New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 293

293 Cases where binding determinations are not made in costs disputes

(1) The designated local regulatory authority is to cease dealing with a costs dispute in the circumstances referred to in subsection (2), but is to inform the parties of the right to apply for a costs assessment or to make an application under jurisdictional legislation for the matter to be determined.

(2) The action under subsection (1) is to be taken where--

(a) an attempted resolution by the designated local regulatory authority of a costs dispute referred to in section 291(1) is unsuccessful (whether wholly or partly); and

(b) either--

(i) the total amount of legal costs still in dispute is equal to or more than $10 000 (indexed); or

(ii) the total amount of legal costs still in dispute is less than $10 000 (indexed) and the designated local regulatory authority notifies the parties in writing that it is unable to resolve the dispute.

Note: Section 197 provides in part that legal costs that are or have been the subject of a costs dispute under this Chapter may not be the subject of a costs assessment unless the designated local regulatory authority is unable to resolve the costs dispute and has notified the parties of their entitlement to apply for a costs assessment. Consequently, a costs assessment is not available where a costs dispute is resolved.