Uniform Civil Procedure Rules 1999

The relevant court may hold a directions hearing in relation to an application for a costs assessment.

At a directions hearing, the relevant court may consider the following matters—

whether the application has been properly filed and served;

whether notice has been given as required under the Legal Profession Act 2007, section 339(1);

whether it is appropriate to refer the application to mediation;

whether it is appropriate for any question to be tried before the costs are assessed, including, for example—

whether a person claimed to be liable to pay costs is liable to pay those costs; and

whether any costs agreement relied on by the lawyer concerned is void; and

whether the lawyer concerned was negligent; and

whether the lawyer concerned was in breach of the contract of retainer; and

whether the lawyer concerned acted without the instructions of, or contrary to the instructions of, the client;

whether anything else should be done before the costs are assessed.

Also, the relevant court may—

if the grounds of dispute relate only to the amount of costs—order that a particular costs assessor be appointed to carry out the costs assessment; or

otherwise—order that the application be heard by the relevant court.