Regulation 9(3) and 10(3) of the Civil Procedure Regulation 2017 (NSW) operate to hold solicitors jointly and severally liable for hearing allocation and hearing fees. 

In the event that such fees remain unpaid in proceedings, it is open to the Courts to seek recovery of these fees from the solicitors on the Court record. 
Should solicitors wish to avoid liability for a hearing/allocation fee, it is open to them to take precautions, including:

1. Inform clients of the applicable hearing/allocation fees before the commencement of the proceedings. Of note, the UCPR forms for originating process require solicitors to sign a declaration to the effect that they have advised their client that Court fees may be payable during proceedings which may include a hearing allocation fee.
2. Include the applicable hearing/allocation fees in their disclosed costs estimates. 
3. Seek payment of monies in trust for a hearing/allocation fee, or where the practitioner does not operate a Trust Account, make alternative arrangements with the client. 
4. Request Court timetables that allow adequate time for payment of a hearing/allocation fee before a hearing date is allocated and the option of ceasing to act in the event that a client is unable to make such payments.