Assessment of uniform law costs by law practice
– 12 month limitation – no provision for extension
Pursuant to Legal Profession Uniform Law ss 198 (3) and (4) an Application for Assessment by a law practice must be made within 12 months of the bill being given or request for payment being made. There is no provision for the law practice to obtain an extension of time to make an Application for Assessment to have costs assessed.
This applies to all matters where instructions were first received after 1 July 2015.
The time limitation applies in relation to bills given to clients and also to bills to retaining law practices and of billing law practices vis-à-vis other law practices.
In the legal profession, the term ‘costs’ generally refers to the fees and other expenses a solicitor charges a client for their expertise and other payments that arise out of the provision of legal services, such as court fees.
Costs are one of the most heavily regulated aspects of practising law. Solicitors owe many duties to their clients, such as the duty to disclose. The laws are not only complex, but have been frequently amended.
The Law Society of New South Wales has an educational and regulatory responsibility to ensure solicitors comply with the laws relating to costs. It assists in the settlement of costs disputes and in the investigation of complaints. The Law Society also helps solicitors by providing information and resources.
Our role – read more about the Law Society’s Legal Costs Unit and the Costs Committee.
Review of Billing Practices
November update - Council of the Law Society resolutions on billing practices:
The following documents were developed following a symposium on Billing Practices, held at the Law Society of NSW on 5 July 2011.
Help with costs
Costs assistance – confidential assistance for solicitors with cost issues via phone, email, correspondence or in person.
Costs education – face-to-face costs seminars, including customised in-house continuing professional development (CPD) programs.
Costs Guidebook 6th Edition Revised – a practical introduction to costs, featuring a suite of customisable precedents for compulsory costs disclosure and fee agreements. (Please note - this is being updated for the new uniform law)
Precedents and forms – download up-to-date samples which assist in ensuring compliance.
Tripartite Deed – precedent deed which can be used in the event of a termination of a retainer, when a client's file is handed over to a new practitioner.
Client fact sheets – view information the Law Society is required by law to provide to the public.
Costs Assessment Guides – Step-by-step guides for solicitors advising clients on the costs assessment process. (Please note - this is being updated for the new uniform law)
- Note regarding Costs Assessments and transitional provisions from 1 July 2015:
- Legal Profession Act 2004 and CURRENT assessment processes CONTINUE to apply to: Practitioner, client and third party costs assessments - where client first instructed the Law Practice BEFORE 1 July 2015 (see Legal Profession Uniform Law - Schedule 4 Clause 18) 2. Party Party Costs assessments (quantifying costs pursuant to an order of court or tribunal) - where proceedings to which the costs relate commenced BEFORE 1 July 2015 (see Legal Profession Uniform Law Application Regulation 2015 - reg 59)
- Legal Profession Uniform Law - Please note the Transitional provisions and in summary, any NEW costs assessment provisions will only apply to: Uniform costs (previously client and practitioner costs) - where client FIRST INSTRUCTED the law practice on or AFTER 1 July 2015 (see Legal Profession Uniform Law - Schedule 4 Clause 18) 2. Ordered Costs (previously party party costs) - where the proceeding to which the costs relate COMMENCED on or AFTER 1 July 2015 (see Legal Profession Uniform Law Application Regulation 2015 - Reg 59)
- Legal Costs Unit
- The Law Society of NSW
- 170 Phillip St
- Sydney NSW 2000
- DX 362 Sydney
T: (02) 99260116
- F: (02) 9221 5804
- E: email@example.com