A costs assessment under the Legal Profession Act 2004 (NSW) should be restrained where the issues raised — particularly as to the existence and terms of a costs agreement — involve seriously contested questions of fact that cannot be resolved in a procedurally fair manner through the paper-based assessment process. The test is whether the issues are able to be dealt with by way of written submissions in a way that accords procedural fairness to the parties. The costs assessment regime is not the exclusive means of determining the reasonableness of solicitors' costs.
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