Uniform Civil Procedure Rules 1999

A costs assessor appointed to carry out a costs assessment is to decide the procedure to be followed on the assessment.

However, the procedure must be—

appropriate to the scope and nature of the dispute and the amount in dispute; and

consistent with the rules of natural justice; and

fair and efficient.

Also, if the costs are payable out of a fund—

the applicant must serve on the person having charge of the fund a notice—

identifying the fund; and

stating that the costs in the costs statement to be assessed are payable out of the fund; and

stating when the costs are to be assessed; and

containing or attaching any other information the costs assessor requires to be included in or with the notice; and

the person having charge of the fund may make submissions to the costs assessor in relation to the assessment.

Without limiting subrule (1) or (2), the costs assessor may decide to do all or any of the following—

hear the costs assessment in private;

carry out the costs assessment on the papers without an oral hearing;

not be bound by laws of evidence or procedure applying to a proceeding in the court;

be informed of the facts in any way the costs assessor considers appropriate;

not make a record of the evidence given.