Frequently Asked Questions
These questions represent those most commonly asked of the Costs Assessment section in relation to the review of costs assessors' determinations. While every care is taken with the responses they are of a general nature and should be taken as a guide only.
A party dissatisfied with the determination of a costs assessor can apply for the decision to be reviewed by a panel, comprising of two experienced costs assessors. The review panel process offers an efficient method to review a costs assessor’s determination.
When an application for a review is lodged with the Manager, Costs Assessment, a panel is appointed. Once the Manager, Costs Assessment refers the application to a review panel, the operation of the determination of the original costs assessor is suspended.
A party to a costs assessment who is dissatisfied with a determination of a costs assessor, interim or otherwise, may within 30 days after the assessor’s determination has been forwarded to the parties, apply for a review. Your attention is drawn to section 83 (1) & (1A) Legal Profession Uniform Law Application Act 2014. The Manager, Costs Assessment may extend the period of time for lodging a review application. Any request for an extension of time is considered at the time the review application is lodged.
Prior to a party applying for a review, they must give all the other parties to the original costs assessment, a complete copy of the review application, with any supporting attachments.
By email is sufficient.
When filing the review application a supporting affidavit is required, stating that a copy of the review application has been provided to all the other parties of the original costs assessment. Reference is made to section 83(3) of the Legal Profession Uniform Law Application Act 2014 and clause 45(5) Legal Profession Uniform Law Application Regulation 2015.
The review application form and additional information about the review process can be found on the Supreme Court website under Costs Assessment. Also, please turn the page to read answers provided to other frequently asked questions that may assist you.
If the application for review is out of time, an application may be made to the Manager Costs Assessment to allow additional time. (s 83(1A) Legal Profession Uniform Law Application Act 2014). Applications for additional time must be made in writing and lodged with the application for review. The Manager of Costs Assessment will then forward the lodged review application to all parties, to facilitate them making any submissions in reply.
A request to extend time to lodge a review application should include (but not limited to) submissions on the following:
1. Explanation for the delay;
2. The merits of the application;
3. Any prejudice to the parties and why it is in the interests of justice for the application to proceed.
The review panel may affirm the determination of the costs assessor or set the original determination aside and substitute its determinations about the amount of legal costs payable, who should pay the original assessor’s costs and the party liable to pay the filing fee of the review.
Another matter that a review panel determines is the costs of the review itself. If the review panel affirms a costs assessor’s determination, the panel must require the party who applied for the review, to pay the costs of it. If the review panel sets aside the costs assessor’s determination, but the total amount of costs payable are increased or decreased by less than 15%, the applicant is required to pay the costs of the review. The costs of the review panel are usually in the range of $5,000.00 - $10,000.00, but can be more.
Before lodging an application for review, a party should consider carefully what could be achieved by lodging such an application. Not only will the applicant be liable to pay the filing fee, but should the review application fail, or fail to succeed by having the original determination varied by more than 15%, then they will also be liable for the costs of the review. If the outcome is varied by more than 15%, the panellists will determine how their costs are to be paid by the parties.
A party must give notice of the review application to the other side at least 7 days before lodging the application.
If a party lodges an appeal to the Court, without having lodged an application for a review, the Court may decline to hear the appeal or grant leave for the appeal. Please read section 389 of the Legal Profession Uniform Law Application Act (NSW). Instead the Court may direct the parties to lodge a review application. Please note, if the review application is then lodged out of time, a request for an extension of time must be made for the Manager, Costs Assessment, to consider.
IMPORTANT: It is strongly recommended that you seek independent legal advice concerning your position before lodging an application for review as there may be further costs implications, if you pursue the matter.
Please note, that any information contained in this document is intended to provide you with notice of the review process and should not be construed as a substitute for legal advice. You must read the relevant Act and Regulations.
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