Preparing a NSW costs assessment application
Costs assessment is the formal process for quantifying costs in NSW. Party/party assessments determine the amount recoverable under a costs order, while solicitor/client assessments review the fairness and reasonableness of legal costs charged to a client.
This is an 8-step workflow for preparing a NSW costs assessment application under the Legal Profession Uniform Law Application Act 2014 (NSW), whether for party/party costs or solicitor/client costs.
Before you start
- Sealed costs order (for party/party)
- Costs agreement and invoices (for solicitor/client)
- Time records and disbursement vouchers collated
- Client instructions on the quantum sought or challenged
The workflow
Identify the assessment type
Identify whether the assessment is party/party under s 70 or solicitor/client under s 198 of the Legal Profession Uniform Law Application Act 2014 (NSW).
Prepare the bill of costs
Prepare an itemised bill of costs in the form required by the Uniform Civil Procedure Rules, listing time entries, hourly rates, and disbursements.
Collate supporting material
Collate the costs agreement, disclosure statement, invoices, trust statements, and time records that will be tendered in support of the bill.
Complete the application form
Complete the Application for a Costs Assessment and supporting affidavit. Calculate the filing fee (based on claim quantum) and prepare payment.
File within time limits
File within the 12-month limit under s 198(3) for solicitor/client assessments, or as required for party/party assessments after the costs order.
Serve on the paying party
Serve the application and bill on the paying party and file proof of service. The paying party has 21 days to file a notice of objection.
Engage with the costs assessor
Engage with the costs assessor — respond to requests for further information, attend conferences, and address any provisional determinations.
Review the determination
Review the determination and advise on review under s 84 (by another assessor) or appeal to the District Court on a question of law.
What you will have at the end
A certificate of determination setting out the amount of costs assessed. The certificate can be filed as a judgment if unpaid.
Common issues
- Missing the 12-month time limit for solicitor/client assessments
- Incomplete itemisation in the bill of costs
- Failing to tender the costs agreement and disclosure statement
- Not addressing any indemnity costs order
- Overlooking review and appeal rights within the 30-day window
Run this workflow on a real matter
Quillio drafts the bill of costs, affidavits, and written objections, and benchmarks entries against the applicable costs rules. See /practice-areas/litigation-lawyers or start a free trial.
This workflow is a general guide for NSW. Other jurisdictions have different costs assessment regimes.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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