New South Wales Consolidated Regulations

LEGAL PROFESSION UNIFORM LAW APPLICATION REGULATION 2015 - REG 35

35 Procedure before application for assessment of ordered costs

(1) The following procedure applies to an application for assessment of ordered costs made by the person to whom the costs are payable:

(a) Before the application is made to the Manager, Costs Assessment, the applicant is to complete the application in the approved form and send a copy of the application to the person liable to pay the costs with a notice advising the person that any objection to the application must be lodged with the applicant in writing within 21 days after the person receives the notice.

(b) The applicant is to attach to the application any such objection received by the applicant before the application is lodged with the Manager, Costs Assessment. The applicant may attach to the application a response to any such objection.

(c) If no such objection is received, the applicant is to certify in the application that no objection was received by the applicant before the application was lodged with the Manager, Costs Assessment.

(d) The application may not be lodged with the Manager, Costs Assessment until after the applicant duly receives an objection or the period referred to in paragraph (a) expires (whichever first occurs).

(e) A copy of the application is to be sent by the Manager, Costs Assessment to the person who is liable to pay the costs.

(f) Any objection that is lodged with the applicant after the application is lodged with the Manager, Costs Assessment is to be sent by the applicant to the costs assessor to whom the application for assessment is referred (together with any response that the applicant wishes to make).

(2) The following procedure applies to an application for assessment of ordered costs made by the person liable to pay the costs:

(a) Before the application is made to the Manager, Costs Assessment, the applicant is to complete the application in the approved form and send the application to the person to whom the costs are payable (the
"recipient" ) with a notice advising the recipient that the information required of the recipient in the form is to be provided by the recipient and the completed application form returned to the applicant within 21 days after the recipient receives the notice (or within any longer period that the applicant and the recipient agree).

(b) If the applicant wishes to object to the information provided, the applicant is to lodge the objection in writing with the person who provided the information, together with a notice advising the person that any response to the objection must be lodged with the applicant in writing within 21 days after the person receives the notice.

(c) The applicant is to attach to the application any such objection made by the applicant and any response received by the applicant before the application is lodged with the Manager, Costs Assessment.

(d) If no such response is received, the applicant is to certify in the application that no response to the objection made by the applicant was received by the applicant before the application was lodged with the Manager, Costs Assessment.

(e) The application may not be lodged with the Manager, Costs Assessment until after the applicant receives the information referred to in paragraph (a) and, if an objection is duly made by the applicant, until:

(i) if no response is duly lodged by the other person--after the period referred to in paragraph (b), or

(ii) if a response is duly lodged--after the response is lodged.

(f) However, if the information referred to in paragraph (a) is not provided within the period specified in that paragraph, the application may be lodged with the Manager, Costs Assessment at any time after that period has expired.

(g) A copy of the application is to be sent by the Manager, Costs Assessment to the person to whom the costs are payable.

(h) Any response that is lodged with the applicant after the application is lodged with the Manager, Costs Assessment is to be sent by the applicant to the costs assessor to whom the application for assessment is referred.

(3) On receipt of a referral by a court or tribunal under section 74 (2) of the application Act for assessment of ordered costs, the Manager, Costs Assessment is to deal with the direction as if it were an application referred to in subclause (2) made by the person liable to pay the costs and as if the Manager, Costs Assessment were the applicant.