Criteria for adjudication
46 Criteria for adjudication
In conducting an adjudication of legal costs, the Supreme Court must—
consider—
whether or not it was reasonable to carry out the work to which the legal costs relate; and
whether or not the work was carried out in a reasonable manner;
and
the fairness and reasonableness of the amount of legal costs in relation to the work, except to the extent that clause 47 or
48 applies to any disputed costs;
and
if the legal costs have been the subject of a complaint to the
Commissioner of overcharging—have regard to any recommendation made by the Commissioner that the charges be reduced or an amount refunded to the client.
In considering what is a fair and reasonable amount of legal costs, the Supreme Court may have regard to any or all of the following matters:
whether the law practice and any legal practitioner or
Australian-registered foreign lawyer acting on its behalf has complied with the law;
any disclosures made by the law practice under
Part 3;
any relevant advertisement as to—
the law practice's costs; or
the skills of the law practice or of any legal practitioner or
Australian-registered foreign lawyer acting on its behalf;
the skill, labour and responsibility displayed on the part of the legal practitioner or Australian-registered foreign lawyer responsible for the matter;
the retainer and whether the work done was within the scope of the retainer;
the complexity, novelty or difficulty of the matter;
the quality of the work done;
the place where, and circumstances in which, the legal services were provided;
the time within which the work was required to be done;
any other relevant matter.
In conducting an adjudication of legal costs payable by a non‑associated third party payer, the Supreme Court must also consider whether it is fair and reasonable in the circumstances for the non‑associated third party payer to be charged the amount claimed.
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