Legal Profession Act 2007

A costs assessor must determine the costs of a costs assessment.

Unless the costs assessor otherwise orders and subject to subsection (5), the law practice to which the legal costs are payable or were paid must pay the costs of the assessment if – on the assessment the legal costs are reduced by 15% or more; or the costs assessor is satisfied that the law practice failed to comply with Division 3 (Costs disclosure).

Unless the costs assessor otherwise orders and subject to subsection (5), if the law practice is not, under subsection (2), liable to pay the costs of the assessment, the costs of the assessment must be paid by the party ordered by the costs assessor to pay those costs.

Where a party has delayed or put another party to unnecessary expense, the costs assessor may – direct the party that caused the delay or unnecessary expense to pay the costs arising from the delay or costs of the unnecessary expense; and adjust the costs by way of deduction.

The costs assessor may refer to the Supreme Court any special circumstances relating to a costs assessment and the Court may make any order it thinks fit concerning the costs of the costs assessment.

The costs assessor may order that the party who is liable to pay the costs of assessment pay to the Court a fee of not more than 4% of the amount allowed on the costs assessment.