Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 743G

743G Directions hearing

(1) The relevant court may hold a directions hearing in relation to an application for a costs assessment.

(2) At a directions hearing, the relevant court may consider the following matters—

(a) whether the application has been properly filed and served;

(b) whether notice has been given as required under the Legal Profession Act 2007 , section 339 (1) ;

(c) whether it is appropriate to refer the application to mediation;

(d) whether it is appropriate for any question to be tried before the costs are assessed, including, for example—

(i) whether a person claimed to be liable to pay costs is liable to pay those costs; and

(ii) whether any costs agreement relied on by the lawyer concerned is void; and

(iii) whether the lawyer concerned was negligent; and

(iv) whether the lawyer concerned was in breach of the contract of retainer; and

(v) whether the lawyer concerned acted without the instructions of, or contrary to the instructions of, the client;

(e) whether anything else should be done before the costs are assessed.

(3) Also, the relevant court may—

(a) if the grounds of dispute relate only to the amount of costs—order that a particular costs assessor be appointed to carry out the costs assessment; or

(b) otherwise—order that the application be heard by the relevant court.