Legal Profession Act 2007

If any part of a complaint relates to a bill of costs, the Board may – refer the bill to a costs assessor to be assessed; or deal with that part of the complaint under this Chapter.

The referral of a bill of costs under subsection (1) does not affect the power of the Board to investigate any other part of a complaint which does not relate to the dispute about the bill of costs.

Any such referral may be made outside the 60-day period referred to in section 319 (Application by clients or third party payers for costs assessment).

In exercising its discretion under subsection (1), the Board must consider whether the client was aware of his or her right to apply for a review of the costs within that 60-day period and, if the client was aware, whether the application may cause unfair prejudice to the Australian legal practitioner who is the subject of the complaint.

Subject to this section, Division 7 of Part 3.3 applies to an assessment referred under subsection (1)(a) as if the Board were a client of the Australian legal practitioner.