Determination of costs assessment
344 Determination of costs assessment
(1) A costs assessor must determine an application for a costs assessment relating to a bill by:
confirming the bill; or
(b) if the assessor is satisfied the disputed costs are unfair or unreasonable – by substituting for the amount of the costs an amount that, in the assessor's opinion, is a fair and reasonable amount.
(1A) A costs assessor must determine an application for a costs assessment relating to legal costs that have been paid without a bill by:
confirming the amount of the costs paid; or
(b) if the assessor is satisfied the disputed costs are unfair or unreasonable – by substituting for the amount of the costs an amount that, in the assessor's opinion, is a fair and reasonable amount.
(2) 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.
(3) A costs assessor may not determine that any part of a bill that is not the subject of an application is unfair or unreasonable.
This Act’s bill:Explanatory statementSecond reading speech
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