Western Australian Numbered Acts

LEGAL PROFESSION ACT 2008 (NO. 21 OF 2008) - SECT 304

304 .         Costs of assessment

        (1)         A taxing officer must determine the costs of a costs assessment.

        (2)         Unless the taxing officer otherwise orders and subject to subsection (4) the law practice to which the costs are payable or were paid must pay the costs of the assessment if —

            (a)         on the assessment the legal costs are reduced by 15% or more; or

            (b)         the taxing officer is satisfied that the law practice failed to comply with Division 3.

        (3)         Unless the taxing officer otherwise orders and subject to subsection (4), if the law practice is not, under subsection (2), liable to pay the costs of the assessment, the costs of the assessment must be paid by the party ordered by the taxing officer to pay those costs.

        (4)         A taxing officer may refer to the Supreme Court any special circumstances relating to a costs assessment and the Court may make any order it thinks fit concerning the costs of the costs assessment.