Legal Profession Uniform Law (NSW)

Without affecting the powers of a court or tribunal to award costs in relation to a costs assessment, a costs assessor is, subject to this section, to determine the costs of a costs assessment and by whom they are payable.

Unless the costs assessor believes that in all the circumstances it is not fair and reasonable for the costs to be paid otherwise, the costs of a costs assessment are payable by a law practice if—

the law practice has failed to disclose a matter required to be disclosed by Division 3; or

the law practice has failed to disclose a matter required to be disclosed in the manner required by Division 3; or

the law practice’s costs have been reduced by 15% or more on assessment.