Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 742

742 Review by court

(1) A party dissatisfied with a decision included in a costs assessor’s certificate of assessment may apply to the court to review the decision.

(2) An application for review must be filed within—

(a) if reasons are requested under rule 738 (1) —14 days after the party receives those reasons; or

(b) otherwise—14 days after the party receives the certificate.

(3) The application must—

(a) state specific and concise grounds for objecting to the certificate; and

(b) have attached to it a copy of any written reasons for the decision given by the costs assessor; and

(c) state any other matter required by a practice direction made in relation to this rule.

(4) The applicant must serve a copy of the application on all other parties to the assessment within 14 days after the application is filed.

(5) On a review, unless the court directs otherwise—

(a) the court may not receive further evidence; and

(b) a party may not raise any ground of objection not stated in the application for assessment or a notice of objection or raised before the costs assessor.

(6) Subject to subrule (5) , on the review, the court may do any of the following—

(a) exercise all the powers of the costs assessor in relation to the assessment;

(b) set aside or vary the decision of the costs assessor;

(c) set aside or vary an order made under rule 740 (1) ;

(d) refer any item to the costs assessor for reconsideration, with or without directions;

(e) make any other order or give any other direction the court considers appropriate.

(7) Unless the court orders otherwise, the application for review does not operate as a stay of the registrar’s order.