New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 93

93 Costs assessment rules

(1) The Costs Assessment Rules Committee may make rules (
"costs assessment rules" ), not inconsistent with this Act or the Legal Profession Uniform Law (NSW) , for or with respect to costs assessments and reviews, including without limitation--

(a) the making, timing and processing of applications for costs assessments and reviews, and

(b) the conduct of costs assessments and reviews, including--

(i) the practice and procedure for costs assessments and reviews, and

(ia) conferring power on costs assessors to take evidence orally or in writing and to examine witnesses and administer oaths, and

(ii) the appointment of costs assessors to conduct costs assessments, and

(iii) the establishment of review panels and the appointment of costs assessors to review panels, and

(iv) matters relating to the interests of costs assessors in particular matters, and

(v) the determination and payment of the costs of costs assessments and reviews, and

(vi) the issue of certificates of determinations and the forwarding of such certificates (or copies of such certificates)--

(A) by the costs assessor to the parties to the costs assessment or the Manager, Costs Assessment or both, and

(B) by the Manager, Costs Assessment to the parties to the costs assessment, and

(vii) the giving of reasons for determinations and the provision of supplementary information to accompany the reasons, and

(viii) the suspension of a costs determination in the event of an application for a costs review, and

(c) requiring a person (including an applicant, the law practice concerned, any other law practice or client, or a costs assessor) to produce documents, to provide information (verified by statutory declaration if the requirement so states), or otherwise to assist in, or co-operate with, the determination or finalisation of an assessment or review, and

(d) requiring documents produced in response to a requirement referred to in paragraph (c) to be returned or otherwise disposed of within a period specified in or determined in accordance with the rules, and

(e) the correction of errors in a determination.

(2) A rule may do any of the following--

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind,

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.

(3) The rules must be published on the NSW legislation website.

(4) Sections 40 and 41 of the Interpretation Act 1987 apply to the rules in the same way as they apply to a statutory rule.

(5) The local regulations prevail over the rules in the event of an inconsistency.