Register a certificate of costs

The following Uniform Civil Procedure Rules (UCPR) apply to registering Costs Assessors' Certificates of Determination:

36.10 Filing of costs assessors' certificates (cf SCR Part 40, rule 12)
42.31 Recovery of assessed costs in Supreme Court (cf SCR Part 52A, rule 46)

Note

The certificate or certificates will, from the date of filing, be taken to be a judgment of the court under Division 11 of Part 3.2 of the Legal Profession Act 2004 (or section 71 of the Legal Profession Uniform Law Application Act 2014) for the amount of costs yet to be paid (if the party applying to register the certificate has received at least one payment towards those costs).

Procedural guide

The following is not legal advice. It is a step-by-step procedural guide.

What form should I use to register a certificate of determination of costs?

Form 45 must be used. Download the current version of the approved form from Uniform Civil Forms.

What are the fees to lodge a form 45?

The filing fee is prescribed Civil Procedure Regulation 2012. You can access the current fee schedule from our Fees page (see "Documents - Filing or registering a copy or certificate of judgment, order, determination"). Our Fees page also details the methods of payment accepted by the Court.

What do I attach to form 45?

Original certificates must be attached. More than one certificate between the same parties or in the same costs assessment may be attached.

If you do not have the original certificates you may apply for a certified copy. Contact the Costs Assessment Section at the Supreme Court to make arrangements to obtain a copy.

Certified copies are provided upon payment of the required fee (see the amount of the fee schedule in question 2 under 'Copies - Copy or certified copy any judgment, order, written opinion or reasons')

Do I have to lodge an affidavit with form 45?

Yes, whenever you apply to register a costs assessment certificate issued by any scheme in Australia, you must complete the affidavit that forms part of approved form 45 version 4. Briefly, the prescribed wording of this affidavit requires you to:

provide evidence of any payments made towards the assessed costs, and the dates of those payments, or
swear or affirm that no payments have been made towards the assessed costs.

Can I register the costs assessors' certificates in the Supreme Court proceedings to which they relate?

The Supreme Court Registry will not accept for filing costs assessors' certificates in the Supreme Court proceedings to which they relate unless sufficient reasons are demonstrated.

Otherwise, all costs assessors' certificates will be registered as fresh proceedings in the Common Law Division. You cannot register the costs assessors' certificates in the costs assessment file in the Supreme Court.

How do I calculate the amount to be enforced at the date of registration? Where do I put the amount to be enforced in the form 45?

The costs assessors' certificates set out the amount of costs determined to be reasonable and which party to the assessment is to pay those costs.

The certificates also set out the costs of the assessment or the costs of a review and which party is liable to pay them.

A costs assessors' certificate setting out the costs of a costs assessment may only be registered by a party who is not liable for all or some of the costs of the costs assessment but paid the Manager, Costs Assessment the amount of the costs of the costs assessment for the release of the certificates.

After calculating the amount to be enforced as set out in the certificates, if none of the costs are paid at the date of registration insert the total amount sought to be enforced under the heading 'Details of Judgment' next to 'Total amount to be enforced as at date of registration'.

If you were paid part of the costs determined in the certificates an affidavit sworn not less than 14 days prior to lodging the form 45 must be provided that sets out the amount paid. This enables you to calculate the correct amount you want enforced as a judgment.

Example

The assessor determines that Party A is to pay party B $1000, as set out in the certificate. Prior to applying to register the cost determination certificate, Party A paid party B $250.

The amount that Party B is entitled to enforce is the total amount of costs determined minus the amount Party A has already paid. This calculation is $1000 minus $250, resulting in an oustanding judgment amount of $750.

Under the heading 'Details of Judgment' section of form 45, Party B inserts:

next to 'Payments made or credits accrued since order made', the amount of $250, and
next to 'Total amount to be enforced as at date of registration', the amount of $750.

Finally, Party B's affidavit sets out the date upon which Party A made the $250 payment in paragraph 2(b).

Can I claim the filing fee for form 45 in the Supreme Court?

No. See UCPR r42.31(4). Do not complete or delete the wording '#Registration #Filing fee' under Details of Judgment. In the Supreme Court the filing fee cannot be claimed. Even if the parties complete this section of the form 45 it will not be allowed.

Can I obtain a copy of the judgment entered after I lodge form 45?

Yes. On payment of the requisite fee under the Civil Procedure Regulation 2012 (see the item 'Copies - Copy or certified copy any judgment, order, written opinion or reasons' in the fee schedule) when lodging form 45 the counter clerk will be able to produce a copy of the judgment immediately unless in the opinion of the counter clerk form 45 is incomplete or needs to be referred to a Chief Clerk or a Registrar for consideration.

Further copies can be obtained at any time by payment of the requisite fee at the counter.

Contact the Costs Assessment Section

Post: GPO Box 3, Sydney 2001

Phone: 1300 679 272

Email: costsassessment@justice.nsw.gov.au

Last updated:

04 Sep 2023