Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 650

650 Referral of issue to costs assessor

(1) The court may order that any issue relating to a lawyer’s fees charged to an estate be referred to a costs assessor for a costs assessment.

(2) On making an order under subrule (1) , the court may—

(a) appoint a costs assessor to undertake the costs assessment; and

(b) direct the trustee to cause a costs statement in assessable form to be prepared; and

(c) determine who is to pay the costs of the cost assessment and the lawyer’s costs of preparing the costs statement.

(3) The costs assessment is to be made under chapter 17A , part 4 .

(4) For the purposes of applying subrule (3) —

(a) despite rule 743I (3) , a reference to a notice of objection in chapter 17A , part 4 is taken to be a reference to a notice of objection under rule 649 , so far as the notice of objection relates to a lawyer’s fees; and

(b) despite rule 743I , rule 720 (3) does not apply to a costs assessment referred to a costs assessor under this rule; and

(c) the court may give directions for notice to be given to the persons referred to in the Legal Profession Act 2007 , section 339 (1) .

(5) The certificate of the costs assessor must distinguish between professional and non-professional work by the lawyer.