Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 739

739 Costs assessment started before commencement

(1) This section applies if, before the commencement—

(a) a person (the
"applicant" ) applied as mentioned in the Queensland Law Society Act 1952 , section 6ZA , for the appointment of a costs assessor to assess an account given to the person by a practitioner or firm; and

(b) the appointed costs assessor has not made the assessment.

(2) The costs assessor must continue to deal with the costs assessment under the repealed Queensland Law Society Act 1952 .

(3) For subsection (2), repealed part 2A, division 6A, continues to apply to the applicant, the practitioner or firm, the costs assessor and the application, as if that division had not been repealed, including, for example repealed sections 6ZD, 6ZE and 6ZF.

(4) However, if the applicant and the relevant practitioner or firm gives written notice to the costs assessor that they agree the matter should be dealt with under this Act, the costs assessor must not continue to deal with the costs assessment under the repealed Queensland Law Society Act 1952 .

(5) The applicant may apply for a costs assessment under this Act in relation to the account despite the previous application.

(6) If an application is made under this Act within 1 year of the date of the notice mentioned in subsection (4), a provision of this Act, that provides that an application must be made within a particular period, does not prevent the application being made, including, for example, sections 335 and 336.