination of cost assessor referred to Review Panel
› Certificate of Determination of Costs issued by costs assessor and filed in court
› whether filing of Certificate impermissible while review taking place
› whether filing of Certificate while review taking place amounted to an illegality or procedural irregularity
› whether filing of certificate should be set aside.
Statutory Interpretation
› Legal Profession Act 2004
› Effect on Certificate filed under s 368(5) of referral to Review Panel under Subdivision 5
› Relationship between s 377(1) and filing of certificate under s 368(5)
› Whether s 377(1) prohibits or qualifies the filing of a certificate under s 368(5).
Constitutional Law
› Principle in Kable v DPP
› whether costs assessment scheme provided for in s 368(5) Legal Profession Act 2004 compromises institutional integrity of Chapter III Courts
› whether costs assessment scheme incompatible with exercise by Supreme Court of New South Wales of federal judicial power pursuant to Ch III Constitution
› Constitutional validity of s 368(5) Legal Profession Act
› whether s 368(5) a valid legislative enactment of New South Wales Parliament.
Case Details
Citation[2015] NSWSC 197
CourtNSWSC
JurisdictionNew South Wales
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