Land Acquisition Act 1993

An acquiring authority must pay the costs reasonably incurred by a claimant where those costs are not incurred as the result of the commencement of proceedings or arbitration pursuant to section 42(1) if those costs were incurred by the claimant as a consequence of – the taking of subject land; or the service and withdrawal or lapsing of a notice to treat; or the amendment or revocation of a notice of acquisition; or the reconveyance of land taken to its former owner; or the exercise by the authority of any power under Part 6.

For the purposes of subsection (1), the fees of the claimant's legal practitioner payable by the acquiring authority are to be determined in accordance with the provisions of – the relevant Supreme Court Rules; and any regulations made under the Supreme Court Civil Procedure Act 1932 – in relation to the fees of legal practitioners.

In the absence of agreement between an acquiring authority and a claimant as to the amount of the costs reasonably incurred, the amount of those costs may be referred, in writing, by either the owner or the authority to the taxing officer of the Court.

The taxing officer of the Court shall determine the amount of costs referred to the taxing officer under subsection (3) in accordance with the provisions for the taxation of costs contained in the relevant Supreme Court Rules.

The claimant or the acquiring authority may apply under – the relevant Supreme Court Rules; and any regulations made under the Supreme Court Civil Procedure Act 1932 – in relation to the review of the taxation of costs of legal practitioners for an order to review the taxation of costs, and those rules and regulations apply in relation to the making of such an order.