Assessment of bills generally
111 Assessment of bills generally
When considering an application relating to a bill of costs, the Commission must consider—
whether or not it was reasonable to carry out the work to which the costs relate, and
whether or not the work was carried out in a reasonable manner, and
the fairness and reasonableness of the amount of the costs in relation to that work.
The Commission is to determine the application by confirming the bill of costs or, if the Commission is satisfied that the disputed costs are unfair or unreasonable, by substituting for the amount of the costs an amount that, in the Commission’s opinion, is a fair and reasonable amount.
Any amount substituted for the amount of the costs may include an allowance for any fee paid or payable for the application by the applicant.
If a law practice is liable under section 204(2) of the Legal Profession Uniform Law (NSW) to pay the costs of the costs assessment (including the costs of the Commission), the Commission is to determine the amount of those costs. The costs incurred by the client are to be deducted from the amount payable under the bill of costs and the costs of the Commission are to be paid to the Commission.
The Commission may not determine that any part of a bill of costs that is not the subject of an application is unfair or unreasonable.
Note.
Clause 110 requires an assessment of costs to give effect to the maximum costs set out in Schedules 6 and 7, as well as to other matters.
Section 337(3) and (4) of the 1998 Act provide that a law practice or an agent is not entitled to be paid or recover for a legal service or agent service or other matter an amount that exceeds any maximum costs fixed for the service or matter by regulations under section 337.
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