Costs assessment preparation (NSW)
Costs assessment in NSW is governed by the Legal Profession Uniform Law. This checklist walks through the standard preparation steps.
This is a 12-step preparation checklist for a NSW costs assessment. It covers the bill of costs, evidence, time limits and objections.
The checklist
Confirm the time limit
Applications by the client must be made within 12 months of the bill or request for payment.
Identify the type of assessment
Party-party, practitioner-client, or costs agreement assessment. Each has different rules.
Prepare an itemised bill
Prepare an itemised bill under the Legal Profession Uniform General Rules.
Gather the file
Retainer, costs agreement, disclosure, file notes, time records and disbursement vouchers.
Check costs disclosure compliance
Assess whether the disclosure obligations under ss 174-176 were complied with.
Draft the assessment application
Draft the application in approved form with supporting affidavit.
Calculate the filing fee
Filing fee is a percentage of the amount assessed. Check the current rate.
Serve the application
Serve on the other party and file the application with the Costs Assessment Registry.
Respond to objections
Prepare a response to objections line by line, with evidence and submissions.
Attend conference with the assessor
Attend any conference or teleconference arranged by the costs assessor.
Receive the certificate
On receipt of the determination, check the certificate before relying on it.
Consider review or appeal
A review application must be filed within 30 days. Appeals on law to the District Court.
When this checklist applies
Use this checklist for practitioner-client and party-party assessments in NSW. Track the 12-month window carefully.
Common pitfalls
- Missing the 12-month time limit
- Incomplete file material
- Poor costs disclosure records
- Bills that are not properly itemised
- Missing the 30-day review window
Run this checklist on a real matter
Quillio drafts itemised bills, objections and costs assessment submissions in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for Federal Court costs and interstate cost recovery.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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