Legal Profession Act 2007

A party who is dissatisfied with the outcome of an assessment may object before the final certificate is signed.

An objection under subsection (1) is to be – in writing, specifying in a concise form the items or parts of items objected to and the grounds of each objection; and delivered to each party interested in the objection; and given to the costs assessor with a request to review the assessment in respect of the matters set out in the objection.

Pending the determination of an objection, the costs assessor may sign a certificate in respect of the items in the bill of costs that are not the subject of any objection.

After the determination of the objection, the costs assessor is to sign any further certificate as may be necessary.

On an objection being made in accordance with subsection (2), the costs assessor – is to reconsider and review the assessment of the items that are the subject of the objection; and may receive further evidence in respect of those items; and if so required by a party, is to state in the certificate – the grounds and reasons of the decision on the objection; and any special facts or circumstances relating to those grounds and reasons; and may assess the costs of the objection and add them to or deduct them from any sum payable by or to any party to the assessment.

The costs assessor may not review an assessment after the certificate is signed except to correct a clerical or obvious error.